WisRosin.com (“Website”) is operated by Rupshare, LLC, D.B.A. (Doing Business As) “WisRosin” (“Company,” “we,” “us,” or “our”) and offers various hemp products, services, and uses affiliate links to products in blog posts (collectively, “Products and Services”), and from time to time may offer other products or services for sale. Our Company offers Products and Services for sale subject to these Terms and Conditions of Use (the “Terms”), which may be updated by us from time to time.
You, the one purchasing and/or using Products and Services, including our Website, is considered a “Customer” who is highly recommended by us to read, understand, and agree to these terms and conditions prior to using our Products and Services. In addition, when using our Website, Customer agrees to abide by any additional posted guidelines for all of our Products and Services, which may change from time to time, and to comply with all applicable laws, regulations and rules.
Use of our Website and/or any Products and Services should be immediately discontinued if Customer (you) become unsatisfied with any of these Terms, any guidelines, or any subsequent modifications. The Terms remain in force and effect as long as the Customer is a user of the Website and/or a registered user. In the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability.
Every Customer should periodically review these Terms and Conditions. Company reserves the right, at any time, to change the Terms by publishing revised terms on the Website. Any use of the Website and/or our Products and Services by you after our publication of any such changes shall constitute your acceptance of these Terms, as modified, with regard to any additional use of the Website or additional purchase of Products and Services. You agree that Company is permitted to access and use any other information provided by you to provide Products and Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Products and Services we provided to you.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE AND STOP ALL USE OF PRODUCTS & SERVICES.
BY USING THE WEBSITE, PRODUCTS, AND SERVICES, AND AGREEING TO THESE TERMS, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO A CONTRACT.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to cancellation, refund, and/or return only according to our Cancellation, Refund, and Returns Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We May Provide You With Access To Third-Party Tools Over Which We Neither Monitor Nor Have Any Control Nor Input.
You Acknowledge And Agree That We Provide Access To Such Tools ”As Is” And “As Available” Without Any Warranties, Representations Or Conditions Of Any Kind And Without Any Endorsement. We Shall Have No Liability Whatsoever Arising From Or Relating To Your Use Of Optional Third-Party Tools.
Any Use By You Of Optional Tools Offered Through The Site Is Entirely At Your Own Risk And Discretion And You Should Ensure That You Are Familiar With And Approve Of The Terms On Which Tools Are Provided By The Relevant Third-Party Provider(s).
We May Also, In The Future, Offer New Services And/Or Features Through The Website (Including, The Release Of New Tools And Resources). Such New Features And/Or Services Shall Also Be Subject To These Terms Of Service.
Access To The Website And Restrictions On Your Use
Company grants you a limited, revocable, nonexclusive, non-transferable license to access our Website and use our Products and Services for your own personal use only. You may not download or modify any portion of the Website except as expressly permitted by Company. No Materials (as defined herein below) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express, written permission. Violation of these Terms and Conditions results in the automatic termination, without notice, of your license to access the Website and may also be subject to punishment by law for the infringement of Company’s copyright, trademark, and/or other rights. You agree not to access or try to access any computer system of Company, its programs or its data that are not made available for public use. Any action of the sort will be immediately reported to authorities and our attorneys.
Except as expressly stated within these Terms and Conditions, you are not granted any right of use or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary right of Company or any affiliated third party, in connection with the use of our Website and/or any Materials provided by Company or any third party on the Website. Elements of the Website, including but not limited to button icons, graphics, images, logos, page headers, sounds, and the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements) are protected by copyright, trade dress and other state and federal laws and may not be copied or imitated, in whole or in part.
By using our Website, Products, Services, and Materials, you agree that you will NOT:
- Use any data mining, robots, spiders, or similar data-gathering and extraction methods, in any way, to reproduce or alter or disrupt the presentation of our Website and/or Products and Services.
- Attempt to disable or breach the security of the Website, Product and Services, or features that prevent, limit or restrict use or copying of the Website or any Product and/or Service.
- Infringe on trademark and copyright laws with our Website and/or Products and Services, or anything on or within these. This includes copying, reproducing, republishing, uploading, posting, transmitting, broadcasting, or distributing images, content, or anything provided or offered to you within a Product or Service, in whole or in part, without our written permission.
- Transmit any software or other malicious materials containing viruses or any other destructive or harmful items into any part of our Website and/or Products and Services.
- Attempt to decompile, disassemble, modify, sub-license, translate, sell, or reverse engineer any portion of the Website and/or Product and Service, which includes attempting to derive any source code or underlying ideas or algorithms in or provided through our Website, Products and Services.
- Deliberately or happen to “accidentally” try to impose or do anything that may impose, in our sole judgment, an unreasonably large load on our (or our third party providers’) infrastructure.
- Use any materials from our Website and/or Product and Services for any unlawful purpose.
- Spam or flood our servers, email accounts, bandwidth, or any of our third parties or affiliates.
- Attempt to resell or make commercial use of our Website or any Product and Service; or make any derivative use of our Website, or any Product, Service or Materials unless agreement to do so is initiated by being approved as a Wholesaler.
Purchasing Items From our Website
Company makes reasonable effort to ensure that any and all prices quoted on our Website are accurate, correct and competitive. We also work to describe each Product and Service available on the Website as adequately and thoroughly as possible. However, when ordering Products or Services featured on the Website, please note that the Company does not warrant that product and service descriptions are 100% accurate, complete, reliable, current, or error-free. Often times, this is due to us continuously updating or adding to Products and Services as they are being launched and sold through our Website.
If a Product and/or Service described on the Website is not as described when you receive it, and the exception is not otherwise noted on our website, you should contact our customer service department by emailing us at [email protected].
Pricing Errors and Omissions
Company reserves the right to change or alter prices, availability, and other purchase terms without prior notice. We make every effort to ensure the accuracy of the information on the Website and if errors are discovered, we work to correct them as quickly as possible. However, be advised that the Company also reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged.
Cancellation, Refund, And Returns Policy
If a cancellation is needed to be made, Company must receive the cancellation within the first 24 hours of when the order is placed to avoid charges and receive a full refund.
If a cancellation is made 24 hours or later from the original order date and time and the product has not shipped, Company will cancel the order and provide a full refund.
If a cancellation is made 24 hours or later from the original order date and time and the product has shipped, Company reserves the right to charge a restocking fee of up to 100% of the cost of the order.
To request a cancellation and a refund, contact Customer Service via [email protected].
Customers ineligible for a refund may be granted a partial refund in our sole discretion.
Returns of delivered product are handled on a case by case basis. In every case, product must not be opened and must still have protective seal. Buyer will be responsible for paying return shipping of the product they are looking to return and refund may be granted after inspection of the product.
Modification Or Suspension Of The Website
The Company, in its sole discretion, reserves the right to make, modify, discontinue, or suspend its operation of this Website, or in any part thereof, temporarily or permanently, without notice to the Customer, and by being a user of the Website and purchasing Products and Services from the Company, you, the Customer, agrees that we, the Company, will not be liable for the consequences of doing so.
THE COMPANY AND ITS OWNER, PRINCIPALS, REPRESENTATIVES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU, THE CUSTOMER, TAKES BASED ON THE INFORMATION, PRODUCTS, SERVICES, OR MATERIALS ON THE WEBSITE.
YOU SHOULD ALWAYS CONSULT YOUR HEALTHCARE OR OTHER PROFESSIONAL RELATED TO YOUR SITUATION BEFORE THE USE OF INFORMATION OR PRODUCTS FROM THE COMPANY.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
While we work to keep the information on the Website accurate, complete, and up-to-date, we cannot guarantee or take any responsibility for any damage related to the accuracy, completeness, or timeliness of the information on the Websites, or in any of the Company’s Products and Services.
Your use of the Website is subject to the additional disclaimers sand caveats that can be found or that may appear throughout the Website and within the Company’s Products & Services.
Disclaimer of Warranties With Respect to Use of Website & Company’s Products and Services
The Website, along with all of the Company’s Products and Services, are available on an “as is” and “as available” basis. Except as specifically provided herein, to the fullest extent applicable within the the law, the company fully and completely disclaims all warranties of any kind, whether express or implied, including, and without limitation, any warranties of merchantability, fitness for a particular purpose, situation, and non-infringement.
While the Company strives to reasonably include as much accurate and up-to-date information on the Website, the Company does not make any warranty that the website or products will meet the Customers requirements or expectations, or that access to the website will be uninterrupted, secure, error-free, or that any defects, if they exist, will be corrected.
THE COMPANY MAKES NO WARRANTY THAT THE CUSTOMER WILL ACHIEVE SPECIFIC RESULTS, IF ANY AT ALL, AS A RESULT FROM USING THE WEBSITE, OR ANY OF THE COMPANY’S PRODUCTS AND SERVICES, WHICH INCLUDES THE ACCURACY, QUALITY, OR RELIABILITY OF THE INFORMATION PROVIDED HEREIN THE WEBSITE, PRODUCTS AND SERVICES.
By using the Website, and/or the Products and Services offered, you agree and understand that any material and/or data downloaded from the Website, Products, and Services are at your own risk and you will remain in full responsibility for any damage to your computer system, loss of data, or any other inconvenience cause from the download or use of the Website, or the Company’s Products and Services.
No advice or information, whether provided orally or in written format, obtained by you from the Company or its Website shall create any warranty not expressly made herein the Terms and Conditions on the Website.
Limitations Of Liability And Damages
You agree that the Company’s legal liability, including the liability of any and all affiliates, officers, directors, employees, or agents, for any claim made by you as a result of you using the Website or purchasing the Products or Services offered shall only be equal to the amount you originally paid to the company, except as provided in the arbitration agreement below. Customer agrees, through the continued use of the Website and/or Products and Services, that the Company will not provide any special, incidental, or punitive damages, even if we have been advised and made aware of such damages. Although some states do not allow the exclusion or limitation of incidental or consequential damages, which may make this exclusion not directly apply to you, and as such, this paragraph is not, in any way, intended to modify the law.
Compliance With Laws
You agree to comply with any and all applicable laws at the federal, state and local level, regulations, rules and ordinances regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
Indemnity Agreement by Use of Website, Products, and Services
By use of the Website, you agree to indemnify and hold the Company, along with its affiliates, owners, subsidiaries, successors, directors, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including but not limited to reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the Website or our Products and Services, your violation of the Terms, or your breach of any of your acknowledgements, agreements, representations, warranties and obligations herein.
You also acknowledge that the Company has set its price and has offered access to the website with the understanding that these limitations of liability and damages and indemnity in these Terms and Conditions are in place, of which are an essential basis of the Company being able to provide the Website, Products, and Services. You agree to abide by these limitations of liability and damages and indemnity in relation to the Company, of which also survive and apply even if you find to have had the Website, Products, or Services fail their purpose for you.
Links to Affiliates & Third Party Sites
Ownership of Website, Product and Service Content
Company owns and operates this Website, and as such the Company, or third parties, own and reserve all rights, title and interest in and to the materials provided, of which include but are not limited to the “look and feel” of all aspect of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, buttons, icons, service marks, trademarks, trade dress, and images, collectively our “Materials”. As stated previously, but repeated for importance, the Company reserves all rights to all of the previously mentioned, and except if otherwise expressly provided by us in writing, you may not copy, display, distribute, download, post, reproduce, republish, transmit, or upload the Materials. Customer or anyone else using this Website should not assume that any statement or the offering of these Materials, even if purchased and paid for, allows for the license, express or implied, of Company’s intellectual property rights, as we have not given this and will not give this unless exclusively received permission and license to do so under agreement and contract by the Company, with its owners, in writing. Any rights that have not been expressly granted to you by these Terms and Conditions are strictly reserved by us, the Company.
All designs, images, text, graphics, trademarks, book distribution, course content, video, and everything else on the website or in the products and services offered are owned by Company. Copyright © 2019, Rupshare, LLC DBA WisRosin. ALL RIGHTS RESERVED.
Enforcement of Rules and Policies
In the event of a potential breach of these Terms and Conditions, we will investigate, as desired, any reported violation of our terms, policies or complaints and will take any action that we deem appropriate. While the Company is not obligated to take any action, action taken may include, but is not limited to, a warning or suspension or termination of your rights to use our Website, without refund or entertaining any claims made by the Customer. You agree not to attempt to use the Website after said termination and agree that Company is and shall not be liable to you, or any third party, for any termination of your access to the Website. The Company reserves all rights to report any activity to appropriate law enforcement officials or other third parties if we suspect your activity violates any law or regulation at a local, state, or federal level.
Company reserves all rights, in the safety and protection of our rights, property, personal safety, and those rights, property and the personal safety of our users and customers, while also ensuring the integrity and operation of the Company, Website, Products, Services, Materials, and systems, Company may cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, at which time we may disclose your information including, without limitation, your user profile information (i.e. name, e-mail address, other contact information, etc.), IP address, traffic information, and usage history in connection with such circumstances.
Customer, website visitor, member, and user (you) is solely responsible for the content submitted on or through the Website, including but not limited to contact information, and any content or information that you transmit to other users or third party advertisers through using our Website, Product, Services, Materials, and Groups.
The Terms herein and the business relationship between you and the Company shall be governed by the laws of the State of Wisconsin, Laws of the United States, and the Laws of United Kingdom, without regard to any conflicts of laws principles.
Binding Arbitration Dispute Resolution
PLEASE ACTUALLY READ THIS SECTION, AND READ CAREFULLY. THIS SECTION AFFECTS YOUR RIGHTS.
Most concerns or questions can be resolved quickly by contacting the Company Customer Service Center via [email protected], and we may decide to call you after initial contact via email to further assist you.
If Customer Service cannot resolve your complaint to your satisfaction for some unlikely reason, or if we are unable to informally resolve a dispute, we each agree to resolve the remaining open disputes through binding arbitration rather than in court. Arbitration uses a neutral arbitrator, instead of a judge or jury, allows less discovery than courts (securing identity more), and is subject to very limited court review. Overall, Arbitration is less formal and stressful than going to court and tends to leave both parties in agreement with less residual affects.
We each agree to use American Arbitration Association (AAA) to serve as the arbitration provider and agree that any arbitration under these Terms will take place on an individual basis. This means you agree that representative, group, collective or class actions or arbitrations are not permitted. If you prevail in arbitration, Company reserves the right to pay you more than the amount of the arbitrator’s award and may, under our sole digression, pay your actual, reasonable attorney’s fees if you end up being awarded an amount greater than what we offered you to settle the dispute before engaging in arbitration.
We encourage you to speak with your own lawyer before using this Website, any of our Products and Services, or Materials if you feel questionable or uncertain of these terms, but continuing to use the Website or any Product, Service, or Material provided by the Company constitutes as your agreement to these Terms.
A) We each agree, Company and Customer, to use a single arbitrator to arbitrate and settle all disputes and claims that may occur between us. The disputes and claims we will arbitrate are all encompassing and intend to be interpreted broadly, which include, but are not limited to, the following:
- Disputes or claims derived from any aspect of the relationship between us, or relating to our relationship, no matter if it is based in advertising, contract, fraud, misrepresentation, or any other legal matter and/or theory;
- Disputes or claims from any Terms between the Company (us) and Customer (you), wether before these herein or any other prior Terms may have become effective;
- Disputes or claims that may be currently subject or a part of an open, past, or future class action litigation of which you not already a member of the certified class; and
- Disputes or claims that may come after we have terminated the Terms herein, if we decide to terminate the operation of any part or all operation of the Company, including but not limited to the Website, Products, Services, or Materials.
References to “Company,” “Customer,” “you,” “we,” and “us” in these Terms and any agreement with Rupshare, LLC also includes all subsidiaries, including WisRosin, affiliates, agents, assigns, employees, predecessors in interest, and successors, which also includes any and all authorized or potentially unauthorized users, operators, directors, or beneficiaries of the Website and the Company Products and Services.
Carefully note that this arbitration agreement does not try to interfere and does not preclude you bringing potential issues to the attention of the law, including, but not limited to, local, state, and federal agencies. Agencies mentioned, under some laws, may help seek relief against or resolve issues with us on your behalf. With the use of the Company’s Website, Product, Services, and Materials and entering into these Terms with the Company, both you and Company agree to each WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A REPRESENTATIVE, GROUP, COLLECTIVE OR CLASS ACTION OR ARBITRATION.
You acknowledge, and understand, any use of Company’s Website or the purchase/use of any Product, Service, or Material offered by the Company constitutes an interstate commerce transaction. The Federal Arbitration Act (“FAA”) of the United States governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms.
B) Any party seeking arbitration under this Arbitration Agreement and these Terms must first send a written Notice of Dispute (“Notice”) to the other party by U.S. certified mail. If a Notice is to be sent to the Company to initiate arbitration process, please email [email protected] to receive physical address. If Company initiates arbitration, we will send a written Notice to the electronic mail address provided to us provided in your account. It is advised your account address is up to date, otherwise this may cause further issues.
The Notice must:
- Accurately and adequately describe the nature and basis of the claim or dispute
- Set forth the detailed, specific relief sought (“Demand”)
If the Company and you are not able reach an agreement in order to resolve the described claim or dispute within 30 days after the Notice is received, either party may initiate the arbitration process. At any time during the arbitration, the amount of any settlement offer made by Company or you, no matter verbal or in writing, shall not be disclosed to the arbitrator until after the arbitrator makes their determination on the amount, if any, that you or the Company is entitled.
Please access more information and forms to initiate the arbitration on the American Arbitration Association (“AAA”) website at: https://www.adr.org/Rules
C) Once the Company receives the Notice sent to our address that arbitration has commenced, payment of any and all arbitration fees will be governed according to the rules set for by the AAA. Currently, the filing fee for any consumer-initiated arbitration set at $200, but this remains subject to change at anytime by the arbitration provider, the AAA. If for some reason you are unable to pay this consumer-initiated filing fee and your total claim totals $75,000 or less, Company may pay the filing fee after receiving a written request and statement of intent to commence arbitration. Except for the limitations and terms herein, the Company agrees to pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with these Terms and Conditions. If for any reason, however, the arbitrator finds a lack of substance to your claim or the relief requested and sought after in the Demand is at all frivolous or brought on to us for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then payment of all such fees will be governed by the AAA Rules. If the AAA finds such case in your claim, you agree to reimburse for all monies previously disbursed by the company that are or would be otherwise your obligation to pay as detailed in the AAA Rules.
D) Any and all arbitration proceedings are agreed by both parties to be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA (collectively, the “AAA Rules”), as modified by these Terms and Conditions of Arbitration Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org or by calling the AAA at the contact information found on their website. The arbitrator is bound by these Terms and Conditions. All issues between both parties are for the arbitrator to decide, except any and all issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (F) are for the court to decide.
E) Unless if otherwise agreed to by the Company and you, any arbitration hearings are to take place in the county or parish of the contact address submitted to us by you. If the total claim is for $10,000 or less, you can choose whether the arbitration is to be conducted solely on the basis of documents both parties submitted to the arbitrator, via a telephone hearing, or via an in-person hearing to be governed by the AAA Rules. If by either in-person or telephone hearing, we reserve the right to respond only by written or telephone response. If the claim exceeds $10,000, we agree to let the AAA Rules determine whether you have a right to an in-person or telephone hearing. Each party agrees any arbitration under these Terms and Conditions that neither party will rely on any previous award or finding of fact or conclusion of law made during or as a result of any other arbitration which the Company was a party. In all cases, arbitrator is to issue a reasoned, written decision that is sufficient enough to explain the findings of fact and conclusions of law on which the award of the arbitration decision is based.
F) If, in any respect, the arbitrator decides in your favor to the merits of your claim, and the arbitrator has issued you an award that is for any reason greater than the value of the last written settlement offer made before an arbitrator was selected, then Company will pay you the greater amount between either the amount of the award determined by the arbitrator or $1,000 (“the Alternative Payment), plus the actual amount of reasonable attorney’s fees and other expenses that you incurred during the investigation, preparation, and pursuit of your claim in arbitration (the “Attorney’s Payment”). If we did not provide a written offer to settle the dispute prior to an arbitrator being selected, you will then be entitled to only the Alternative Payment and the Attorney’s Payment, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may decide to make rulings and resolve disputes as to the payments and reimbursements of any fees, expenses, and the Alternative Payment and the Attorney’s Payment during the proceeding at any time and/or upon request from either party made within 14 days of the arbitrator’s ruling. In assessing an award as to whether this award including attorney’s fees or expenses is greater than the value of Company’s last written settlement offer, the arbitrator is to consider only the actual attorney’s fees or expenses reasonably incurred before Company’s settlement offer.
G) The right to attorney’s fees and expenses as discussed in the previous paragraph (F) is to supplement any right to attorney’s fees and expenses you may or may not have under applicable law. If for any reason you would be entitled to a larger amount as detailed under applicable law, this provision will not and does not preclude the arbitrator from proceeding to award you that amount according to the applicable law. However, you are not to recover duplicative awards for attorney’s fees or costs. Under some laws Company may be given or have right to an award in total or a portion of the total amount of attorney’s fees and expenses from you if it prevails in an arbitration; however, we will not request or seek such an award from you.
H) The arbitrator may only provide an award in monetary and injunctive relief to the specific individual party seeking relief and the award may only be to the extent necessary to provide relief warranted by this specific party’s individual claim. BOTH PARTIES, YOU AND THE COMPANY, AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, both you and the Company agree, unless otherwise agreed to by both parties in writing, the arbitrator may not consolidate more than one person’s or parties claims, and may not otherwise preside over any form of a representative, group or class proceeding. Arbitrator may only award relief that a court could award which must be individualized to the claimant and would not or does not affect other customers. Both parties agree, both you and the Company, that neither party may seek non-individualized relief that would affect other customers. If, for any reason, a court would decide that any applicable law precludes the enforcement of any limitations detailed in this paragraph as to a particular claim seeking relief, then that specific claim (and only that specific claim) must be severed from arbitration and brought into court. Any and all other claims are to remain subject to the Terms and Conditions of this Arbitration Agreement.
I) If the total amount in a dispute or claim exceeds $75,000 or either of the two parties is seeking any form of injunctive relief, either party has the right to appeal the award to a three-arbitrator panel administered by AAA. This appeal must be submitted by a written notice within thirty (30) days from the date of the written arbitration award. Any award of injunctive relief shall be stayed (on hold) during any such appeal. All members of the three-arbitrator panel shall be selected according to AAA Rules. The three-arbitrator panel shall issue its decision within one-hundred-twenty (120) days starting from the date of the receipt of the appealing party’s written notice of appeal. The decision of the three-arbitrator panel is to be final and binding, subject to any and all rights of judicial review that may exist under FAA regulation.
J) If any of these Terms and Conditions are to change, we agree any material change to this provision of arbitration agreement (other than a simple change to a notice address, link to a website or page, phone number, or email address), this change shall not apply to any claim or dispute of which we already had a written Notice on the date the change became effective. Additionally, if we are to terminate this provision of arbitration agreement, such termination shall not take effect until at least thirty (30) days after notice by email of our intent to terminate this agreement is given to you, and is not take effect to claims and disputes which we received notice of prior to the actual date of termination.
DMCA Copyright Infringement
Copyright owners, or their agent(s), who believe Material or content on this Website may infringes on your copyright may submit a notification under the Digital Millennium Copyright Act (“DMCA”), which can be done through providing, in writing, the following information:
- A signature, either physical or electronic, of one person who is authorized to act on behalf of the owner of the copyright and the exclusive right which is allegedly infringed upon;
- A copy of, link to, or identification of the specific copyrighted work of which has been supposedly infringed upon;
- Identification of the specific Product, Service, Material, or content that is suspect for infringing upon your copyright;
- Contact information that is reasonably sufficient in order to permit the service provider to effectively contact you, including an address, phone number, and email;
- A detailed statement explaining the nature of how the suspect material infringes upon your copyright and explaining that you, in good faith, believe that use of the suspect material is not authorized by the copyright owner, its agent, or the law;
- A detailed statement that the information provided in your notification is accurate, and under penalty of perjury if you are not the owner, that you are actually authorized to act and administer on behalf of said copyright owner with the exclusive right that is allegedly infringed.
Prior to sending DMCA Notice, please contact [email protected] to receive a physical address to send the hard copy Notice.
In order to contact the Company directly regarding a complaint about the Website, Product, Service, or any Materials, and for any other communication, please contact our customer service department: [email protected].
Serve-ability of Agreement
You agree if, for any reason, one or more provision(s) of the Agreement is detailed by a court, or another binding authority, to be identified as being invalid, every attempt is to be made to ensure the intentions as reflected in that provision, as well as all remaining provisions that remain in the Terms and this Agreement, are to continue in full force and effect.
Electronic Signatures and Agreements
By clicking on any links, buttons, or boxes on the Website labeled “DOWNLOAD”, “I ACCEPT,” “OK,” “SUBMIT” or any such similar links, buttons, or boxes provided by the Company to accept the Terms and Conditions listed herein, you agree and understand that you are submitting and providing a legally binding electronic signature and entering into a legally binding contract. You acknowledge and understand the electronic signature and submissions you provide by clicking through these links, buttons, or boxes constitute your acknowledgement, agreement, intent, and understanding that you are to be bound by this Agreement.
The Terms and Conditions herein constitute the entire agreement between agreed to by you and the Company. This agreement governs your use of the Website, Products, Services, and Materials provided by the Company and supersede any prior agreements between you and the Company. The Company’s failure or decision to not exercise or enforce any right or provision of this agreement shall not constitute a waiver of these Terms and Conditions. The Terms and Conditions do not limit any rights that Company may have under trade secret, copyright, patent or any other laws. If any provision of these Terms and Conditions is found to be invalid, you agree that all other provisions of this agreement are to remain in full force and effect.
You warrant, represent and agree that, by continuing to use the Company’s Website, Products, Services, and/or Materials, you (i) have taken the time to carefully read, review, considered, understand, and accept these Terms and Conditions, (ii) are consenting to these Terms and Conditions under your own free will and based upon your own sound judgment, without any force, coercion or fear of retaliation, and (iii) you have made your own decision prior to accepting these terms to consult or not consult an independent legal counsel with respect to these Terms and Conditions.
If, at any time, these Terms and Conditions have been breached by you, the Company will, in addition to all other available remedies described herein and under the local, state, and federal laws, be entitled to pursuing and seeking a temporary restraining order, preliminary and/or permanent injunction.
As of May 25th, 2018, all residents of the European Economic Area have the following data protection rights under the EU GDPR (European Union’s General Data Protection Regulation):
If you would like to access, make a correction, provide an update, or delete your personal information from our Website and third party providers, please contact us at any time by emailing [email protected]. There is no fee in order to access your personal data, or to exercise any of your rights to change, update, or delete any of this data. However, we reserve the right to charge a reasonable fee if your request is unreasonable, repetitive, or excessive in any nature to our digression, and we also reserve the right to not comply with your request in these specific circumstances.
In addition, you may also object to the Company processing or restrict processing of your personal information, or request portability of your personal information to another service provider. To exercise these rights, please contact us at [email protected].
You also have right to opt-out of receiving marketing communications we will send you from time to time, at any time. Please exercise this right by clicking on “unsubscribe” or “opt-out” link located at the bottom of any marketing emails that we send to you.
Similarly, if we have collected and processed your personal information under your consent, you have the right to withdraw your consent at any time. Withdrawing your consent shall not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent or if you so choose to provide us your consent thereafter at another time. However, if you are to revoke your consent, you will not be able to use any Product, Service or feature of our Website that does require collection or use of the information we previously collected or used on the basis of consent, and you understand that revoking your consent may impact your ability to access Products, Services, and Materials offered by the company that you previously purchased.
We will respond to all requests received from individuals wishing to exercise their data protection rights in accordance with applicable respective data protection laws. However, we reserve the right to keep any required information in our archives of which we deem necessary in order for us to comply with Company’s legal obligations, resolve any claims and disputes, and enforce our agreements.
In order to process any request under your rights previously mentioned, we will need to request some specific information from you to help us confirm your identity and to ensure you have right to access the personal data under the request (or to exercise any other rights). This is a security measure to ensure that personal data, including yours, is not to be disclosed to any person who does not have right to receive it. For additional confirmation, we may also need to contact you to ask for additional information in relation to your request to speed up our response.
Although we try to respond to all legitimate requests right away, the wait time for response may vary depending on the number of requests in our queue. Occasionally, especially if your request complex or you request contains a number of requests, it may take us longer to complete. If this is the case, we will be sure to notify you.
You have the right to make a complaint to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
If you are an EU resident and you are not happy with any aspect of how we have collected and used your data, we would be grateful if you would contact us first if you do have a complaint, so that we can try to resolve it for you. However, if you need further assistance, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).
For requests under the EU GDPR mentioned previously, please email us: [email protected]