PART 1 – TERMS OF SERVICE ACKNOWLEDGMENT
Welcome to The Artist Tree! Your privacy is particularly important to us and something we take seriously. Please read through our terms and conditions of service (“Terms of Service”) before accessing or using our website, which is operated by The Artist Tree and its affiliates (“The Artist Tree”, “Company”, “we”, “us”, and “our”). The Terms of Service is a binding agreement between you and The Artist Tree. The agreement governs your access to The Artist Tree website, products, and any services supplied by us through our website or otherwise (collectively and together with the website, the “Services”). Any new features or information added to our website shall be subject to these Terms of Service. We reserve the right to modify or discontinue our website and services without notice and shall not be liable to you or any third party for any modification, suspension, or discontinuance of our Services. We further reserve all rights not expressly granted to you in the Terms of Service.
By using, accessing, or browsing our website, you agree to be bound by the Terms of Service. If you do not agree to be bound by the entirety of the Terms of Service, you may not access our Services. If you are dissatisfied with our website or with our Terms of Service, your sole remedy is to discontinue using our website. Use of this website by any person where such use would be contrary to law is forbidden.
The Terms of Service and any policies or operating rules posted by us on our website or in respect to our products and services constitutes the entire agreement and understanding between you and The Artist Tree. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of our Services constitutes acceptance of any changes. Ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The Terms of Service shall operate to the fullest extent permissible by law.
There is no joint venture, partnership, employment, or agency relationship created between you and The Artist Tree as a result of these Terms of Service or through the use of our Services. Upon our request, you agree to furnish us with any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. You cannot assign, transfer, or sublicense these Terms of Service without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent.
PART 2 –USER INFORMATION
We collect information about a user’s experiences and preferences related to the purchase or consumption of cannabis. See Privacy Policy.
To use certain features of our website, you must complete a registration process by providing information such as your age, e-mail address, username, and password. You are responsible for ensuring the confidentiality of your username and password. You may not use the account, username, or password of anyone else, nor create duplicate accounts. You must provide accurate information during the registration process and must update the information if it should change. You represent and warrant that you are at least (1) 18 years of age with a valid Medical Marijuana Identification Card or physician’s recommendation or (2) 21 years of age to access our website and products.
We are not liable for any loss because of someone else using your account, username, or password, either with or without your knowledge. You may be held liable for losses incurred by us due to someone else’s use of your account, username, or password. We reserve the right to terminate your registration or to refuse services to you, without prior notice, at any time, and for any reason.
PART 3 – WEBSITE CONTENT
Except as otherwise expressly granted to you in these Terms of Service all content on this website including text, logos, graphics, photographs, images, trademarks, and other is owned by The Artist Tree and is subject to copyright and intellectual property rights. All graphics, logos, names, and designs are registered or common law trademarks and are the exclusive property of The Artist Tree.
Content on the website is for your information and personal use only and may not be used, copied, reproduced, distributed, broadcast, licensed, or otherwise exploited for any commercial purpose without the express permission of The Artist Tree.
Content is provided for general information use only and should not be relied upon. Any reliance on content is at your own risk. We are not responsible if content is not accurate, complete, or current, and we reserve the right to modify the content at any time. We make no promise that the Services will meet your requirements, and we cannot guarantee that the Services will be fault free. If a fault occurs in our Services, please report it to us via email at [email protected].
PART 4 – THIRD-PARTY LINKS
We may provide links to third party websites or services for you to access. The third-party links may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. We are not liable or responsible for any third-party materials or websites or for any harm or damages related to the purchase or use of goods, services, content, or any other transactions made in connection with any third-party websites. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.
PART 5 – USER CONTENT, COMMENTS AND FEEDBACK
All comments, feedback, suggestions, and ideas submitted or offered to The Artist Tree via our website shall be our property. We take no responsibility and assume no liability for content posted by you or any third party, and we make no representations regarding the truthfulness of such content.
You warrant that, by posting content, you own the rights to the content and are authorized to post, distribute, and display such content. You agree that we may publish or disclose your name in connection with such content, and that such content does not violate the rights of any third party. You further agree that no content submitted by you to our website is libelous, unlawful, abusive, obscene, or contains any computer virus that could affect the operations of our website.
The Artist Tree will not tolerate certain social media conduct by users of our Services whether indirectly or directly targeting or relating to The Artist Tree, its members, officers, directors, employees, personnel, or agents. In the event you engage in any prohibited conduct The Artist Tree reserves its full legal rights to pursue legal damages against you.
We may, but have no obligation to, monitor, edit or remove content that we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of our Terms of Service.
PART 6 – NOTIFICATIONS, TEXT MESSAGES, AND EMAILS
If you create an account and provide us with your cell phone number, you agree and consent to receive certain text messages from us regarding our website, products, and services. These text messages may relate to the website’s operations or include promotional messages. Standard text messaging rates will be applied by your mobile device carrier to any text messages sent by us. You will have the option to opt out of receiving text messages by replying “STOP.”
Text messages may be generated by automatic telephone dialing systems. You hereby waive your right to pursue all claims under the Telephone Consumer Protection Act (“TCPA”). To the extent any claim cannot be waived, you agree that any claim against The Artist Tree shall be arbitrated on an individual rather than a class action basis and in accordance with the Governing Law and Arbitration provisions of these Terms of Service.
By providing us with your email address, you agree that we may send you emails concerning our Services. You will have the option to opt out of such emails by following instructions to unsubscribe included in each email.
PART 7 – TYPOGRAPHICAL ERRORS AND INACCURACIES
There may be information on our website that contains typographical errors, inaccuracies or omissions relating to product descriptions, promotional offers, pricing, delivery charges, product availability, or other matters. We reserve the right to correct any such errors or inaccuracies and to change or update information on our website accordingly.
We undertake no obligation to update, amend or clarify information on our website except as required by law.
PART 8 – CANNABIS SAFETY
Our website contains information about cannabis products intended for sale and consumption in the State of California. You acknowledge that cannabis is currently a Schedule I controlled substance under the Controlled Substances Act and possession, cultivation, and distribution of cannabis is federally illegal. Any questions regarding the legality of cannabis shall be directed to independent legal counsel. Any activities or business you engage in relating to cannabis shall be done at your own risk.
By using our website, you acknowledge that information provided on the website is for educational and informational purposes only. It is not intended as medical advice nor as an exhaustive list of all possible uses, directions, or adverse effects. Always heed the advice of your doctor or medical professional. Do not operate motor vehicles or machinery while under the influence of cannabis. If you are pregnant or may be pregnant, breastfeeding, suffering from a health condition, or taking prescription medications, consult a physician or other health care professional prior to using cannabis.
In accordance with Proposition 65, you acknowledge that cannabis and cannabis smoke contains chemicals, such as, but not limited to, arsenic, benzene benzo[a]pyrene, cadmium, hexavalent chromium, formaldehyde, lead, and nickel that have been proven to cause cancer. You and other users of our Services are solely responsible for the use of such product and the consequences of such use.
PART 9 – PICKUP, DELIVERY, AND PAYMENTS
You may have the ability to order cannabis products for pickup or delivery through our website. Any order placed through our website (“Order”) is considered an offer to buy. We may choose to cancel or not accept any Order in our sole discretion. If we make a change or cancel an Order, we may attempt to notify you by contacting the e-mail address or phone number provided at the time the order was made.
All prices posted on our website are subject to change without notice. Posted prices do not include local or state taxes or charges for shipping and handling. All such taxes and charges will be added to your product total and will be itemized in your cart and on your receipt. We are not responsible for pricing or other errors in any offer by us and we reserve the right to cancel orders arising from such errors. We further reserve the right to limit the quantities of any Services that we offer and to discontinue any product at any time.
All sales shall be considered final, non-cancelable, and non-refundable except as expressly set forth below. You agree to pay for all orders placed through our website and for all costs and expenses of collection, including attorney’s fees, in the event of a failure to pay. In the event you dispute the amount or validity of any payments made to The Artist Tree, you must notify us within fifteen (15) days of payment, of any such dispute by mail or email at the addresses listed below. Failure to notify us of any dispute within fifteen (15) days of payment constitutes your waiver of any claims related to the disputed payment.
PART 10 – PROHIBITED USES
In addition to prohibitions stated elsewhere in this Terms of Service, you are prohibited from using our website for (1) any unlawful purpose; (2) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (3) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (4) to collect or track the personal information of others; (5) to spam, phish, pharm, pretext, spider, crawl, or scrape; (6) for any obscene or immoral purpose; or (7) to interfere with or circumvent the security features of the website.
PART 11 –INDEMNIFICATION AND LIMITATIONS ON LIABILITY
You expressly agree to defend, indemnify, and hold harmless The Artist Tree and its affiliates, employees, and officers against all claims, including reasonable attorney fees, relating to your use of our Services.
You further agree that your use of our Services will be at your sole risk and that to the fullest extent permitted by law, The Artist Tree and its affiliates, employees and officers disclaim all warranties express or implied in connection with our Services. We expressly do not warrant your use of the website will be error free, uninterrupted, or free of viruses and we shall not be liable for any direct or indirect loss or damages, punitive or other, resulting from your use of our Services. The Artist Tree shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond The Artist Tree’s reasonable control. Notwithstanding anything to the contrary contained herein, The Artist Tree and its affiliates’ liability will be limited to the greater of the amount paid by you, if any, to The Artist Tree for the period of one (1) month prior to the cause of action or Ten Dollars ($10).
PART 12 – GOVERNING LAW AND ARBITRATION
These Terms of Service covering our Services shall be governed by and construed in accordance with the laws of the state of California. Nothing in these Terms of Service shall prevent The Artist Tree and its affiliates from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person.
The Artist Tree and you agree to submit to the nonexclusive personal jurisdiction of the courts located in Los Angeles, California.
In the event of a dispute with The Artist Tree, you agree to contact The Artist Tree in good faith to resolve the dispute. All offers, promises, and statements, whether oral or written shall be confidential, privileged and inadmissible provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
If the dispute has not been resolved after thirty (30) days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or in any way relating to these Terms of Service and/or our Services by binding arbitration rather than in court in Los Angeles, California before one arbitrator jointly selected by the parties. If the parties are unable to agree upon an arbitrator within thirty (30) days of a party’s notice of intention to arbitrate, the parties shall agree to use the American Arbitration Association as an appointing authority. The arbitration shall be held in Los Angeles, California in accordance with the American Arbitration Association’s Commercial Arbitration Rules. In any arbitration arising out of or related to this Agreement, the parties shall share the arbitrator’s fee and any filing fees equally. The arbitrator shall award the prevailing party its attorneys’ fees and costs but shall not grant punitive damages. Judgment on the award may be entered in any state court having appropriate jurisdiction. The parties understand that by agreeing to binding arbitration, they are giving up rights that they may otherwise have to trial by a court or jury, and all rights of appeal. This section will not preclude the parties hereto from seeking injunctive relief and/or provisional remedies in aid of arbitration from a state court of appropriate jurisdiction.
PART 13 – CLASS ACTION WAIVER
Any dispute whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Services signifies your explicit consent to this waiver.
PART 14 – NON-WAIVER/SEVERABILITY
No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
The provisions of these Terms of Service are intended to be severable. If for any reason, any provision or part of a provision of these Terms of Service shall be held invalid, void, or unenforceable in whole or in part that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
PART 15 – COMPLAINTS
If any complaint with The Artist Tree 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.
PART 16 – ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting our website, sending us emails, and completing online forms constitutes 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 our website satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic receipt of notices, policies, and records of transactions. 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 means.
Part 17 – CONTACT INFORMATION
Any feedback, questions, or comments about the Terms of Service should be sent to The Artist Tree at [email protected]. All notice required under the Terms of Service shall be made in writing by mail to:
The Artist Tree
Attn: Legal
11330 Ventura Blvd.
Studio City, CA 91604
LOYALTY PROGRAM TERMS & CONDITIONS
PLEASE READ THESE TERMS OF SERVICE FOR PARTICIPATION IN THE ARTIST TREE CANVAS CLUB LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
SECTION 8 BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM.
1. MEMBERSHIP ELIGIBILITY AND OVERVIEW
1.1. The Canvas Club Loyalty Program (“Program”) is offered at the sole discretion of The Artist Tree, LLC, The Van Nuys Group LLC, TAT Koreatown LLC, The Artist Tree IVA LLC, TAT OXN LLC, The Artist Tree V LLC, TAT LW LLC, TAT Hawthorne LLC, TAT Fresno LLC, and TAT Fresno II LLC (collectively, “The Artist Tree,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years old with a valid medical marijuana card or 21 years old and who provide and maintain a valid email address and/or phone number are eligible to become members of the Program. This Program is not targeted at children or intended for use by anyone under the age of 18. Employees of The Artist Tree and its affiliates are not eligible to participate in the Program. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose, and we may refuse to create an account for any reason.
1.2. By joining the Program and becoming a Program member, you (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Program Terms and Conditions (“Terms”) and by any changes or modifications we may make. You should review these Terms and the related policies and FAQS frequently to understand the terms and conditions that apply to the Program as they may change from time to time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website PRIVACY POLICY and our website TERMS OF USE, which are incorporated herein by reference. If you do not agree to these Terms, our website PRIVACY POLICY, and our website TERMS OF USE, you cannot participate in the Program. The Program is void where prohibited by law.
1.3. Any rewards/promotions offered through The Artist Tree Canvas Club Loyalty Program may only be redeemed or used at participating The Artist Tree retail locations.
2. PROGRAM ENROLLMENT
2.1. Eligible individuals may enroll in the Program through one of the following options:
2.1.1. Visit https://www.theartisttree.com (collectively, the “Site”) and follow the Program prompts to opt in to email and/or text communications, download the app, create an account and register for the Program. For full access to the Program, you need to turn on app push notifications.
2.2. Visit the Google Play or Apple App Store to download the The Artist Tree app and follow the prompts to opt in to email and/or text communications, create an account and register for the Program. For full access to the Program, you need to turn on app push notifications.
2.3 Visit any The Artist Tree location and opt in to email and/or text communications as part of the in-store check in process. From there you will receive automated messaging via either email or text with a link to download the app, create an account and register for the Program. For full access to the Program, you need to turn on app push notifications.
2.3. You are required to provide your full name, email address and/or phone number and opt in to email and/or text communications in order to enroll. If you enroll via the app, you must also create a password in order to enroll. In order to access certain Program benefits and rewards, you will need to keep app push notifications turned on, but this is not required for enrollment. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information any time in the app or in-store at any The Artist Tree location.
2.4. Only one Program account may be associated with a single member and a single email address and/or phone number. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the email address and/or phone number submitted at the time of enrollment. For purposes of these Terms, the “authorized account holder” is the natural person who is assigned to the submitted phone number or email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
3. PROGRAM BENEFITS
3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. You are able to unlock Program loyalty tiers by making eligible purchases or taking certain other Program actions. Eligible purchases and other opportunities to unlock Program loyalty tiers will be sent via app push notifications and may also be published through other media (e.g., in-store, in marketing communications, social media, etc.). Once you unlock a certain loyalty tier, you may be eligible for certain benefits and rewards applicable to that tier, which benefits may change from time to time and may be offered on a limited basis. Visit our FAQS for a current list of available benefits and rewards.
3.2. The Program is a tier-based program determined by the amount a Member has spent on qualifying purchases within a certain time frame. Program tiers are based on your qualifying purchases placed online or in store at any The Artist Tree location. All program tiers will expire 90 days from the last date of purchase excluding the push notification offer and second visit bonus offer. Those offers have expiration dates relative to when the offer was earned as notes on each individual offer in the app and on the Site.
3.3. For your eligible purchase to qualify for the Program, you must be enrolled in the Program, and you must check in with the same identification you used to enroll when you shop in store or be logged into your account at the time of purchase when placing an order on the Site. To earn rewards and benefits, your purchase must be made on qualifying products. No rewards or benefits will be issued retroactively. Qualifying purchases include regular priced merchandise and services, and exclude gift cards, sales tax, state fees, delivery charges and other excluded charges and/or purchases as specified by us from time-to-time, including, but not limited to, certain charitable products where funds are donated to certain charitable organizations, value sets, select premium products and services, and other specified products.
3.4. Neither accounts nor rewards may be shared or combined. Only the Member paying for the products may accumulate benefits and rewards. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.
3.5. Benefits and rewards earned through the Program have no cash value and are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances credited to your Program account will be decreased or reversed, as applicable, if all or part of the purchase is returned or canceled or if the credit is obtained through fraudulent or other activity that violates these Terms as determined by us in our sole discretion. We are not responsible for rewards lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the Program are the responsibility of the member.
3.6. We reserve the right to change Program benefits, how you unlock each Program tier and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.
3.7. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact The Artist Tree Customer Service at [email protected]. Your email must specify your name, phone number, and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
3.8. Rewards can only be redeemed on the Site or in store as specified with each individual discount.
3.9. Rewards cannot be exchanged or returned for another product or service, or a monetary refund.
3.10. The products and services available through the Program and any samples, promotional or penny products that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.
3.11 Products, services and offers in connection with the Program are subject to availability.
4. MARKETING COMMUNICATIONS
4.1. By enrolling in the Program, you will be automatically subscribed to receive and consent to receiving (1) Program related emails, texts and/or push notifications, including Program marketing emails, texts and/or push notifications and (2) The Artist Tree emails and/or texts, including marketing emails and/or texts.
5. TERMINATION AND MODIFICATION
5.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
5.2. We reserve the right, at any time, in our sole discretion to: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow any Terms, membership inactivity for more than 12 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards and/or benefits, may result in the revocation of your membership, loss of accrued points, and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate, in our sole discretion. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action.
5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by contacting [email protected] or speaking to a staff member in one of The Artist Tree retail locations.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
6.1. NEITHER THE ARTIST TREE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
6.2. YOU AGREE THAT NEITHER THE ARTIST TREE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS IN THE APP OR ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THE APP OR THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
6.3. FURTHER, NEITHER THE ARTIST TREE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
6.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
7. INDEMNIFICATION
7.1 You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms.
8. GOVERNING LAW AND DISPUTES
8.1. This Program and these Terms will be governed by and construed under the substantive laws of the State of California, as if they were a contract wholly entered into and wholly performed within California and without reference to conflict-of-laws considerations.
8.2. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN CALIFORNIA AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
8.3. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) 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. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
9. PRIVACY
9.1 We value your privacy. The personal information collected from you in connection with the Program, including, but not limited to, purchases made in connection with your Program membership, will be used and disclosed by us in accordance with our PRIVACY POLICY. Without limiting the foregoing, we will use and retain your personal information to (1) provide goods and services to you, such as servicing and maintaining your Program membership with us; (2) protect against deceptive and fraudulent activity; (3) enable internal uses that are consistent with our PRIVACY POLICY; and (4) comply with a legal obligation. CA Residents: The Program may be considered a “financial incentive” under California law. Please review the Financial Incentive Notice below.
10. CONTACT US
10.1 For information about the Program and your membership, email [email protected]. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQS
11. FINANCIAL INCENTIVE
We may offer you various financial incentives such as discounts and special offers when you provide us with contact information and identifiers such as your name and email address. When you sign-up for our loyalty program, email list or other discounts and special offers, you opt-in to a financial incentive. You may withdraw from a financial incentive at any time by opting out from our email or closing your loyalty member account. Generally, we do not assign monetary or other value to personal information, however, California law requires that we assign such value in the context of financial incentives. In such context, the value of the personal information is related to the estimated cost of providing the relevant financial incentive(s) for which the information was collected.
