Terms & Conditions
Welcome to the Pine Park website! Pine Park, Inc. together with its affiliated entities (collectively, “Pine Park,” “Company,” “we,” “our,” and “us”) offer this website located at: www.pineparkhq.com and related sub domains, applications, social media page(s), services, and tools (each, a “Site”) to you for use subject to your compliance with the terms, conditions, and notices set forth below (“Terms”).
Changes to the Terms. Pine Park may revise the Terms at any time by updating this posting. If you access, use or view the Services after revisions have been made, you may be forced to accept the revised Terms and you will be bound by them; therefore, we advise you to periodically review this page for such revisions.
ACCEPTANCE OF TERMS. BY ACCESSING A SITE, CREATING AN ACCOUNT, DOWNLOADING ACCESSING, OR USING THE SERVICES, YOU EXPRESSLY (A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS IN THEIR ENTIRETY; AND (B) AGREE TO BE BOUND BY ALL OF THE TERMS AND BE HELD LIABLE FOR ANY NONCOMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS, PLEASE EXIT THE SITE PROMPTLY AND DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE ANY SERVICE.
PLEASE BE AWARE THAT THE DISPUTE RESOLUTION SECTION OF THESE TERMS REQUIRES YOU TO RESOLVE DISPUTES WITH Pine Park THROUGH FINAL AND BINDING ARBITRATION. THESE TERMS ALSO INCLUDE A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. THIS MEANS THAT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ALL INFORMATION (INCLUDING CONTENT POSTED BY Pine Park) CONTAINED ON THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. Pine Park DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SERVICES, INCLUDING USER CONTENT. Pine Park: (1) DOES NOT OFFER MEDICAL ADVICE; (2) IS NOT A LICENSED MEDICAL OR ADULT-USE CANNABIS RETAILER OR CULTIVATOR; (3) DOES NOT ITSELF PROVIDE SALES OR DELIVERY SERVICES TO CONSUMERS; and (4) DOES NOT CULTIVATE, MANUFACTURE, PACKAGE, LABEL, TEST, OR SELL MEDICAL OR ADULT-USE CANNABIS. ANY INFORMATION ACCESSED THROUGH THE SERVICES IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. ALWAYS CONSULT A QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICES. IF YOU ARE PREGNANT OR MAY BE PREGNANT, BREASTFEEDING, SUFFERING FROM A KNOWN HEALTH CONDITION, OR TAKING ANY PRESCRIPTION MEDICATIONS, YOU SHOULD CONSULT A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING CANNABIS. DO NOT OPERATE VEHICLES OR MACHINERY WHILE UNDER THE INFLUENCE OF CANNABIS. IT IS THE SOLE RESPONSIBILITY OF THE THIRD PARTY SITES TO OFFER THEIR SERVICES TO YOU IN A LEGAL AND COMPLIANT MANNER. PINE PARK HAS NO RESPONSIBILITY OR LIABILITY FOR ANY OF THE SERVICES OFFERED BY OR THROUGH THE THIRD PARTY SITES. ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO CANNABIS IS AT YOUR OWN RISK.
ACKNOWLEDGEMENT OF FEDERAL AND STATE LAW: You expressly acknowledge that cannabis products available via the Services are only available to residents of California. Marijuana is included on Schedule 1 under the United States Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana, and that the interstate transportation of marijuana is a federal offense.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY DO NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY SET FORTH IN THESE TERMS.
Who May Use the Services. The Services are intended for a mature audience and not available to minors. Most of the Services are intended solely and only available to individuals who are at least twenty-one (21) years of age, except that individuals who are at least eighteen (18) years of age may purchase apparel via this Pine Park apparel Site www.pineparkgear.com (collectively, “Minimum Age”). You are not permitted to access or use any Services if you are under the age of 18 or if your account has been suspended or removed by Pine Park for any reason. You may be asked to verify that you are over the Minimum Age for your use of the Services. To use the Services, you agree and represent that you: (1) are at least the Minimum Age required for the applicable Service; (2) have the authority to enter into these Terms if you are doing so on behalf of a company or other organization; (3) any person you invite to participate in any of the Services is also of Minimum Age; and (4) you will use the Services in compliance with these Terms and all applicable laws.
Communications. By accessing or using the Services, you consent to receiving certain communications from us electronically. We will communicate with you in a variety of ways, including, without limitation, by e-mail, text, in-app push notices, or by posting notices and messages through any of the Services. Standard text messaging rates will be applied by your mobile device carrier to any text messages sent by us. You will have the option to opt out of receiving text messages by replying “STOP” to any text message sent by us. After requesting to opt out, you may receive text messages from us for just a brief time while your request is processed.
Text messages may be generated by automatic telephone dialing systems and you hereby waive your right to pursue any claims (including any claim that arises while your request to opt out is pending) under the Telephone Consumer Protection Act (“TCPA”). To the extent any claim under the TCPA cannot be waived, by using the Site or Services, you are agreeing that any claim against Pine Park that cannot be waived, but which arises under the TCPA (including any claim that arises while your request to opt out is pending), will be arbitrated on an individual, and not on a class or representative, basis, in accordance with the Governing Law and Arbitration provisions of these Terms.
By providing us with your email address, you agree that we may send you emails concerning our Site and Services, as well information related to third parties. You will have the option to opt out of such emails by following instructions to unsubscribe, which will be included in each email.
Access to Services. Conditioned upon your compliance with Terms, Pine Park grants you a limited, nonexclusive, non-transferable, revocable license to access and use the Services for personal use whether accessed via an Internet browser, smartphone, tablet, or other device, (a) solely in object code form, and (b) solely via a device that meets the minimum technical requirements necessary to run the Services (as determined by Pine Park). No other rights or licenses are granted or implied. You may not use the Services to (i) share your user name or password for the Services with any other individual or allow any third party to access or use the Services, (ii) sell, resell, license, sublicense, distribute, rent, or lease the Services, include the Services in a service bureau or outsourcing offering, or otherwise access or use the Services other than as expressly permitted hereunder, (iii) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or other rights, (iv) use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs, and Trojan horses, (v) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, (vi) attempt to gain unauthorized access to the Services or its related systems or networks, (g) copy the Services or any part, feature, function or user interface thereof, (vii) modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of the Services, (viii) access the Services in order to build a competitive product or service, or for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes, (ix) “harvest” or collect information from the Services (including information about other users of the Services or offerings, products or services available on the Services) using an automated software tool or manually on a mass basis, (x) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or any component thereof, in whole or in part, except as and only to the extent such restriction is permitted by any applicable federal, state, or local laws, codes, rules, regulations, or orders of any governmental authority (“Law”), (xi) integrate or link to any open source software or freeware with the Services, (xii) remove any proprietary notices, labels or marks from the Services, (xiii) copy, display, reproduce, publish, license, post, transmit, modify, or distribute any information, in whole or in part, from any written guides, training materials, or tutorials provided to you in connection with your use of the Services, (xiv) cache, link unauthorized hypertext to any Site or frame any content available through the Service, or (xv) permit third parties to do any of the foregoing.
Availability of Services. Pine Park will employ reasonable measures to provide you with access to the Services. However, there will be occasions when the Services will be interrupted for maintenance, upgrades, emergency repairs, or due to the failure of telecommunications links or equipment or other circumstances that are beyond Pine Park’s control. You acknowledge and agree that Pine Park has no obligation to provide you with any support or maintenance in connection with the Services.
Registration and Your Account. In order to access certain features of the Services, you are required to register for an account (“Account”) by providing certain information about yourself and following the instructions on the Site. By registering for an Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) keep your Account confidential and not allow others to use your Account – use of your Account by multiple persons is not permitted. You may not have more than one active Account or impersonate anyone else. If any Account or Registration Data does not meet these requirements, or we have reason to believe that the Account or Registration Data is inaccurate, incomplete or otherwise does not meet the requirements of the Terms, Pine Park may suspend or terminate your Account. You represent that you are (x) at least the Minimum Age required to use the applicable Service; (y) of legal age to form a binding contract; and (z) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for maintaining the confidentiality of your Account and password, and for restricting access to your computer. You accept responsibility for all activities that occur under your Account or password. Because of this, we strongly recommend that you exit from your Account at the end of each session. You agree to notify us immediately at email@example.com of any unauthorized use of your Account or any other breach of security. We reserve the right to refuse any Service, terminate Accounts, or remove or edit content in our sole discretion for any reason or no reason.
Your Feedback. If you provide any suggestions, enhancement requests, recommendations, comments or other feedback (“Feedback”) relating to the Services to us, you agree that Pine Park and other authorized entities may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in connection with the Services, other related technologies and/or for any other purpose, on a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual basis. Pine Park will not be obligated to implement any Feedback or correct any defects, bugs or errors in the Services identified in the Feedback or otherwise.
Content. You are responsible for any Content you Post to the Services and all activity that occurs on the Services through your account. “Content” means any and all text, images, photos, audio, video, location data, hyperlinks, programs, and all other forms of data or communication in any media now known or hereafter devised. To “Post” means to post, submit, or transmit to, through, or in connection with any Services. “Your Content” means Content that you Post. “User Content” means Content that users of the Services Post and includes, without limitation, Your Content and Content Posted by other users of the Services. You hereby represent, warrant, and covenant that (a) you have all rights and licenses necessary with respect to your Post and the use of any of Your Content in connection with the Services, (b) your Post and the use of Your Content in connection with the Services will be in compliance with Law, and (c) you will not Post any Content to the Services that is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise violates any third party’s rights, including intellectual property rights and/or privacy rights, or that violates this Agreement. By Posting Your Content you grant Pine Park a royalty-free, transferable, nonexclusive, worldwide right and license to use Your Content in any way necessary to (i) provide the Services to you and other users of the Service (including the right to share Your Content with our service providers, contractors and vendors for purposes of providing the Services); (ii) satisfy any applicable law, regulation, legal process, or governmental request; (iii) enforce the Terms; (iv) detect, prevent, or otherwise address fraud, security, or technical issues; and (v) protect the rights, property or safety of Pine Park, its users, and the public. Pine Park does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any Content Posted by you or other users. However, Pine Park retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move any Posted Content.
Product Purchases, Billing, and Payment. You expressly agree that Pine Park and the third party product providers are authorized to charge you applicable fees and taxes (“Charges”) associated with the Services that you purchase, including fees for products or delivery you order via the Services (collectively, as applicable, a “Purchase”). For certain Purchases, you may be asked to provide a credit card or other payment method accepted by Pine Park or its third party product providers (“Payment Method”). Charges owed depend on the specific type and quantity of products, Services, information, or deliverables (collectively “Products”) ordered and will be identified during the checkout process, and in your receipt. Pine Park uses third party services (such as Shopify) to process Purchases and Payment Methods. Charges are due at the time of Purchase and are not contingent on any events other than the receipt of the ordered Products. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts charged and paid for by you. You must resolve any Payment Method problems before proceeding with your Purchase. If a Charge is not successfully settled and you do not edit your Payment Method information or cancel your Purchase, you remain responsible for any uncollected amounts and authorize Pine Park and the third party product providers to continue billing the Payment Method, as it may be updated. When ordering Products or using our Services, you must provide accurate and complete information as requested in order for us to process your transaction. It is your responsibility to promptly provide any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Pine Park and the third party product providers may immediately cease to provide any and all Products to you if your Payment Method is not current.
All prices specified in descriptions of the Products are recommended retail prices. Prices are current at the time of publication and are subject to change without notice. All pricing is in United States dollars.
Pine Park Loyalty Program
The Pine Park Loyalty Program (“Loyalty Program”) offers our loyal customers exclusive discounts and free merchandise. Our Loyalty Program operates under the Program Rules as set forth below. Here is how it works:
Membership in the Loyalty Program is free and available to any individual who possesses the legal authority to agree to the Program Rules (see below).
It is simple to enroll. You automatically join the Loyalty Program when you open an Account.
The Pine Park Loyalty Program is based on points. Loyalty Members earn points based on the dollars they spend for Pine Park cannabis goods. For each dollar spent on Pine Park cannabis goods you will earn one (1) point ($1.00 spent earns 1 point). Loyalty Members can also earn points for referring friends, following us on social media, and by other actions we will announce from time to time. You can redeem these points for discounted Pine Park cannabis goods and free merchandise. Unfortunately, California cannabis regulations require us to charge taxes for cannabis goods, even on rewards.
Once enrolled, Pine Park will send you an email within seven (7) days of delivery of your purchase to confirm the number of Rewards points that you earned.
Accruing Points. Points accrue at the rate of one point for each one dollar ($1.00) spent on Pine Park cannabis goods. The amount spent does not include taxes, shipping and handling, or delivery fees. The amount spent does not include the portion of a purchase paid with previously accrued points. Points are automatically added to your Account within seven (7) days of delivery of your purchase. You can view and track your points anytime by logging into your Account.
Spending Points. Every Point are redeemable for Pine Park cannabis goods and merchandise. For every 1000 loyalty points you will receive a $100 credit to be redeemed for a specially discounted product for Loyalty Members only.
Points Do Not Have Cash Value. Loyalty Program points accumulated are promotional and have no cash value. Points may not be sold, transferred or assigned. Pine Park will not cash out points. Points may be voided at any time, at the sole discretion of Pine Park. By participating in the Pine Park Loyalty Program you acknowledge that you have no property interest in any points that have accrued to your account.
Rewards Help. If you have questions about your points or our Loyalty Program, email us at firstname.lastname@example.org . Please provide your name, email address, and phone number if you provided one when signing up.
Pine Park Loyalty Program Rules
- You have read and accepted the Loyalty Program Rules incorporated into these Terms; and
All Loyalty Program benefits, offers, and awards are subject to availability and may be changed, terminated, or suspended by us at any time without notice. At our sole discretion, we may choose to substitute a similar loyalty program for the Loyalty Program at any time. If the Loyalty Program is terminated, all unredeemed Points will be forfeited without any obligation or liability. Except as otherwise expressly prohibited or limited by applicable laws, we may at any time amend, modify, or supplement these Loyalty Program rules, including the structure for earning points and awards, with or without notice.
Pine Park reserves the right to suspend and/or terminate your Account and/or your participation in the Loyalty Program, without notice to you, if Pine Park determines, in its sole discretion, that you have violated these Terms or that your use of your Account is unauthorized, deceptive, fraudulent, or otherwise unlawful. Pine Park may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. If your participation in the Loyalty Program is terminated, all accumulated points in your Account are void.
Loyalty Members are responsible for remaining knowledgeable of the Program Rules and any changes to the Program Rules. Any changes or modifications will be effective immediately upon posting the revisions to –www.pineparkhq.com, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued participation in the Loyalty Program will constitute your acceptance of any such Program Rule changes.
Refunds and Exchanges. All sales of cannabis products are final, non-cancelable, and non-refundable. Apparel purchased via the Services may be exchanged or returned for a full refund within 30 days of delivery provided they remain in their original and perfect saleable condition and subject to this refund policy. Any refund will be issued to the same Payment Method used to make your apparel purchase following our receipt of the item being returned. We will not honor exchange or refund requests related to apparel products that are damaged, delayed, or incorrect. To receive an exchange or refund, you must email us at: email@example.com and include the following information:
-Your full name and email (as contained in your Account)
-The date of delivery
-Name and quantity of the product for which a refund is requested
-Reason for requesting the exchange or refund.
We reserve the right to refuse any exchange or refund request if you do not make it within 30 days of delivery or if we determine, in our sole discretion, that the request may be a violation of these Terms.
Ownership Rights. As between you and Pine Park, all title and intellectual property rights in and to the Services are owned exclusively by Pine Park. You are a user of the Services; the Services are not sold to you. No title to or ownership of the Services, or any proprietary rights related to the Services, are transferred under or by virtue of your use or these Terms. Pine Park reserves all rights in and to the Services. Further, these Terms do not authorize you to use any name, trademark or logo of Pine Park. The Services are protected by copyright laws and treaties, as well as Laws related to other forms of intellectual property rights. Except as otherwise noted, all Content Posted by or for Pine Park is:
Copyright © 2021 Pine Park. All Rights Reserved.
THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THE SERVICES IS A VIOLATION OF LAW.
Device Requirements. You may only use the Services on devices that you own or control and that are free of all potential malware. Devices that have been “jail broken” may not be used. When remotely accessing the Services, you must do so using a vetted, known wireless connection. If that is not available, the devices must exclusively use cellular networks. You may not access the Services using unknown, unsecured wireless access points.
Third Party Sites & Services. Pine Park relies on third party product providers, technology vendors and hosting partners to provide you with the necessary hardware, software, networking, storage, and related technology required to process and run the Services. You may also purchase Products from third party product providers or otherwise utilize third parties facilitating their business through the Services. The Services may include links to other websites and applications (“third party sites”) that we hope you will find helpful. You are responsible for deciding if you want to purchase any Products from third party product providers or access or use any third party sites that link from the Services. If you allow a third party site to authenticate you or connect with you through the Services, that third party site may be able to access information on the Services that’s related to you. You agree and acknowledge that Pine Park is not a party to any transaction you enter into with any third-party product provider. Third party providers and third party sites have their own legal terms and privacy policies, and you may be giving others permission to use your personal information in ways that we would not use it. All transactions and activities with a third party product provider or through a third party site are solely between you and the applicable third party. We do not control and are not responsible for such activities in any way – use these at your own risk. You release us from any liability arising from your transaction with any third party product provider or use of third-party sites.
Term And Termination. Subject to this section, these Terms will remain in full force and effect while you use the Services. You may terminate your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. Neither Pine Park nor its suppliers or licensors will have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of data to the extent permissible by Law. You acknowledge that if you breach these Terms, we may have no adequate remedy at law, will suffer irreparable harm as a result of such a breach, and therefore will be entitled to injunctive relief without the obligation of posting a bond. Upon the termination of these Terms for any reason, each party will be released from all obligations to the other arising after the date of expiration or termination, except that provisions which by their nature should survive termination will survive, including payment obligations, use restrictions, indemnity obligations, warranty disclaimers, and limitations of liability.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. Pine Park EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PINE PARK DOES NOT WARRANT THAT THE SERVICES WILL PERFORM ERROR-FREE OR WITHOUT INTERRUPTION; MEET ANY PERFORMANCE OR RELIABILITY STANDARDS; BE FREE FROM BUGS, VIRUSES, HARMFUL CODE, ERRORS, OR OTHER PROGRAM OR SYSTEM LIMITATIONS (OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED); MEET YOUR REQUIREMENTS; ACHIEVE ANY INTENDED RESULTS; OR BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES. PINE PARK HAS NO RESPONSIBILITY OR LIABILITY TO YOU FOR DOWNTIME OF THE SERVICE, ANY BREACH OF DATA SECURITY, OR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM USE OF THE SERVICE, FAILURE OF THE SERVICE, OR OTHERWISE RELATING TO THE SERVICE.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Pine Park IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES HOWEVER CAUSED, INCLUDING DAMAGES FOR COMPUTER MALFUNCTION, LOST PROFITS, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, AND/OR THE COST TO OBTAIN SUBSTITUTE SOFTWARE OR SERVICES ARISING IN ANY WAY OUT OF THESE TERMS OR THE USE OF (OR INABILITY TO USE) THE SERVICES, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF Pine Park WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Pine Park’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT ACTUALLY PAID TO Pine Park FOR YOUR USE OF THE SERVICES DURING THE MONTH PRECEDING THE DATE THE CLAIM AROSE. THE ABOVE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS OR ANY ORDER MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Indemnification. You agree to indemnify, hold harmless and defend Pine Park, including its licensees and its and their subsidiaries, affiliates, officers, directors, agents, employees, contractors, successors and assigns, from and against any and all claims, actions, demands, costs, expenses, liabilities, loss, fines, penalties, judgments, settlements, and damages, including attorneys’ fees related to or in connection with any and all third party claims arising out of (a) your use of the Services, (b) violation of the terms of these Terms, or (c) any breach of any third party right, including without limitation, an allegation that any Content or Feedback or the use thereof in connection with the Services and/or other subject matter of these Terms infringes, misappropriates or otherwise violates a third party’s intellectual property rights or violates applicable Law, or (d) an allegation that your use of the Services in violation of these Terms infringes, misappropriates or otherwise violates a third party’s intellectual property rights or other rights, or violates applicable Law.
Governing Law; Waiver Of Jury Trial. These Terms, as well as any dispute or claim arising out of or related to these Terms, its subject matter, or its formation (in each case, including non-contractual disputes or claims) is governed by and shall be construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule. The United Nations Convention on the International Sales of Goods does not apply to this Agreement.
Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Pine Park and limits the manner in which you can seek relief from us.
Small Claims Court. You agree that any dispute or claim relating in any way to your access or use of any Site or Service, or to any aspect of your relationship with Pine Park, will be resolved by binding arbitration (as described below), rather than in court, except that (1) you may assert claims in small claims court located in Los Angeles County, California if your claims qualify; and (2) Pine Park may seek equitable relief or other appropriate relief in any court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) and you consent to exclusive jurisdiction and venue in such courts. You acknowledge that any use of the Services contrary to these Terms, or any transfer, sublicensing, copying, or disclosure of Content or other materials related to the Services, may cause irreparable injury to Pine Park. This Arbitration Agreement applies, without limitation, to all claims that arose or were asserted before the effective date of these Terms, including prior versions of these Terms. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT OTHER THAN A SMALL CLAIMS COURT. If you elect to file a small claims court action or to seek arbitration, you must first send a written notice of your claim to Pine Park by Certified Mail and allow fifteen (15) days for us to respond before filing your claim. This notice must be addressed to: Agent for Service of Process at: 701 Ocean Front Walk #4, Venice, CA 90291.
Arbitration. Notwithstanding the Governing law section above, the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us addressed to 4055 Redwood Ave, #420, Los Angeles, CA 90066. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider in the County of Los Angeles, CA, by telephone or a mutually agreed location. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to the JAMS most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. The JAMS rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Pine Park will pay them for you. In addition, Pine Park will reimburse all such JAMS filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Pine Park. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND Pine Park HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Pine Park are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in Los Angeles, CA. All other claims shall be arbitrated.
Complete Agreement. These Terms constitute the entire agreement binding you and Pine Park with respect to your use of the Services, and supersede all prior or contemporaneous understandings, whether written or oral, regarding such subject matter.
Miscellaneous. Any remedy of Pine Parkset forth in these Terms is in addition to any other remedy afforded to Pine Park under applicable Law or otherwise. Pine Park’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held to be unenforceable, then that provision is to be construed either by modifying it to the minimum extent necessary to make it enforceable (if permitted by Law) or disregarding it (if not). If an unenforceable provision is modified or disregarded in accordance with this Section, the rest of the Terms is to remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable. You may not assign or otherwise transfer any of your rights or obligations under these Terms without Pine Park’s prior written consent. Any purported assignment in violation of this Section shall be void. Pine Park may freely assign or otherwise transfer its rights or obligations under these Terms. These Terms shall apply to and be binding upon the approved successors and permitted assigns of the parties hereto. The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Pine Park. For all purposes of these Terms, the words “including” and “includes” mean inclusion without limitation.
Notices. All notices, requests, approvals, and other communications required or permitted to be given by you hereunder must be in writing, delivered by personal delivery, nationally recognized overnight courier, by certified or registered mail, return receipt requested or by email and will be deemed given upon personal delivery, one business day after deposit with a nationally recognized overnight courier, five days after deposit in the mail, or on the date sent by email with confirmation of transmission, if sent during normal business hours of Pine Park, and on the next business day, if sent after normal business hours of Pine Park. Notices will be sent to the addresses set forth at the address indicated in the preamble above or such other address as Pine Park may specify in writing pursuant to this Section.
Contacting Us. Questions regarding the Services or these Terms should be directed as follows: firstname.lastname@example.org