CANNACOPIA™ TERMS OF SERVICE
Welcome to Cannacopia. We at Nature’s Dream™ Inc, publishers of Cannacopia, are glad you’re here and hope you return often.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
Cannacopia Does Not Provide Medical Advice
The contents of the Cannacopia App and App (“App”), such as text, graphics, images, information obtained from Cannacopia, and other material contained on the Cannacopia App ("Content"), including those contributed by Cannacopia’ users, are for informational purposes only. The Content is not intended to be a substitute for professional consultations from medical professionals. We recommend that you seek the advice of a medical professional or other qualified provider with any questions you may have regarding your medical conditions and treatment of them by using cannabis products. Do not ignore professional advice or delay in seeking it because of something you have read on Cannacopia.
Use of Cannabis
Nature’s Dream does not encourage or endorse the use of cannabis where such use is deemed illegal in the State or Country in which you reside. Currently, several States and the District of Columbia in the USA and other Countries have enacted laws to make the of use of cannabis legal, either for medical uses with a doctor’s recommendation and/or for recreational use where no such doctor’s recommendation is needed. Most States and Countries restrict the use of cannabis by anyone under the age of 18, unless as provided by specific statues in each State’s or Country’s laws. For a list of which States have legalized cannabis in one form or another, please visit NORML
If you live in a State or Country where the use of Cannabis is not legal, or you do not have a legal right to use Cannabis, only use the Cannacopia App for information purposes.
User posts and comments are based on the opinions of the author, and not necessarily those of Cannacopia or Nature’s Dream. Cannacopia nor Nature’s Dream does not recommend or endorse any specific products, recommendations, opinions, or other information that may be mentioned on the Cannacopia. Reliance on any information provided by Cannacopia, Nature’s Dream employees, others appearing on the App at the invitation of Cannacopia, or other visitors to the App is solely at your own risk.
1. Your relationship with Cannacopia.
1.1 Your use of Cannacopia’ products, software, service and web App (referred to collectively as "Cannacopia") is subject to the terms of a legal agreement between you and Nature’s Dream Inc, the owner of Cannacopia. "Nature’s Dream" means Nature’s Dream Inc, whose principal place of business is at 546 Spring Street, Los Angeles, CA 90013, USA. This document explains the agreement, and sets out the terms of that agreement. Collectively, this legal agreement is referred to below as the “Terms”.
2. Acceptance of Terms
2.1 To use Cannacopia, you must first agree to the Terms. You cannot use Cannacopia if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) Clicking to accept or agree to the Terms, where this option is available to you in the user interface for Cannacopia; or (B) By actually using Cannacopia. In this case, you agree that Nature’s Dream will treat your use of Cannacopia as acceptance of the Terms by you.
2.3 You may not use Cannacopia and may not accept the Terms if (a) you are not of legal age (18 years of age or older) to form a binding contract with Nature’s Dream, or (b) you are a person barred from receiving Cannacopia under the laws of the United States or other countries including the country in which you are resident or from which you use Cannacopia.
2.4 If you are not yet 18 years old or do not agree to these Terms, please discontinue using Cannacopia immediately. By using or attempting to use Cannacopia, you certify that you are at least 18 years of age and meet any other eligibility requirements of Cannacopia.
2.5 We advise you to print or save a local copy of these Terms for your reference.
3. Language of the Terms
3.1 If Nature’s Dream provides you a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language version(s) of the Terms will govern your relationship with Nature’s Dream.
3.2 If there is any contradiction between what the English language version of the Terms and that of a translation, then the English language version takes precedence.
4. Provision of Cannacopia
4.1 You agree that Cannacopia provided by Nature’s Dream may change from time to time without prior notice to you.
4.2 You acknowledge and agree that Nature’s Dream may permanently or temporarily stop providing Cannacopia, or any features within Cannacopia, to you or to users generally at our sole discretion, without prior notice to you. You may stop using Cannacopia at any time. You do not need to specifically inform us when you stop using Cannacopia.
4.3 You acknowledge and agree that if Nature’s Dream disables access to your account, you may be prevented from accessing Cannacopia, your account details or any files or other content that is contained in your account.
4.4 You acknowledge and agree that Nature’s Dream reserves the right at its sole discretion to set a fixed upper limit on the number of transmissions you may send or receive through Cannacopia or on the amount of storage space used for the provision of Cannacopia, even if no such limits exist today.
5. Use of Cannacopia
5.1 In order to access certain features of Cannacopia, you may be required to provide information about yourself, including such as identification or contact details as part of the registration process for Cannacopia, or as part of your continued use of Cannacopia. You agree to provide Nature’s Dream with accurate, correct and up to date registration information.
5.2 You agree to use Cannacopia only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) Cannacopia by any means other than through the interface that is provided by Nature’s Dream, unless you have been specifically allowed to do so in a separate agreement with Nature’s Dream. You specifically agree not to access (or attempt to access) Cannacopia through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on Cannacopia.
5.4 You agree that you will not engage in any activity that interferes with or disrupts Cannacopia (or the servers and networks which are connected to Cannacopia).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Nature’s Dream, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any information contained within Cannacopia, including any computer code, for any purpose, however you are allowed to share its content through social media links provided from the App. 5.6 You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences, including any loss or damage suffered by Nature’s Dream, of any such breach. You agree that Nature’s Dream has no responsibility to you or to any third party for any breach you cause.
6. Passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access Cannacopia.
6.2 Accordingly, you agree that you will be solely responsible to Nature’s Dream for all activities that occur under your account. 6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Cannacopia immediately via email at Cannacopia@NaturesDreamInc.com
7. Privacy and your personal information
7.2 You agree to the use of your data in accordance with Cannacopia’ privacy policies.
8. Content in Cannacopia
8.1 You understand that all information (such as data, written text, computer software, photographs, videos or other images) which you may have access to as part of, or through your use of, Cannacopia are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
8.2 You should be aware that Content presented to you as part of Cannacopia, including but not limited to advertisements in Cannacopia and sponsored Content within Cannacopia may be protected by copyright, trademark or other intellectual property rights which are owned by the provider of that Content or by other persons or companies on their behalf. Y ou may not copy, modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically authorized in writing to do so by Nature’s Dream or by the owners of that Content.
8.3 Nature’s Dream reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from Cannacopia.
8.4 You understand that by using Cannacopia you may be exposed to Content that you may find offensive, indecent or objectionable and that you use Cannacopia at your own risk.
8.5 You agree that you are solely responsible for any Content that you create, transmit or display while using Cannacopia and for the consequences of your actions (including any loss or damage which Nature’s Dream may suffer) by doing so and that Nature’s Dream has no responsibility to you or to any third party.
8.6 You agree and acknowledge that Nature’s Dream has no control over user-generated content uploaded to Cannacopia.
9. Proprietary rights
9.1 You acknowledge and agree that Nature’s Dream, or Nature’s Dream’s licensors, own all legal right, title and interest in and to Cannacopia, including any intellectual property rights which subsist in Cannacopia (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that Cannacopia may contain information which is designated confidential by Nature’s Dream and that you shall not disclose such information without Nature’s Dream’s prior written consent.
9.2 Unless you have agreed otherwise in writing with Nature’s Dream, nothing in the Terms gives you a right to use any of Nature’s Dream’s trade names, trademarks, Cannacopia marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Nature’s Dream, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms
9.4 Other than the limited license set forth in Section 11, Nature’s Dream acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, Cannacopia, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Nature’s Dream, you agree that you are responsible for protecting and enforcing those rights and that Nature’s Dream has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within Cannacopia.
9.6 Unless you have been expressly authorized to do so in writing by Nature’s Dream, you agree that in using Cannacopia, you will not use any trade mark, Cannacopia mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. Limited License from Nature’s Dream
10.1 Nature’s Dream grants you a limited, non-exclusive, non-transferable, revocable license to use the Cannacopia App and Software (collectively referred to as the "Software" below) for your personal, non-commercial purposes. This license is for the sole purpose of enabling you to use and enjoy the benefit of Cannacopia as provided by Nature’s Dream, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Nature’s Dream, in writing.
10.3 Unless Nature’s Dream has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
10.4 You agree to the further abide by the terms of the Cannacopia End User License Agreement that can be found within the App.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content that you submit, post or display on or through, Cannacopia. By submitting, posting or displaying the content you give Nature’s Dream a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, store and distribute any Content which you submit, post or display on or through, Cannacopia. This license is for the sole purpose of enabling Nature’s Dream to display, distribute and promote Cannacopia.
11.2 You agree that this license includes a right for Nature’s Dream to make such Content available to other companies, organizations or individuals with whom Nature’s Dream has relationships for the provision of or syndication of Cannacopia, and to use such Content in connection with the provision of Cannacopia.
11.3 You understand that Nature’s Dream, in performing the required technical steps to provide Cannacopia to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, Cannacopia or media. You agree that this license shall permit Nature’s Dream to take these actions.
11.4 You confirm and warrant to Nature’s Dream that you have all the rights, power and authority necessary to grant the above license.
12. Software updates
12.1 The Software that you use may automatically download and install updates from time to time from Nature’s Dream. These updates are designed to improve, enhance and further develop Cannacopia and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Nature’s Dream to deliver these to you) as part of your use of Cannacopia.
13. Ending your relationship with Nature’s Dream
13.1 The Terms will continue to apply until terminated by either you or Nature’s Dream as set out below.
13.2 If you want to terminate your legal agreement with Nature’s Dream, you may do so by (a) notifying Nature’s Dream at any time and (b) closing your account for Cannacopia that you use, where Nature’s Dream has made this option available to you. Your notice should be sent, in writing, to Nature’s Dream’s address that is set out at the end of these Terms.
13.3 Nature’s Dream may at any time, terminate its legal agreement with you if:
(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Nature’s Dream is required to do so by law (for example, where the provision of Cannacopia to you is, or becomes, unlawful); or
(C) Nature’s Dream is transitioning to no longer providing Cannacopia to users in the country in which you are resident or from which you use Cannacopia; or
(D) The provision of Cannacopia to you by Nature’s Dream is, in Nature’s Dream’s opinion, no longer commercially viable. (E) The partner with whom Nature’s Dream offered Cannacopia to you has terminated its relationship with Nature’s Dream or ceased to offer Cannacopia to you; or
13.4 Nothing in this Section shall affect Nature’s Dream’s rights regarding provision of Cannacopia under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Nature’s Dream have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT NATURE’S DREAM’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF CANNACOPIA IS AT YOUR SOLE RISK AND THAT CANNACOPIA ARE PROVIDED "AS IS" AND "AS AVAILABLE."
14.3 IN PARTICULAR, NATURE’S DREAM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF CANNACOPIA WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF CANNACOPIA WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF CANNACOPIA WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU, AS PART OF CANNACOPIA WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CANNACOPIA IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NATURE’S DREAM OR THROUGH OR FROM CANNACOPIA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 NATURE’S DREAM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO THE OVERALL PROVISIONS IN SECTION 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NATURE’S DREAM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR CANNACOPIA, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON CANNACOPIA;
(II) ANY CHANGES WHICH NATURE’S DREAM MAY MAKE TO CANNACOPIA, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF CANNACOPIA (OR ANY FEATURES WITHIN CANNACOPIA);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF CANNACOPIA;
(III) YOUR FAILURE TO PROVIDE NATURE’S DREAM WITH ACCURATE ACCOUNT INFORMATION; OR
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON NATURE’S DREAM’S LIABILITY TO YOU IN SECTION 15.1 ABOVE SHALL APPLY WHETHER OR NOT NATURE’S DREAM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and trade mark policies
16.2 All Contents of Cannacopia are: ©2015 Nature’s Dream Inc. All rights reserved. Nature’s Dream is not responsible for content on Sites operated by parties other than Nature’s Dream and not responsible for user-generated content that is uploaded to Cannacopia. Nature’s Dream, the Cannacopia logo and all other products or Cannacopia names or slogans displayed on Cannacopia are registered and/or common law trademarks of Nature’s Dream Inc and / or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Nature’s Dream. In addition, the look and feel of Cannacopia, including all page headers, custom graphics, button icons and scripts, the functionality of its app, is Cannacopia’ mark, trademark, trade dress and/or trade secret of Nature’s Dream and may not be copied, imitated or used, in whole or in part, without the prior written permission of Nature’s Dream. All other trademarks, registered trademarks, product names and company names or logos mentioned in Cannacopia are the property of their respective owners. Reference to any products, Cannacopia, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Nature’s Dream.
17.1 Some of Cannacopia is supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on Cannacopia, queries made through Cannacopia or other information.
17.2 The manner, mode and extent of advertising by Nature’s Dream on Cannacopia are subject to change without specific notice to you.
17.3 In consideration for Nature’s Dream granting you access to and use of Cannacopia, you agree that Nature’s Dream may place such advertising on Cannacopia.
18. Other content
18.1 Cannacopia may include hyperlinks to other content or resources. Nature’s Dream may have no control over any content or resources that are provided by companies or persons other than Nature’s Dream.
18.2 You acknowledge and agree that Nature’s Dream is not responsible for the availability of any such external Apps or resources, and does not endorse any advertising, products or other materials on or available from such web Apps or resources.
18.3 You acknowledge and agree that Nature’s Dream is not liable for any loss or damage which may be incurred by you as a result of the availability of those external Apps or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web Apps or resources.
19. Changes to the Terms
19.1 Nature’s Dream may make changes to these Terms from time to time. When these changes are made, Nature’s Dream will make a new copy of the Terms available through the app.
19.2 You understand and agree that if you use Cannacopia after the date on which the Terms have changed, Nature’s Dream will treat your use as acceptance of the updated Terms.
20. General legal terms
20.1 Sometimes when you use Cannacopia, you may (as a result of, or through your use of Cannacopia) use or download a piece of software, use a service, or purchase goods, which are provided by another person or company. Your use of these other service, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and Nature’s Dream and govern your use of Cannacopia (but excluding any agreements which Nature’s Dream may provide to you under a separate written agreement), and completely replace any prior agreements between you and Nature’s Dream in relation to Cannacopia.
20.3 You agree that Nature’s Dream may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Cannacopia.
20.4 You agree that if Nature’s Dream does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Nature’s Dream has the benefit of under any applicable law), this will not be taken to be a formal waiver of Nature’s Dream’s rights and that those rights or remedies will still be available to Nature’s Dream.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which Nature’s Dream is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.7 These Terms shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of Nevada, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in Section 20.8 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of any Service shall be subject to the exclusive jurisdiction of the state and federal courts located within Clark County, NV, and you agree to submit to the personal jurisdiction and venue of such courts.
20.8. Binding Arbitration.
20.8.1. Arbitration Procedures. You and Nature’s Dream agree that, except as provided in Section 20.8.4 below, all disputes, controversies and claims related to the Terms (each a "Claim"), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 20.8 and the JAMS Rules, the terms in this Section 20.8 will control and prevail.
Except as otherwise set forth in Section 20.8.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and Nature’s Dream may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator's decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND NATURE’S DREAM WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
20.8.2. Location. The arbitration will take place in your hometown area if you so notify Nature’s Dream in your notice of arbitration or within ten (10) days following receipt of Nature’s Dream's arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Las Vegas, NV, unless the parties agree to video, phone and/or internet connection appearances.
20.8.4. Exceptions to Arbitration. You and Nature’s Dream agree that any Claim seeking to enforce or protect, or concerning the validity of, any of your or Nature’s Dream's copyrights, trademarks, or patents and any claim for equitable relief related to such Claims are not subject to the above provisions concerning negotiations and binding arbitration. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.
20.8.3. Limitations. You and Nature’s Dream agree that any arbitration shall be limited to the Claim between Nature’s Dream and you individually. YOU AND NATURE’S DREAM AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
Send all notices to:
548 Spring Street
Los Angeles, CA 90013