PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.Privacy Policy
COPYRIGHT
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.hemplandusa.com. The collective work includes works that are licensed to www.hemplandusa.com. Copyright 2014, www.hemplandusa.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.hemplandusa.com or purchasing www.hemplandusa.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.hemplandusa.com or to purchase www.hemplandusa.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.hemplandusa.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TRADEMARKS
All trademarks, service marks and trade names of www.hemplandusa.com used in the site are trademarks or registered trademarks of www.hemplandusa.com
WARRENTY DISCLAIMER
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.hemplandusa.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.hemplandusa.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.hemplandusa.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
www.hemplandusa.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.hemplandusa.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TYPOGRAPHICAL ERRORS
In the event that a www.hemplandusa.com product is mistakenly listed at an incorrect price, www.hemplandusa.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.hemplandusa.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.hemplandusa.com shall issue a credit to your credit card account in the amount of the incorrect price.
TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.hemplandusa.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NOTICE
www.hemplandusa.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.hemplandusa.com.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.hemplandusa.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.hemplandusa.com products) must be commenced within one (1) year after the claim or cause of action arises. www.hemplandusa.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.hemplandusa.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.hemplandusa.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
PARTICIPATION DISCLAIMER
www.hemplandusa.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.hemplandusa.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.hemplandusa.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.hemplandusa.com in its sole discretion.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless www.hemplandusa.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, www.hemplandusa.com may link to sites operated by third parties. However, even if the third party is affiliated with www.hemplandusa.com, www.hemplandusa.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.hemplandusa.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.hemplandusa.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).|
CANNABLISS CLUB TERMS AND CONDITIONS
The CannaBliss Club (the “Program,” the “Rewards Program” or “CannaBliss Club”) is offered exclusively by HempLand USA (“HL”). All HL customers, who are18 years or older, are automatically enrolled when they create an HL Customer Account atwww.hemplandusa.com. HL offers rewards as points that can be redeemed in the future for discounts on purchases of HL products. These Terms and Conditions regulate and govern the HL CannaBliss Club program and HL’s relationship with the members of the Program (“Members,” “Member,” or “You”). These Terms and Conditions apply universally to the Rewards Program and supersede all previous rules, terms, and/or conditions. By participating in the Rewards Program, including but not limited to the purchase of HL products or the use of the points or benefits in the Rewards Program, you acknowledge that you have read, understood, and accepted these Terms and Conditions and that you agree to be bound thereby.
Eligibility
HL customers 18 years and over may be eligible to participate in theRewards Program. If eligible, all customers are automatically enrolled into the Rewards Program upon creating an HL customer account atwww.hemplandusa.com. Purchase is not necessary to enroll in the Rewards Program.
Rewards Program Launch Date
The Rewards Program launched on August23, 2019. Subsequent purchases of HL products allow Members to accumulate Reward Program points consistent with the Terms and Conditions and any rules promulgated by HL.
Program Status Levels and Benefits
The Rewards Program consists of a basic membership named the CannaBliss Club. All customers that create an account with HL atwww.hemplandusa.com are automatically enrolled into the CannaBliss Club as a participating member. The accumulation of points is subject to rules as set by HL. The rules set forth by HL regarding the accumulation of points is as follows: For every $1 USD a participating member of the CannaBliss Club spends on products purchased atwww.hemplandusa.com, they will earn 1 CBDollar (point). This equates to 2% cash back on all purchases made at www.hemplandusa.com, which is redeemable in the form of cash discounts off of future product purchases once a certain point level (tier) is reached. Each Member is responsible for reading any rules, newsletters, account statements, terms, and/or conditions in order to understand his or her rights, responsibilities, and status in the Rewards Program, as well as the structure for earning rewards. The rewards structure is subject to modification, cancellation, or limitation at HL’s discretion, with or without notice. The number of points required to redeem any reward may be substantially increased, any reward may be withdrawn, and restrictions on any reward or redemption may be imposed at any time.
Program Points Accrual
Subject to HL’s right to amend these Terms and Conditions in its sole discretion. Enrollment in the CannaBliss Club Rewards Program allows the member to earn 1 CBDollar (point) for every $1 spent on HL products at www.hemplandusa.com. Additional points will be accrued (but are not limited to) the following ways: (1) When a HL customer signs up for the CannaBliss Club Rewards Program at www.hemplandusa.com they will earn 50 CBDollars (points) ($1 value) for signing up. (2) When upon signing up for the program atwww.hemplandusa.com and agreement of the program’s Term and Conditions, the member shall submit the month and date of their birth during the sign-up process to accrue 50 CBDollars (points) ($1 value)on the day and month of their birth, and every subsequent year, for as long as customer is enrolled in program. Submitting birthday during the sign-up process is optional. If member foregoes inputting birthday, then birthday points will be forfeited. Program participant must have enrolled in program at least 30 days before birthday in order to receive points. (3) When a participating program member “shares” the CannaBliss Club on www.facebook.com by clicking on the “Share onFacebook” link in program dashboard onwww.hemplandusa.com, they will receive 25 CBDollars ($0.50 value). (4) When a participating program member “shares” the CannaBliss Club onwww.instagram.com by clicking on the “Share on Instagram” link in program dashboard on www.hemplandusa.com, they will receive 25 CBDollars ($0.50 value). (5) When a participating program member “shares” the CannaBliss Club on www.twitter.com by clicking on the “Share on Twitter” link in program dashboard on www.hemplandusa.com, they will receive 25 CBDollars ($0.50 value). Benefits are subject to change with or without notice. Benefits are only those listed on the website at any given time.
Bonus Point Events
From time to time, bonus point opportunities may be made available. Bonus point opportunities cannot be combined in a single day. HL reserves the right to end or restrict the use of bonus points.
Referral Program
To participate in the HL Referral Program, member must be enrolled in the CannaBliss Club program as part of the Terms and Conditions. Participants of Program will be granted a unique referral link located within their program dashboard at www.hemplandusa.com. Members may distribute this link to friends, family, and associates to refer them to make a purchase on the HL online store using the referral link provided. If the third-party referral uses the link and completes a purchase on www.hemplandusa.com, the referral will receive $10 off their first purchase. The cash discount is valid only for first-time customers. The referring member will receive 500 CBDollars (points) ($10 value)upon 14 days after the referral has completed their first purchase using the referral link. Program participant has an unlimited amount of referrals. Referral Program rules are subject to change with or without notice. Referral Program benefits are only those listed on the website at any given time.
Rewards Program Launch Date
The Referral Program launched on August23, 2019. Subsequent purchases of HL products allow Members to accumulate Reward Program points consistent with the Terms and Conditions and any rules promulgated by HL. Purchases made before this date do not earn points.
Referral Program Limited Time Bonus Promotion
Upon the launch of the CannaBliss Club and Referral Program, a special introductory promotion will be valid from August 23, 2019 through September 22, 2019. Special offer includes a promotional window in which participating members can earn increased points. Participants of Program will be granted a unique referral link located within their program dashboard at www.hemplandusa.com. Members may distribute this link to friends, family, and associates to refer them to make a purchase on the HL online store using the referral link provided. If the third-party referral uses the link and completes a purchase on www.hemplandusa.com, the referral will receive $10 off their first purchase. The cash discount is valid only for first-time customers. The referring member will receive promotional bonus points in the amount of 1,000 CBDollars (points) ($20 value) upon 14 days after the referral has completed their first purchase using the referral link. Program participant has an unlimited amount of referrals. Referral Program promotional bonus rules are subject to change with or without notice. Referral Program benefits are only those listed on the website at any given time or as stated herein.
Expiration of Points
Members are subject to HL’s rights of termination and modification. Program points do not expire.
Forfeit of Points
All accumulated and unused points will be forfeited if you close your member account within the Program. Program points are non-transferable.
Account Information
You may view your program information including your program level, by clicking on the pop-up icon located in the bottom right-hand side of the web page at www.hemplandusa.com.You must be logged into account in order to view points and program information. If you have any additional questions about this program, or how to locate your program level, you may contact customer service at 1-888-626-4367, or email us at info@hemplandusa.com.
Program Abuse
Forms of abuse to the Program include, but are not limited to, the following: failure to follow the Terms and Conditions or any other rules set byHL; any fraudulent activity such as using bots to automate points; use of the Program to purchase products for resale, fraudulent referrals, or other activities deemed by HL to violate these Terms and Conditions may, in HL’s sole discretion, result in cancellation of your enrollment in the Rewards Program and any further action we see fit.
Limitations
The Rewards Program may only be used on the HL website toward the purchase of eligible products. Unless required by law, HL points or benefits cannot be resold, redeemed for cash value, or applied to your credit card account or any account other than your HL customer account. Program points apply exclusively to products purchased atwww.hemplandusa.com. Program points do no apply to purchases made by phone or by mail. In order to participate in program, member must have a valid account at www.hemplandusa.com.
Change to and Termination of the Program
HL, in its exclusive discretion, may change, add, or remove any items or aspects of the Program. HL may terminate the Program at any time, with or without notice. You may not alter these Terms and Conditions under any circumstances. If you desire to terminate your program enrollment due to a change of policy, you may do so by contacting HL’s customer service team at 1-888-626-4367 or sending an email to info@hemplandusa.com.
Acknowledgment
All items and policies referenced in these Terms and Conditions represent the sound understanding between you and HL concerning the Program, and overrules any other agreements, statements or representations. All users of the HL website have accepted the Terms and Conditions set forth herein.
Customer Care
For additional questions or concerns, you are welcome to call HempLand USA’s customer service team at1-888-626-4367, or by sending an email to info@hemplandusa.com.
Tax Liability
Rewards Program points and rewards earned through participating in the Program may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or sue of the Rewards Program points or rewards is the sole responsibility of the Member.
Program Membership
HL reserves the right to reject applications for membership; to revoke, cancel, or suspend any Program membership, reward, and/or any and all unredeemed points; or take other actions at its discretion, at any time, with immediate effect and without written notice or liability to any Member, if HL believes: a) the Member has (1) violated any of the Terms and Conditions or rules, (2) failed to pay any bills or accounts due to HL, (3) acted in a manner inconsistent with applicable law, regulations, or ordinances, (4) engaged in any misconduct or wrongdoing in connection with the Program, or (5) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Program, HL, or HL’s employees; or b) HL’s provision of the Program and/or any associated benefits to Member may violate any applicable laws to which HL is subject from time to time.
Reservation of Rights
Nothing in these Terms and Conditions will limit HL from exercising any legal rights or remedies that it may have.
Void Where Prohibited
Membership in the Program, the awarding of points, and the redemption of any rewards are automatically void where prohibited by applicable law.
Interpretation of Rules
HL has the sole discretion to interpret and apply these Terms and Conditions, and any rules promulgated in relation to the Program, and all questions or disputes regarding them will be resolved by HL in its sole discretion.
General
Headings are for reference purposes only and do not limit the scope or extent of such section. These terms and conditions and the relationship between you and HL will be governed by the laws of the State of California without regard to any conflict of law provisions. You and HL agree to submit to the personal jurisdiction of the federal and state courts located in the State of California with respect to any legal proceedings that may arise in connection with these Terms and Conditions. The failure of HL to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign your Rewards Program status or points to any other party.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
HempLand® USA (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the“Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive auto dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system(“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL,UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees)and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of CBD and other hemp-related products.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@hemplandusa.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own,capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion,
nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act
(“HIPAA”) or the Health Information Technology for Economic and Clinical Health
Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and 317 LABS, INC. or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination,enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Signal Hill, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”)then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which HempLand® USA’s principle place of business is located, without regard to its conflict of laws rules.Within ten (10) calendar days after the arbitration demand is served upon a party,the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required bylaw, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. 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 this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features,changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
