(“you”) and Availobal.com, doing business as Availobal (“Availobal”, “we”, “us”, or “our”), concerning your access to and
use of the Availobal.com website as well as any other media form, media channel, mobile website or mobile application related,
linked, or otherwise connected thereto (collectively, the “Site”). The Site provides an online marketplace for the
goods, products, and services being offered on this site which may be added to or removed at any time at our sole discretion. (the “Marketplace Offerings”). In
order to help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users are required to
USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms
of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms
of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or regulation or which would subject us to any registration
requirements within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations
do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register
for the Site or use the Marketplace Offerings.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property, and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the
“Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair
competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are
part of the Site or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for
any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or
print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site or the Marketplace Offerings, you represent and warrant that: (1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such
you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site or the Marketplace Offerings
through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal
or unauthorized purpose; and (7) your use of the Site or the Marketplace Offerings will not violate any applicable law or
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose nor may you, in the use of
Marketplace Offerings violate any laws. Among unauthorized Marketplace Offerings are the following: intoxicants of any sort;
illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content,
images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your
account and a lifetime ban from use of the Site.
We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability,
prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or
offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations
to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained
within the Site’s content. We do not endorse or recommend any Marketplace Offerings and the Site is provided for informational
and advertising purposes only.
You may be required to register with the Site in order to access the Marketplace Offerings. You agree to keep your password
confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or
We make every effort to display as accurately as possible the colors, features, specifications, and details of the Marketplace
Offerings available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the
Marketplace Offerings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may
not accurately reflect the actual colors and details of the products. All Marketplace Offerings are subject to availability,
and we cannot guarantee that Marketplace Offerings will be in stock. Certain Marketplace Offerings may be available exclusively
online through the Site. Such Marketplace Offerings may have limited quantities and are subject to return or exchange only
according to our Return Policy.
We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or
pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole discretion. We reserve the
right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the
Marketplace Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.
PURCHASES AND PAYMENT
We accept the following forms of payment:
– Direct Deposit
You agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace
Offerings made via the Site. You further agree to promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales
tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be
in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you
authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to
recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior
approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any
errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
All sales are final and no refund will be issued.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be
used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
5. Engage in unauthorized framing of or linking to the Site.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining,
robots, or similar data gathering and extraction tools.
8. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
9. Attempt to impersonate another user or person or use the username of another user.
10. Sell or otherwise transfer your profile.
11. Use any information obtained from the Site in order to harass, abuse, or harm another person.
12. Use the Marketplace Offerings as part of any effort to compete with us or otherwise use the Site and/or the Content for
any revenue-generating endeavor or commercial enterprise.
13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the
14. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace
Offerings to you.
16. Delete the copyright or other proprietary rights notice from any Content.
18. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive
use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use
and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Marketplace Offerings.
19. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information
collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels,
web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
20. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the
Site, or using or launching any unauthorized script or other software.
21. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
22. Use the Site in a manner inconsistent with any applicable laws or regulations.
23. Use the Site to advertise or offer to sell goods and services.
24. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As
such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available
any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of
your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to
authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters,
spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or
exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect
the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual
preference, or physical handicap.
any applicable law or regulation.
among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account
from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have
the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising,
or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for
your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-
categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any
Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your
reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting
negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review
or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify,
translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
If you access the Marketplace Offerings via a mobile application, then we grant you a revocable, non-exclusive, non-
transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by
you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this
attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any
notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue
generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended; (6) make the application
available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use
the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a
substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited
commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the
design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App
Distributor”) to access the Marketplace Offerings: (1) the license granted to you for our mobile application is limited to a
non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are
responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms
law and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services
with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies,
may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law,
the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent
and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated
by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of
prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile
application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement
when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of
have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service
providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information
through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your
Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of
the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees
or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By
granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that
it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit
to and receive from your Third-Party Account additional information to the extent you are notified when you link your account
with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you
have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be
available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes
unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network
Content may no longer be available on and through the Site. You will have the ability to disable the connection between your
account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may
access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or
tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the
Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact
information below or through your account settings (if applicable). We will attempt to delete any information stored on our
servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site
or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We
shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to
you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original
with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged
or actual infringement or misappropriation of any proprietary right in your Submissions.
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar
advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements
you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an
advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including,
but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to
place such advertisements, and we have no other relationship with advertisers.
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or
any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or
otherwise, disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5)
otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of
the Site and the Marketplace Offerings.
Please be advised the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the
Marketplace Offerings from the European Union, Asia, or any other region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued
use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred
to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or
knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive
actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable
parental consent, we will delete that information from the Site as quickly as is reasonably practical.
TERM AND TERMINATION
SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or
discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings
at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or
maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection
laws of the State of California applicable to agreements made and to be entirely performed within the State of California,
without regard to its conflict of law principles.
“Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the
“Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice
from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly
excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons
unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator
fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place
in United States County, California. Except as otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the
state and federal courts located in California County, California, and the Parties hereby consent to and waive all defenses of
lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal
courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after
the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall
be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and
binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the
Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior
THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND
OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME
NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT
OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $49.00 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the
rights; or (6) any overt harmful act toward any other user of the Site or the Marketplace Offerings with whom you connected via
the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace
Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of
data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the
Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive
electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision
extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any
remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a
against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of
In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use
of the Site or the Marketplace Offerings, please contact us at:
9038 Wilshire Blvd.
Beverly Hills, CA 90211
Phone: (310) 276-3400