TERMS AND CONDITIONS | Shade Sails

These Terms and Conditions (“Terms”) are effective May 1st, 2022.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF WWW.SHADESAILS.BIZ, ALL OTHER WEBSITES, MOBILE SITES, SERVICES, APPLICATIONS, PLATFORMS AND OTHER TOOLS WHERE THESE TERMS APPEAR OR ARE OTHERWISE REFERENCED. THESE TERMS LIMIT OUR LIABILITY TO YOU, REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND REQUIRE YOU TO WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.

This website is operated by Famoso Limited. dba SoCal Shade Sails. Throughout the website, the terms “COMPANY,” “we,” “us,” and “our” refer to Famoso Limited and its affiliates, successors, and assigns. The words “you” and “your” refer to each individual user accessing and using our website and services. COMPANY offers this website, including all information, tools, and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website and/or purchasing products and services from us, you engage in our “Service” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein. These Terms apply to all users engaging in our Service, including without limitation users who are browsers, customers, contractors, or vendors.

In the event there is any conflict or inconsistency between these Terms and any other terms of use or policy that appear on our website, these Terms will govern. However, if you navigate away from our website to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site.

If you do not agree with any part of these Terms, you must not use this website. Limited permission to view using a browser may be granted.

GENERAL CONDITIONS.

Our Service is not targeted towards, nor intended for use by, anyone under the age of 18 or anyone who resides outside of the United States of America. By using our Service you are representing (i) you are 18 years of age or older, (ii) you are legally capable to enter into contracts, and (iii) you reside and are currently located in the United States of America. We will not be liable for any damages that may result from a misrepresentation of age, capacity or residence by a user of our website.

We reserve the right to refuse Service to anyone for any or no reason at any time.

PRODUCT ORDERS

When placing an order on our Service, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion, in whole or in part. Should we elect to accept your offer, you will receive a confirmation email at the email address that you provide at such time. Notwithstanding the foregoing, we reserve the right to cancel any order once accepted by us (as evidenced by a confirmation email) at any time in our sole discretion.

Although we attempt to be as accurate as possible when describing products, we do not warrant in any way that our product descriptions or other content of the website is accurate, complete, reliable, current or error free.

The products available on our Service, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.

COMPANY WILL NOT BE HELD LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF OR CONNECTED WITH YOUR MISUSE OF OUR PRODUCTS, INCLUDING WITHOUT LIMITATION ANY USE FOR AN UNINTENDED, ILLEGAL OR UNAUTHORIZED PURPOSE.

PRODUCTS AND SERVICES AVAILABILITY AND COLOR DISCLAIMERS

Reference to any product or service on the website does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available. We cannot guarantee the availability of a particular product at any particular time. We reserve the right to change our product offerings on the website, without notice, at any time.

We in no way imply that the materials on the website are appropriate or available for use outside of the United States and will not be able to fill your order if you require shipping outside of the United States.

COMPANY attempts to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

MODIFICATIONS TO THE SERVICE AND PRICES; SHIPMENTS AND RETURNS

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue any of our products or the Service without notice at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility, of the website from time to time in our sole and absolute discretion. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or the Service.

Each customer shall be solely responsible for all sales taxes, or other taxes, on all orders.

Please refer to our Shipping and Returns & Refunds policies, and incorporated herein by reference, for further details regarding our shipping and return policies.

ACCOUNTS

Some features of the Service require that you register and create an account. When you create an account with us, you guarantee that you are over the age of 18 and that the information you provide us is accurate, complete and current at all times. Inaccurate, incomplete or obsolete information may result in the immediate termination of your account and use of the Service. As part of the registration process, you will be asked to provide us with certain personal information about you including your name, email address and country that you reside in and to create a password for your account. To sign into your account you will be asked to provide us with your email address on file and the password that you have created (collectively, “Account Credentials”). You are responsible for maintaining the strict confidentiality of your Account Credentials.

Your commitment to maintaining the strict confidentiality of your Account Credentials is a material condition of your access and use of the Service. You agree to accept responsibility for any and all activities or actions that occur under your Account Credentials. You must not allow others to use your Account Credentials, and you agree to notify us immediately if you have reason to believe that someone is using your Account Credentials without your permission or upon becoming aware of any breach of security or unauthorized use of your account. Except to the extent required by law, we will not be liable for any losses arising out of the unauthorized use of your Account Credentials, either with or without your knowledge.

We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the website or any component thereof and to block or prevent future access to and use of the website and to delete your account and any related information.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including without limitation your account information (e.g., Account Credentials), credit card number, the expiration date of your credit card, security code, your billing address and your shipping information.

You agree to provide current, complete and accurate purchase and account information for all Purchases made through the Service. You agree to promptly update your account and other information, including without limitation your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

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.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; (ii) the information you supply to us is true, correct and complete; and (iii) that you will pay for all charges incurred through the use of your account (if applicable).

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you consent to our use and disclosure of the information to these third-parties subject to our Privacy Policy at shadesails.biz/privacy-policy/, which is incorporated herein by reference (“Privacy Policy”).

Consent to receive NOTICES

You consent to receive electronically any agreements, notices, disclosures and other communications (collectively, “Notices”) arising from these Terms including without limitation by e-mail or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of our newsletters or marketing communications. If you no longer want to receive our newsletters or marketing communications, you must notify us directly or follow the opt-out instructions found in our communications.

If you provide your telephone number to us, you are explicitly providing us with your consent to call you even if you have opted into the National Do Not Call List administered by the Federal Trade Commission or any state equivalent Do Not Call List. You can opt-in to join our mailing list to receive alerts and promotional information about our Service. If you no longer want to receive communications from us, you must notify us directly or follow the opt-out instructions found in our communications.

OPTIONAL TOOLS

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 website 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.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third‑party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third‑party websites. Please review carefully the third‑party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third‑party products should be directed to the third party.

SUBMISSIONS

“Submissions” mean all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to COMPANY regarding the products or services of COMPANY. Submissions will not be confidential and will become the property of COMPANY upon submission to COMPANY. By providing any Submissions, you agree to assign to COMPANY, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to COMPANY will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not COMPANY, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. COMPANY does not prescreen or monitor any Submissions as a matter of policy. Except as expressly stated and agreed upon in advance by COMPANY, no confidential relationship shall be established in the event that any user of this website should make any oral, written or electronic communication to COMPANY (such as feedback, questions, comments, suggestions, ideas, etc.). If any COMPANY website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), COMPANY shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and COMPANY shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to COMPANY is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

INTELLECTUAL PROPERTY

The content, organization, graphics, design, compilation, product design and labeling, and other matters related to our website and Service are protected under applicable U.S. and international copyright, trademark and intellectual property laws. “FAMOSO”, “SOCAL SHADE SAILS”, and all our logos and other marks are either trademarks or registered trademarks of COMPANY (“Trademarks”). Unless disclosed otherwise in writing, we exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within our website and related to our Service, and all modifications and derivative works thereof, and all intellectual property rights related thereto (“Intellectual Property”). The posting of information or materials on this website by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You will not challenge, contest or otherwise impair COMPANY’s ownership of the website and the content therein or the validity or enforceability of COMPANY’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on our website at any time without notice. Nothing contained in these Terms will be construed by implication, estoppel or otherwise as granting you an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of COMPANY or any third party. None of the material on our website may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of COMPANY, which permission may be withheld in our sole and absolute discretion.

PERSONAL INFORMATION

Any and all information that we obtain from you, or from transactions processed through the Service, including without limitation, names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the website may be collected and used by us as provided in our Privacy Policy located at [INSERT HYPERLINK], which is incorporated herein by reference. You confirm that you have read and agree to the terms of our Privacy Policy, the terms of which are incorporated herein. We make no and disclaim all representations or warranties with regard to the sufficiency of the security measures used for data handling and storage. WE WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES THAT RESULT FROM A LAPSE IN COMPLIANCE WITH OUR PRIVACY POLICY BECAUSE OF A SECURITY BREACH OR TECHNICAL MALFUNCTION TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

ERRORS, INACCURACIES AND OMISSIONS

We are not responsible if information made available on this website or our Service is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

This website may contain certain historical information. Historical information may not be current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

COMPANY DOES NOT WARRANT THE QUALITY, ACCURACY, OR COMPLETENESS OF ANY CLAIMS, STATEMENTS, OR INFORMATION ON THIS WEBSITE. FURTHER, COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION AND/OR PRODUCTS AND SERVICES SHOWN OR DESCRIBED ON THIS WEBSITE OR ANY OTHER WEBSITE FOR ANY PURPOSE. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS TERMS OR ON THE WEBSITE, ALL PRODUCTS, SERVICES AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR CONTENT AVAILABLE ON THIS WEBSITE.

COMPANY DOES NOT WARRANT THE INFORMATION, SERVICES, OR PRODUCTS PROVIDED HEREIN OR YOUR USE OF THE SERVICE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE WHEN DESCRIBING OUR PRODUCTS ON THE WEBSITE; HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS, INFORMATION OR OTHER CONTENT AVAILABLE ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THIS WEBSITE. COMPANY CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER COMPANY, NOR ANY OF ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS OR EMPLOYEES, NOR ANY THIRD-PARTY VENDOR, WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEBSITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEBSITE, THE CONTENT CONTAINED HEREIN OR THE PRODUCTS OR SERVICES OFFERED ON THIS WEBSITE AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEBSITE OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF COMPANY OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES. IN NO EVENT WILL COMPANY OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF COMPANY OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. COMPANY CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF COMPANY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE SERVICE, THE CONTENT, THE PRODUCTS OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO COMPANY FOR THE SPECIFIC SERVICE(S)/PRODUCTS GIVING RISE TO SUCH CLAIM DURING THE PRIOR SIX (6) MONTH PERIOD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless COMPANY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, judgments, damages, obligations, losses, liabilities, costs or debt, and other expenses of any nature (including reasonable attorney’s fees), resulting or arising in any way from your use and access of the Service, this website, your Purchase, your account, your Submissions, any acts or omissions by you or on your behalf with respect to any Purchase and/or any of your Submissions, or your breach of applicable laws, these Terms or the documents and policies referenced herein, your improper installment of our products and any use of our products for an unintended, illegal or unauthorized purpose. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may (i) suspend your rights to use the Service (as well as your COMPANY account) or (ii) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms or if we believe you are younger than 18 years old. Upon termination of these Terms, your COMPANY account and right to access and use the Service will terminate immediately. You understand that any termination of your COMPANY account may involve deletion of any posts you may have posted. COMPANY will not have any liability whatsoever to you for any termination of these Terms, including for termination of your COMPANY account or deletion of your posts.

The provisions herein related to our Intellectual Property, Trademarks, user posts, acceptable use, disclaimer of warranties, indemnity, limitation and liability, and arbitration together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party to the extent permitted by applicable law.

GOVERNING LAW

These Terms and any separate agreements whereby we provide you the Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to these Terms, or your use thereof, will be brought and conducted in San Diego County, California, and each user consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him or her as contemplated by this Section.

CHANGES TO TERMS AND CONDITIONS

You can review the most current version of these Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

PROMOTIONAL TERMS

Any and all offers or promotions advertised on the Service are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

CONTACT INFORMATION

If you have questions or concerns regarding these Terms or need to obtain a copy of these Terms in alternate format due to a disability, please contact us by email at [email protected] or by phone at 760.535.1966.

CIVIL CODE SECTION 1789.3 NOTICE FOR CALIFORNIA USERS

In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints regarding this website with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Sacramento, California 95834, by telephone at (916) 445-1254 or (800) 952-5210, or by email to [email protected].

DISPUTE RESOLUTION; ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

Both you and COMPANY agree that any dispute, controversy or claim arising out of or relating to these Terms and this website, our products or Service shall be settled by binding arbitration conducted by JAMS in accordance with JAMS Comprehensive Arbitration Rules and Procedures (“Rules”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this arbitration agreement shall be interpreted as limiting any non-waivable statutory rights.

The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, in San Diego County, California. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to these Terms, or any breach hereof, including any claim that these Terms, or any part hereof, is invalid, illegal or otherwise voidable or void. Notwithstanding the foregoing, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

You agree that you have voluntarily chosen to visit this website, use the Service and purchase our products, and any claim brought by you must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). Both you and COMPANY hereby expressly waive any rights to maintain any Class Action in any forum. Any court or arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration or lawsuit. Any claim that all or part of these Terms to arbitrate and Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

YOU HEREBY AGREE THAT THIS WAIVER APPLIES TO YOUR USE OF ANY ASPECT OF OUR WEBSITE, PRODUCTS, AND/OR SERVICE, AND APPLIES, WITHOUT LIMITATION, TO ANY CIVIL CLAIMS YOU COULD HAVE PURSUED AGAINST COMPANY, INCLUDING ANY CIVIL CLAIMS RELATED TO THE PRIVACY POLICY INCORPORATED BY REFERENCE HEREIN. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT BY YOUR VOLUNTARY USE OF THE WEBSITE AND SERVICE, AND BY THE PURCHASE AND USE OF OUR PRODUCTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HAVE AGREED TO PURSUE ANY CIVIL CLAIMS YOU MAY HAVE AGAINST COMPANY INDIVIDUALLY BY THE TERMS OF THE BINDING ARBITRATION DESCRIBED ABOVE. THIS PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.

30-Day Right to Opt-Out – To opt-out of your agreement to arbitrate disputes and to waive raising or participating in any Class Action claims, you must notify us in writing within 30 days of these terms first becoming applicable to you (i.e., within 30 days of you first agreeing to a version of these Terms containing an Arbitration Agreement and Class Action Waiver provision) by emailing us at the email address set forth above and provide us with the following information: (i) your name; (ii) your address; and (iii) a clear statement that you wish to opt out of the Arbitration Agreement and Class Action Waiver provision in these Terms.