Acknowledgment of Federal Law
User expressly acknowledges that the Site is for use by residents of states which have enacted laws regulating the legal use of medical or recreational cannabis pursuant to their respective state laws. Under the United States Controlled Substances Act, Marijuana is classified under Schedule 1 and therefore possession, distributing, or manufacturing of marijuana, including interstate transportation of marijuana, is illegal under United States federal law. Individuals engaged in said activities are subject to arrest and prosecution. BY ACCESSING OR USING THE SITE OR COMPANY PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND ACKNOWLEDGE THE VARIOUS LEGAL RISKS ASSOCIATED WITH THE USE OF CANNABIS UNDER APPLICABLE STATE AND FEDERAL LAWS, AND IN ALL SCENARIOS, YOU WILL ASSUME FULL RESPONSIBILITY FOR COOPERATING WITH AND ABIDING BY ALL SUCH APPLICABLE LAWS. NEITHER COMPANY OR OUR PARTNERS ARE LIABLE FOR YOUR USE, DISTRIBUTION, OR POSSESSION OF CANNABIS IN VIOLATION OF FEDERAL OR STATE LAW.
Furthermore, you expressly acknowledge and agree that any and all statements concerning cannabis products, accessories, or any other items sold or made available through the Site, have not been evaluated, approved, or endorsed by the FDA or any other regulatory agency. All such statements are provided for informational purposes only and should not be relied upon for any medical advice, health care, or similar treatment. If you suffer from any medical condition or illness, or if you are pregnant, nursing, and/or taking medications of any kind, you must consult with a physician before using any cannabis products, accessories, or any other items sold or made available through the Site. Some products have been linked to illness or even death. ANY AND ALL CANNABIS USE (INCLUDING ANY AND ALL METHODS FOR INGESTION) IS SOLELY AT YOUR OWN RISK.
Acknowledgment of California Law
User expressly acknowledges that the use, possession, cultivation, transportation and distribution of cannabis is illegal in California unless all participants are acting completely within the scope of all applicable local and State Regulations including without limitation, and by way of example only, Business and Professions Code Division 10, California Code of Regulations Title 16 Division 42, California Code of Regulations Title 3. Division 8, California Code of Regulations, Title 17 Division 1 Chapter 13.
ACKNOWLEDGEMENT OF LOCAL LAWS. You expressly acknowledge that the distribution, transportation, cultivation, possession, and use of cannabis is illegal in certain cities, counties, municipalities, and local jurisdictions unless undertaken pursuant to applicable laws in such areas. You expressly acknowledge and agree to abide by and take all responsibility for abiding by the laws of your local jurisdiction while using the Site. We further reserve the right at any time to limit, change, or eliminate service to any particular Delivery Area.
Permitted Users of this Site
This Site is intended to be used and accessed by people who are of legal age to purchase and consume Cannabis. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If the Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time, without notice.
Access to the Site
- License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
- Internet Access. When using the Site on your mobile, laptop, desktop or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device through a Wi-Fi or LTE data communication network and (ii) any Internet connection and telecommunications fees and charges that you incur.
- Your Device. Company is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Site, including, but not limited to screen display operation features of your Device.
- No Guarantee. Access to the Site may be suspended temporarily and without notice (a) in the event of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these Terms, (d) for reasons reasonably beyond our control, or (e) as otherwise explained in these Terms.
- Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) or your Account, with or without notice to you. You agree that Company will not be liable to you or to any third-party for any modification, suspension, or discontinuation of the Site, any part thereof or your Account.
Representations and Warranties
Users agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; b) that advertises any illegal service or the sale of any items which are prohibited or restricted by the laws of your State; c) attempt to gain unauthorized access to the Collective’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site. By using the Site, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Site because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Site. Without limiting the foregoing, the Site is not available to children (persons under the age of 18). By using the Site, you represent and warrant that you are at least 18 years old. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Site is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Site you agree to comply with all applicable laws from your home nation, country, state and city in which you are present while using the Site.
By using the Site, you agree that:
You will only use the Site for lawful purposes; you will not use the Site for sending or storing any unlawful material or for fraudulent purposes.
You will not use the Site to cause nuisance, annoyance or inconvenience.
You will not impair the proper operation of the network.
You will not try to harm the Site in any way whatsoever.
You will not copy, or distribute content on the Site without written permission from the Collective.
You will keep secure and confidential your account password or any identification we provide you which allows access to the Site.
You will provide us with whatever proof of identity we may reasonably request.
You will only use an access point or data account (AP) which you are authorized to use.
You will at all times act in full compliance with the laws of your State pertaining to medical (or the recreational use of) cannabis.
You will not create multiple Accounts or otherwise manipulate the Site to order cannabis products in excess of the legal limit; and
You will not abuse our promotional or credit code system by redeeming multiple coupons at once.
Rights to Contents and Intellectual Property
The copyrights to all materials, content, and layout of this Site (including text, user, and visual interfaces, images, look and feel, design, sound, etc., and any underlying software and computer codes) are proprietary to the Collective, its parents, affiliates, subsidiaries, or third-party licensors. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without the Collective’s express prior written consent.
Any name, logo, trademark, service mark, patent, design, copyright, or other intellectual property appearing on this Site is owned or licensed by the Company or its parents, affiliates, or subsidiaries, and except as specifically allowed herein, may not be used by you without the prior written consent of the Company or the appropriate owner. Your use of this Site does not grant you any right, title, interest, or license to any such intellectual property appearing on the Site.
Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.
Image & Video Download and Usage
Subject to these Terms and Conditions, you may use only permitted Images and Videos solely in whole for editorial use by press and/or industry analysts. This right to use is personal to you and is not transferable by you to another party. Images and Videos cannot be used to promote or sell any product (such as on advertising, brochures, book-covers, stock photos, t-shirts, or other promotional merchandise). You may not alter, or modify the Images and Videos, in whole or in part, for any reason. You, not the Company or its parents, affiliates, or subsidiaries, are responsible for your use of the Images and Videos. Any misuse of the Images and Videos or breach of these Terms and Conditions may cause the Company or its parents, affiliates, or subsidiaries irreparable harm.
Use of this Site
The Company maintains this site for media use as well as your personal entertainment and information and education. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied, or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except with the Company’s express prior written consent. All rights not expressly granted here are reserved to the Company.
You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents, or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.
- Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate and you will provide any required proof of your identity which we may reasonably request from time to time; (b) you will maintain the accuracy of such information; (c) in using your Account, you will act in full and complete compliance with any and all laws of your state relating to the use of cannabis; and (d) you will only maintain one Account. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account at any time in accordance with this section.
- Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Your Account is for your sole and personal use only and you may not provide authorization to any third-party or entity to use your Account, and you may not use your Account for the benefit of third-parties. When using your Account, you hereby agree to comply with those laws and regulations applicable to you in the city, state, country, or national jurisdiction in which you reside while accessing your Account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- Account Verification and Authentication. You hereby agree that Company may verify the registration information associated with your Account and authenticate such information (including, if applicable, with any cannabis dispensary you choose to join or conduct transactions with through the Site).
Payment and Delivery
- Prices. You understand that (i) the prices for items displayed through the Site may include discounts, promotions or other price modifications at our sole discretion; (ii) Company has no obligation to itemize its costs, profits or margins when publishing such prices; and (iii) Company reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes, including without limitation state, local, sales, and other taxes, on your use of the Site provided under these Terms (other than taxes based on Company’s income). Where applicable, payment will be processed by Company, using the preferred payment method designated in your Account.
- Payments. Company may at its sole discretion use authorized third parties for the purpose of processing your transactions, including fraud prevention, vendor direct shipping, and credit card authorization. By submitting your payment card to us, or bank account information to your lending institution, you grant us the right to store and process your information with such third parties. You agree that Company will not be responsible for any failures of such third parties to adequately protect your information.
- No Refunds. Charges paid by you for completed and delivered orders are final and non-refundable. Company has no obligation to provide refunds or credits, but may grant them, in each case in Company’s sole discretion. We do not warrant that any descriptions, images, or other information relating to items displayed via the Site are entirely accurate, up-to-date, complete, or error-free.
- Promotional Offers. Company, at its sole discretion, may make promotional offers with different features and different rates to any of our users, including without limitation referral codes (collectively “Promotional Offers”). These Promotional Offers, unless made to you directly, shall have no bearing whatsoever on your individual offers or transactions. Additionally, to the extent permitted by applicable law, Promotional Offers: (i) must be used only for their intended purpose, in accordance with any applicable rules and in a lawful manner; (ii) may not be transferred, replicated, sold, or combined unless authorized in writing by Company; (iii) may be valid only for certain items, or may expire after a certain period of time even if before actual use or redemption; (iv) may be changed, canceled, or retracted by Company at any time for any reason; (v) have no monetary value and are not valid for any cash or credit; and (vi) are void where prohibited by law.
- Fees. Company may charge various fees as shown on the Site during checkout in connection with the services available through the Site, including without limitation, delivery fees, cancellation fees, compliance fees, and other fees. We may change any and all such fees, or add additional fees, as we deem necessary or appropriate for our business at any time.
- Deliveries. You agree, represent and warrant that you will only access the Site and order products through the Platform if you are 21 years of age or older (or 18 years of age or older with a valid Medical Marijuana Card). You also agree that, upon delivery of any products, you will provide valid government-issued identification proving your age to the driver delivering the products and, if applicable, a medical marijuana card. The recipient must not be intoxicated when receiving delivery of such products. Delivery drivers reserve the right to refuse delivery if you are not 21 years of older, if you cannot provide a valid government-issued ID, if the name on your ID does not match the name on your order, if the driver in his or her sole discretion believes the delivery to be unsafe or illegal for any reason, you are outside of the Delivery Area, or if you are visibly intoxicated.
By agreeing to these Terms and using our Site, you also agree to receive communications from us including via email, text message (to the extent permitted by applicable law), calls, and push notifications. Communications may include responses to your inquiries, operational communications concerning your Account, or marketing materials.
User Opt-In: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting-into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By affirmatively opting into the Program, you provide Company with your express written consent, via e-signature, to deliver or cause to be delivered advertising and marketing mobile messages through an automatic telephone dialing system or an artificial or prerecorded voice at the phone number associated with your opt-in. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Site. If you wish you opt out of all texts or calls (including operational or transactional texts or calls), please contact us at email@example.com. However, you acknowledge that opting out of receiving all texts may impact your use of the Site.
While you consent to receive messages sent using an automatic telephone dialing system, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “auto-dialer”). Message and data rates may apply.
User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Company in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting-out. You also understand and agree that any other method of opting-out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting-out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Company of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Company, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and Agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt-into the Program can expect to receive messages concerning the marketing and sale of products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Company.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We are not liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Company’s control.
Participant Requirements: You must have a wireless Device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your Device capabilities for specific text messaging instructions.
THE Company DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT, OR ACCURACY.
The Company also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video, or audio from the Site or any linked sites.
Limitation of Liability
In no event shall the Collective, its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive, or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site. You acknowledge by your use of the Site, that your use of the Site is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.
You agree to defend, indemnify, and hold the Company harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site.
Communications with this Site
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. The Company will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.
Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. The Company cannot prevent the “harvesting” of information from this Site, and you may be contacted by the Company or unrelated third parties, by e-mail or otherwise, within, or outside of this Site. Anything you transmit may be edited by or on behalf of the Collective, may or may not be posted to this Site at the sole discretion of the Company and may be used by the Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information. If you transmit any ideas, concepts, materials, or other communications to this Site, you accept that it will not be treated as confidential and may be used by the Company without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.
Although the Company may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. The Company assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
Notice and Procedure for Making U.S. Claims of Copyright Infringement
It is our policy to promptly respond to claims of copyright infringement and comply with all provisions of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to firstname.lastname@example.org.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, it’s agent or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We may give notice to our users by means of a general notice on our Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to email@example.com which includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which the Company may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
At its sole discretion, the Company may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you, and without liability to you or any third party.
Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by the Company or its affiliates do not imply endorsement of that product, publication or site. The Company has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
United States Governing Law; Void Where Prohibited
This Site shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of and consent to, the laws of the State of California, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that the Company intends to make such products or services available in such countries. Any offer for any product, feature, service or Application made on this Site is void where prohibited. Your information will be transferred to the Collective, located in the State of California, United States, to a location may be outside of your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.
You and the Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
ARBITRATION RULES AND GOVERNING LAW
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
ARBITRATION LOCATION AND PROCEDURE
Unless you and the Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and the Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the modification-related provisions above, if Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us a notice to firstname.lastname@example.org with “Legal” in the subject line within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Collective’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Site. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.