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Terms of Service

This website is intended solely for users who are (I) twenty one (21) years of age and older; or (II) eighteen (18) and in possession of a valid medical marijuana registration card.  You represent and warrant either that you are twenty one (21) years of age or older, or if you are eighteen (18) that you have a valid medical marijuana registration card. Certain parts of this website may be subject in whole or in part to heightened age and/or other eligibility requirements.

 

  1. Overview

Welcome to the family of sites provided by The Good Dispensary and its affiliates (“Company”).  This agreement applies to all of the websites on which it is posted including without limitation https://thegooddispensary.com and any other online and mobile websites and interactive applications operated by Company (collectively the “Company Sites”).  Use and access to the Company Sites and the Services (as defined below), are subject to these terms and conditions of use (the “Terms”) as well as our Privacy Policy located at: thegooddispensary.com/privacy-policy/, which is made a part of these Terms.  This website is void where prohibited by law.  Any violation of this Agreement by you may result in restrictions on your access to all or part of the Company Sites and may be referred to law enforcement authorities.

We reserve the right to change these Terms from time to time.  Any updates to these Terms shall be posted on this website. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes.  By continuing to use any of the Company Sites or Services after we post any such changes, you accept these Terms, as modified. By accessing one of the Company Sites or our Services, you accept these Terms and certify that you have reviewed these Terms and meet the age requirements set forth above.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE LEAVE THIS WEBSITE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW.  IF YOU DO NOT INTEND ON USING THE SERVICES IN ACCORDANCE WITH THESE TERMS, DO NOT UTILIZE THE SERVICES PROVIDED BY COMPANY.

 

  1. The Services

Services described on the Company Sites may or may not be lawful or available in all jurisdictions, or may be available under different restrictions in different jurisdictions.  You agree to use the Services in accordance with all applicable guidelines as well as all state and federal laws that the Services are subject to.

The Services consist of one or more of the following: a web-based interface, product ordering platform, messaging applications,  data transmission, data access and data storage, and other functionality of the Company Sites (collectively, the “Services”).

 

  1. Mobile and Email Messaging Policy

In order to receive messages to your phone number through the Company Sites and/or Services, you must consent, or otherwise opt-in, to the receipt of such messages,  as may be required by any applicable law or regulation.

To assure compliance with opt-in requirements, Company and/or its provider will send you an initial opt-in confirmation message to your phone number (the “Opt In Confirmation”) before any other messages are sent to your phone number.

Whenever you message STOP to cancel and opt out of any future messages from Company to your phone number, Company and/or its provider will send an automatic confirmation response to you (the “Opt Out Confirmation”).

Any email addresses submitted for an account for use of the Services are automatically added to Company’s customer database and, by submitting such email addresses, you have agreed to receive communications regarding the Services requested by you and/or your account.

You acknowledge and agree that Company’s third party provider of messaging services is, under no circumstances, responsible for the contents and/or accuracy of Company messages.

 

  1. Your Content and Information

The parties acknowledge and agree that any information or materials that you or individuals acting on your behalf provide to Company , and the content of any messages you send to Company, shall remain the property of you (“Customer Information”).   By providing any such Customer Information to Company, you grant to Company a worldwide, royalty-free, license to use and host such Customer Information as required in order to provide the Services as contemplated herein. Company shall not use your Customer Information for any purpose other than in connection with providing the Services as contemplated herein.  In connection with Customer Information you provide to Company, you warrant and represent to Company that you have all rights, title and interests necessary to provide such Customer Information to Company, and that your provision of such Customer Information to Company shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.

 

  1. Username / Password; Account

As part of the registration process you will need a username and/or password.  You shall provide Company with accurate, complete, and regularly updated member profile information.  You agree that you will not provide any false personal information to Company, or create an account for anyone other than yourself without their permission.  You will also not create more than one personal profile, and we reserve the right to remove or reclaim your username if we believe in our sole discretion that is necessary or appropriate (such as if a trademark owner complains about a username).  You agree to notify Company of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. You shall be responsible for maintaining the confidentiality of your password.  Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, in Company’s sole discretion, and you may be reported to appropriate law-enforcement agencies. Company may, in its sole discretion, and at any time, with or without notice, terminate your account for any reason or no reason at all.  If we disable your account, you agree that you will not create another one without our permission. Should Company take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account. You understand and agree that Company shall not have any liability to you or any other person for the removal of information concerning your account.  Company will determine your compliance with this Agreement in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal.

 

  1. Intellectual Property

You are permitted to access the Company Sites, the Services, and any content provided by Company (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Company Sites or otherwise) solely for the purpose of receiving information about Company’s business and products, purchasing and utilizing the Services, communicating with Company, entering promotions offered by Company, or otherwise as stated on the Company Sites.  Company hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you solely for the purpose of using the Company Sites and Services.

We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering subject matter in the Services, including the web pages that are part of the Services and the Company Sites.  Except as expressly provided in these Terms, the availability of the Services and the Company Sites does not give you any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the Company Sites are the sole property of Company or its licensors, each of whom reserves all rights with regard to such materials.  You acknowledge and agree that you may not copy, reproduce, retransmit, modify, alter, create any derivative works, reverse engineer, decompile, or disassemble any portion of the Services or Company Sites without the express written permission of Company. All other trademarks or trade names are the property of their respective owners, and such material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner.

Company abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws.  As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Company that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.  Company does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws.  The following notice requirements are intended to comply with Company’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

 

Notice of Infringing Material

To file a notice of infringing material on a site owned or controlled by Company, please provide a notification containing the following details:

  1. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
  2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
  3. Your contact information so that we can contact you (for example, your address, telephone number, email address);
  4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
  6. Your physical or electronic signature.

Then send this notice via email to vhgkristine@gmail.com

 

  1. Data Protection & Privacy

we are committed to maintaining the privacy of your information, pursuant to our Privacy Policy, located at thegooddispensary.com/privacy-policy/.  Except as otherwise required for your use of the Services as contemplated herein, Company does not want you to, and you should not, send any confidential or proprietary information to Company via the Company Sites, email or text messages.

You further recognize that Company does not want you to, and you warrant that you shall not, provide any information or materials to Company that is racist, discriminatory, defamatory, threatening, obscene, harassing, or otherwise unlawful, or that infringes the proprietary material of another.

 

  1. Payments

Your use of the Services and obtaining purchased product is contingent on your paying for such in the amounts indicated on the Company Sites.  Your payment for the Services and purchased product shall be deemed completed when purchased product is delivered, picked up or otherwise obtained by you and Company receives the full amount of payment owed for such Services and purchased product.  We may adjust our prices from time to time without prior notice.

Company will charge your indicated method of payment for the Services and purchased product when purchased product is delivered, picked up or otherwise obtained by you or earlier after ordered by you if permitted by applicable law.  Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Company Sites. If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by Company.

You agree that your use of the Services occurs in ARIZONA and is subject to any applicable ARIZONA taxes.  To the extent that you are responsible for any additional taxes or fees beyond those collected by Company, you agree that you will pay them when due to any applicable taxing authority, including any interest or penalties assessed.

Company shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your payment method, nor for any actions taken by the provider of the payment method you use (which could include refusal to authorize the charge).  In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.

As between you and Company, you are responsible for all charges related to purchases made using your account, whether or not you authorized such purchases.  In the event of a non-payment by customer under these Terms, Company shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including but not limited to: collection agencies, court costs, filing and service of process fees, attorneys’ fees incurred from counsel of Company’s choosing, or any other costs, fees, and expenses incurred in the pursuit of collection on all customer accounts and receivables due and payable under these Terms.

 

  1. No Warranty; Limitation of Liability

Company reserves the right to modify, suspend, or discontinue the offering of any of the Company Sites or Services at any time for any reason without prior notice.  Further, while Company utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer, mobile device or other property by your use of the Company Sites or Services.

You acknowledge that your messages are transmitted unencrypted and that eavesdropping of communications by third parties is possible.  Company recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method.

Company shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services will be uninterrupted; (ii) the Services will be available at any particular time; or (iii) you will be able to access the Services at any particular time or from any particular location.

Company will not be liable for any act or omission of any other company or companies furnishing a portion of the Services, or from any act or omission of a third party, including those providers participating in Company offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with the Service.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE COMPANY SITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED.  NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, COMPANY DOES NOT WARRANT THAT THE USE OF THE COMPANY SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., “HACKING”) NOR SHALL COMPANY OR ANY OF ITS PROVIDERS BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE.  FURTHERMORE, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE COMPANY SITES OR SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE PRODUCT, MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. NEITHER COMPANY NOR ANY OF ITS PROVIDERS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OR DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR GOODS ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, OR OTHER CAUSES OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (COLLECTIVELY, THE “RELEASED MATTERS”). IF YOUR USE OF THE COMPANY SITES OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.  COMPANY’S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE COMPANY SITES OR SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE AMOUNTS YOU HAVE PAID TO COMPANY DURING THE IMMEDIATELY PRECEDING 90 DAYS HEREUNDER.

 

BY ACCESSING THE COMPANY SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters.  In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true.  Nevertheless, you intend by this Agreement to release fully, finally and forever all Released Matters under this Agreement. In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.  Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Company Site and/or the Services. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company.  Views and opinions of users of the Company Sites do not necessarily state or reflect those of Company. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information or content available as part of the Company Sites. The Internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user’s computer or other device from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction.  You should also be aware that email submissions over the Internet and text messages may not be secure, and you should consider this before submitting any information to anyone over the internet or through text messaging. Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Company Sites.

 

  1. User Warranties; Indemnification

You warrant and represent to Company that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.  You further warrant and represent that the content of your messages will not infringe or otherwise violate the rights of third parties, and that you are and shall at all times remain in full compliance with all applicable laws, rules and regulations with regard to your use of the Company Sites and Services.

You agree to indemnify and hold harmless Company and its affiliates and each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers and service/goods providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected by Company in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, governmental investigation or enforcement action based upon or arising out of: (i) your breach of the above warranties; or (ii) any use by you, or an account or computer or other device owned by you, of the Company Sites or Services.  You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action, but we reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and that is otherwise subject to indemnification by you. You acknowledge and agree to be held liable for any and all damages caused to Company by you as a direct result of a violation of local, state, national or international laws and regulations.

 

  1. Termination, Cancellation and/or Suspension by Company

If at any time you breach these Terms, we may elect to suspend, terminate, and/or cancel your use of the Services, your account, and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation.  We reserve the right to suspend the Services, at any stage for any reason we may deem necessary.

Upon any such termination, cancellation, and/or suspension, you are still responsible for any obligations then accrued.  Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services (in whole or in part).  Upon termination for any reason, you agree to immediately cease using the Services and Company shall have no obligation to you after any termination or cancellation of these Terms.

Should such a termination take place when you still have credits in your account, you shall receive back, at our discretion, a fair monetary value of such credits, save any expenses that may be incurred by Company, including, without limitation, for payment of transfer duties, legal costs, third-party costs, or penalties.  The provisions regarding ownership, payments, warranties, representations and indemnifications will survive any suspension, termination, or cancellation of your use of the Services or Company Sites.

 

  1. Termination by the User

You are free to terminate or cancel your use of the Services at any time, and for any reason or no reason.  

 

  1. Links to other Websites

The Company Sites may contain links to third party websites.  These links are provided solely as a convenience to you and not as an endorsement by Company of the contents of such third-party websites.  Company is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites.  If you decide to access linked third-party websites, you do so at your own risk.

Company cannot ensure that you will be satisfied with any products or services that you purchase from a third party website that links to or from the Company Sites, since these websites are owned and operated by independent third parties.  Company does not endorse any of the products/services, nor has Company taken any steps to confirm the accuracy or reliability of any of the information contained in such third party websites. Company does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites.  Company strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Company consents to links to the Company Sites which conform to the following: the appearance, position, and other aspects of any link to the Company Sites may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Company nor be such as to damage or dilute the goodwill associated with the name and trademarks of Company or its affiliates.  Company reserves the right to revoke this consent to link at any time in its sole discretion, without notice.

 

  1. Security Rules

You are prohibited from violating or attempting to violate the security of the Company Sites and Services and from using the Company Sites and Services to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user of the Company Sites or Services, host or network, including, without limitation, via means of submitting a virus to the Company Sites, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) sending unsolicited e-mail or text messages, including promotions and/or advertising of products or services; or (e) forging any Company packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting.  Violations of system or network security may result in civil or criminal liability. Company may investigate violations of these Terms, and may involve and cooperate with law enforcement authorities in prosecuting users of the Company Sites who are involved in such violations.

 

  1. Force Majeure

Company shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of Company.  In addition, Company shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Services.

 

  1. Choice of Law and Jurisdiction

The Company Sites are controlled and operated by Company from its offices within the state of ARIZONA, United States.  Accordingly, these Terms shall be governed by and construed in accordance with the laws of the State of ARIZONA notwithstanding its laws governing conflicts of laws.  Company makes no representation that materials on the Company Sites, the Services, or the purchase of product are appropriate or available for use in other jurisdictions.  Except as hereinafter provided, any dispute arising under these Terms shall be settled and determined by binding arbitration in MESA, ARIZONA in accordance with the provisions of the Federal Arbitration Act, 9. U.S.C. §§1-16, as amended (the “Federal Arbitration Act”), to the exclusion of state laws inconsistent therewith. The terms of the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”) then in effect shall apply except to the extent they conflict with the express provisions of this paragraph.  A single independent arbitrator shall conduct the arbitration. The parties shall endeavor to select the independent arbitrator by mutual agreement. If such agreement cannot be reached within thirty (30) days after a dispute has arisen which is to be decided by arbitration, the selection of the arbitrator shall be made in accordance with the Rules as then in effect. The arbitrator shall be a member of a state bar engaged in the practice of law in the United States or a retired member of a state or the federal judiciary in the United States.  The award of the arbitrator shall be based on the evidence admitted and the substantive law of the State of ARIZONA (subject to any applicable preemption or supersedence by U.S. federal substantive law) and shall contain an award for each issue and counterclaim. The award shall be made within thirty (30) days following the close of the final hearing and the filing of any post-hearing briefs authorized by the arbitrator, and such award shall set forth in writing the factual findings and legal reasoning for such award. The arbitrator may, in his/her discretion, award to any party specific performance or injunctive relief (the foregoing is not intended to limit Company’s access to the courts to the extent provided below).  The arbitrator may not change, modify, or alter any express condition, term, or provision of these Terms or the extent the scope of their authority is expressly limited. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding upon the parties and no appeal of any kind may be taken. Judgment may be entered thereon in any court having jurisdiction thereof. Each party shall be entitled to inspect and obtain a copy of non-privileged relevant documents in the possession or control of the other party. All such discovery shall be in accordance with procedures approved by the arbitrator. Unless otherwise provided in the award, each party shall bear its own costs of discovery. The statute of limitations applicable under ARIZONA law to the commencement of a lawsuit shall apply to the commencement of arbitration hereunder.

Anything in the foregoing paragraph to the contrary notwithstanding, Company may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of these Terms.

These Terms are only those stated herein, which shall constitute the complete agreement between the parties.  No terms and conditions stated in or attached to your communications to Company are applicable to these Terms in any way and are not to be considered your exceptions to the provisions of these Terms.

 

  1. Miscellaneous

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.  If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.  No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, Company will be entitled to recover costs and attorneys’ fees if it substantially prevails.

All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.  Company may give notice to you by means of a general notice on the Company Sites or Services, electronic mail to your email address on record in Company’s account information, or by written communication sent by personal delivery, fax, overnight courier, or certified or registered mail to your address on record in Company’s account information.

 

Last updated 9th July, 2018.