Privacy Policy &
Terms of Use
Effective Date: January 15th, 2024
Golden Grail Group, Inc. (“Company,” “we,” “our,” or “us”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, and disclose your personal information. This Privacy Policy applies to https://chalicefarms.com/, https://www.getgoldenoil.com/, https://www.goldenxtrx.com/, and https://leftcoastconnection.com/ (our “Sites”), and our mobile apps for iPhone, Windows or Android mobile devices (collectively, our “Service”). By accessing or using our Service, you signify that you have read, understood and agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy and our Terms of Service.
WHAT INFORMATION DO WE COLLECT AND FOR WHAT PURPOSE?
The categories of information we collect can include:
Information you provide to us directly. When you sign up for the Service, we collect your name, phone number, and e-mail address. We also allow you to provide us a billing address, shipping address, and payment card information if you wish and require this data if you make a purchase on the Service. We may also collect any communications between you and Company and any other information you provide to Company, as well as content you post to the Service, including the groups you belong to, your interaction with your friends and with others on the Service, and photos and videos you post to the Service, and any content you provide through in-app messages, chat, or other functionality (“User Content”).
Data collected through the use of the Service. We collect information about how you use the Service, and your actions on the Service which we may share with other users. Please see “Sharing of Your Information” below to learn more. Please remember that Company may, but has no obligation to, monitor, record, and store User Content in order to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, or to protect and defend our rights and property. By using the Service, you consent to the recording, storage and disclosure of such communications you send or receive for these purposes.
Information we collect from social networks. When you interact with our Service through various social media, such as when you login through Facebook or when you follow Company or share Company content on Facebook, Twitter, Pinterest, Instagram or other sites, we may receive information from those social networks including your profile information, picture, user ID associated with your social media account, friends list, and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. You can always review, and if you wish, adjust your privacy settings on third-party websites and services before linking or connecting them to our Service.
Location Information. We collect your unique user identifier and your location through GPS, WiFi, or wireless network triangulation in order to obtain your location for the purposes of providing our Service. We maintain location information only so long as is reasonable to provide the Service and then delete location data tied to your personal information. We may maintain de-identified location data for a longer period of time in order to analyze aggregate trends and metrics. If you want to opt-out of the collection of your location data, please adjust your settings in your mobile device to limit the Service’s access to your location data. Please see “Control Over Your Information” below to learn more.
We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages and push notifications, and permit you to communicate with others on the Service or on social media. We may also send you Service-related emails or messages (e.g., account verification, change or updates to features of the Service, technical and security notices). For more information about your communication preferences, see “Control Over Your Information” below.
We use third-party payment processors to handle payment transactions. Any payments you make will also be subject to their privacy practices set forth in their privacy policies.
HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION.
We, and our third party partners, automatically collect certain types of usage information when you use our Service, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including cookies, web beacons, file information and similar technology (collectively, “tracking technologies”). For example, we collect information about your device and its software, such as your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser, mobile device or your account, and other such information. We also collect information about the way you use our Service, for example, the site from which you came and the site to which you are going when you leave our Service, the pages you visit, the links you click, how frequently you access the Service, whether you open emails or click the links contained in emails, whether you access the Service from multiple devices, and other actions you take on the Service.
When you access our Service from a mobile device, we may collect unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google AdID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analyzing other information, like an IP address.
We may collect analytics data, or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. You can learn more about Google’s practices at https://www.google.com/policies/privacy/partners, and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout. We may also work with third party partners to employ technologies, including the application of statistical modeling tools, which attempt to recognize you across multiple devices. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.
We use or may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Service; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our Service; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Service; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our Service.
If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the Service, as some features and services on our Service may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.
We and our third party partners may also use cookies and tracking technologies for advertising purposes. For more information about tracking technologies, please see “Third Party Tracking and Online Advertising” below.
SHARING OF YOUR INFORMATION.
We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Control Over Your Information” section below.
Remember, our Service allows you to connect and interact with others. Your profile information, including your name, photo, and other personal information, will be available publicly to other members of the Service by default when you create a profile, interact with others on the Service in public groups, and post content to public spaces.
We may share your profile information with:
The public, including other members of the Service. Your profile information and content you post to public areas of the Service, including public groups, will be viewable by others on the Service and the public. Please do not provide profile information you would not want to be public. You may be able to control the visibility of some of your information and actions in your Settings (see “Control Over Your Information” below) and
The public when you provide feedback or user content on our Service. For example, if you post user content on our blog or comment on our Service, your information, such as your first name, last initial, state of residence, and your comments, may be displayed on our Service;
We may share your profile information and other personal information with:
Our subsidiaries and affiliates;
Third parties with whom we partner to provide contests and sweepstakes, which will usually be identified by name in the Official Rules of the contest or sweepstakes;
Third-party vendors and other service providers that perform services on our behalf, as needed to deliver the Service to you or to carry out their work for us. This may include identifying and serving targeted advertisements or providing mailing services, tax/accounting services, contest fulfillment, web hosting, payment processing services, delivery services, or analytic services;
Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings; and
Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Company, our visitors, or others.
We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.
CONTROL OVER YOUR INFORMATION.
Profile and Data Sharing Settings. You may update your profile information, such as your user name and profile photo, and may change some of your data sharing preferences on your Settings page or by emailing us at info@chalicefarms.com .
Access to your Device Information. You may control the mobile app’s access to your device information through your “Settings” app on your device.
How to control your communications preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).
Text Messages. We may send text messages you have previously consented to receive. You can cancel text messages at any time by texting “STOP”. After you send “STOP”, we may send you an additional text message to confirm that you have been unsubscribed. You will no longer receive text messages from that short code, but you may receive text messages if you are subscribed to other text lists.
If at any time you have questions about the text messages, text “HELP”. After you send “HELP” we will respond with instructions on how to use our service as well as how to unsubscribe.
Message and data rates may apply.
Modifying or deleting your information: If you have any questions about reviewing, modifying, or deleting your information, want to remove your name or comments from our Service or publicly displayed content, or wish to exercise other data subject rights provided to you by law, you can contact us directly at info@chalicefarms.com . We may not be able to modify or delete your information in all circumstances.
California Residents. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Service that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@chalicefarms.com or write us at:
Chalice Farms
13315 NE Airport Way
Suite 700
Portland, OR 97230
THIRD PARTY TRACKING AND ONLINE ADVERTISING.
We may share, or we may permit third party online advertising networks, social media companies and other third party services, to collect, information about your use of our Service over time so that they may play or display ads that may be relevant to your interests on our Service as well as on other websites or apps, or on other devices you may use. Typically, though not always, the information we share is provided through cookies or similar tracking technologies, which recognize the device you are using and collect information, including hashed data, click stream information, browser type, time and date you visited the Service, and other information. This information is used to display targeted ads on or through our Service or on other websites or apps, including on Facebook. We or the online advertising networks use this information to make the advertisements you see online more relevant to your interests.
As noted above, depending on your browser or mobile device, you may be able set your browser to delete or notify you of cookies and other tracking technology by actively managing the settings on your browser or mobile device. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android). To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at https://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices, and you may also adjust your ad preferences through your Facebook settings. You may also be able to opt-out of some – but not all – interest-based ads served by mobile ad networks by visiting https://youradchoices.com/appchoices and downloading the mobile AppChoices app. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at info@chalicefarms.com .
HOW WE STORE AND PROTECT YOUR INFORMATION.
Data storage and transfer: Your information collected through our Service may be stored and processed in the United States or any other country in which Company or its affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which the Company or its parent, subsidiaries, affiliates, or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
Keeping your information safe: We care about the security of your information and use commercially reasonable physical, administrative, and technical safeguards to preserve the confidentiality, integrity and availability of all information collected through our Service. However, no security system is impenetrable and we cannot guarantee the security of our systems. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
CHILDREN’S PRIVACY.
Company does not knowingly collect or solicit any information from anyone under the age of 13 on this Service. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at info@chalicefarms.com ,
LINKS TO OTHER WEB SITES AND SERVICES.
The Service may contain links to and from third party websites of our business partners, advertisers, and social media sites and our users may post links to third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third party sites.
HOW TO CONTACT US.
If you have any questions about this Privacy Policy or the Service, please contact us at info@chalicefarms.com .
CHANGES TO OUR PRIVACY POLICY.
We update this Privacy Policy from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner we will let you know and update the ‘last modified’ date at the top of this page. If you object to any changes, you may close your account. Continuing to use our Service after we publish changes to this Privacy Policy means that you are consenting to the changes.
Terms of Use
Last Modified: February 13th, 2019
Acceptance of the Terms of Use
These terms of use (these “Terms of Use”) are entered into by and between you and Golden Grail Group (“Company,” “we” or “us”) and govern your access to and use of any of our websites https://chalicefarms.com/, http://www.getgoldenoil.com/, http://www.goldenxtrx.com/, and http://leftcoastconnection.com/ (the “Websites”).
Please read these Terms of Use carefully before you start to use the Websites. By using the Websites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites.
The Websites are not intended for users younger than 21.
Changes to the Terms of Use
We may revise these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter. Your continued use of the Websites following the posting of revised Terms of Use means you accept and agree to the changes. We encourage you to check these Terms of Use often for updates.
Accessing the Websites and Account Security
Subject to the terms and conditions of these Terms of Use, Company grants you a limited, revocable, non-exclusive, and non-sublicensable license to use the Websites for your personal and non-commercial use. We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Websites.
To access the Websites or any of the resources offered, such as making a purchase, you may be asked to provide certain registration details or other information. As a condition of your use of the Websites, all information you provide on the Websites must be correct, current and complete. You agree that all information you provide to the Websites, including but not limited to through the use of any interactive feature, is governed by our Privacy Policy. You consent to all actions we take with respect to your information, consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you. You agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.
Intellectual Property
The Websites and all contents, features and functionality thereon (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Company, its licensors, or other providers of such material, and protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not commercially exploit or make the Websites available to any third party. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Websites, except as authorized by the Terms of Use. No right, title or interest in or to the Websites or any content on the Websites is transferred to you. Company reserves all rights not expressly granted.
Trademarks
The Company names and trademarks, and all related names, trademarks, logos, product and service names, designs and slogans are trademarks and trade names of Company or its licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Websites are the trademarks of their respective owners.
Prohibited Uses
You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to:
Use the Websites in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any law regarding the export of data or software to or from the US or other countries).
Use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites.
Use any robot, spider or other automatic or manual device, process or means to access the Websites for any purpose, including monitoring, copying or scraping any of the material or information on the Websites.
Use any device, software or routine that interferes with the proper working of the Websites.
Introduce any virus, trojan horse, worm, logic bomb or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Websites, the server on which the Websites is stored, or any server, computer or database connected to the Websites.
Attack the Websites via denial-of-service attack or distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Websites.
User Contributions and Submissions
The Websites may allow you to post content and communicate with others. Anything that you post on or through the Websites or otherwise submit to us through the Websites, including comments, is referred to as “User Contributions.” User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote or include sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Contain personal attacks against other participants, name-calling, slurs, hate speech or bigotry.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Any User Contributions you post to the Websites will be considered non-confidential and non-proprietary. You represent, warrant, and covenant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees; and (ii) your User Contributions comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute (or that are submitted or contributed through your account), and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Websites
Company does not endorse any User Contributions submitted to the Websites by any user, or any opinion, recommendation, or advice expressed by any other user, and Company expressly disclaims any and all liability in connection with User Contributions. We have the right, but aren’t required, to monitor, edit and remove any User Contributions. We don’t take responsibility or assume liability for any User Contributions.
By providing any User Contributions on or through the Websites, you grant us and our licensees the perpetual, non-exclusive, sublicensable, transferrable, worldwide, irrevocable and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, disclose to third parties, commercialize and create derivative works from all User Contributions for any purpose without attribution or payment to you.
Copyright Complaints
If you believe any materials accessible on the Websites infringe your copyright, you may request removal of those materials from the Websites by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Websites, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of our Copyright Agent, in the following manner:
Sara Hamlet
GoldenLeaf Holdings
8089 SW Cirrus Dr.
Bldg 19
Beaverton, OR 97008
Enforcement; Termination
We may take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Websites. We may terminate or suspend your access to all or part of the Websites for any reason.
Reliance on Information Posted
The information presented on or through the Websites is made available only for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.
Changes to the Website
We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on or through the Websites is subject to our Privacy Policy. By using the Website, you consent to any and all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
Any purchase through the Websites, or other transaction for the sale of our products through the Websites, is governed by our Terms of Sale, which is hereby incorporated into these Terms of Use.
Links from the Website
If the Websites contain links to other sites or resources provided by third parties, these links are for your convenience only. We have no control over the contents of other sites or resources. We accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third party website linked to this Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such website.
Geographic Restrictions
The owner of the Websites is based in the United States. We make no claim that the Websites or any of its content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative. You are solely responsible for compliance with local laws.
Disclaimer of Warranties
THE WEBSITES ARE PROVIDED “AS IS”. COMPANY MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, QUALITY, ACCURACY OR NATURE OF THE WEBSITES’ CONTENT, MERCHANTABILITY, OWNERSHIP, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL NOT BE RESPONSIBLE FOR ANY ERROR OR OMISSION REGARDING CONTENT DELIVERED THROUGH THE WEBSITES OR ANY DELAY IN OR INTERRUPTIONS OF SUCH DELIVERY. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY ITEM OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.
THE FOREGOING ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. IT DOES NOT AFFECT ANY WARRANTY WHICH CANNOT BE LEGALLY EXCLUDED OR LIMITED.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES OR ANY OF THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, OR ITEMS OBTAINED THROUGH THE WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OF USE AND IN CONNECTION WITH YOUR USE OF THE WEBSITES IS LIMITED TO $100 OR THE AMOUNT YOU PAID TO COMPANY HEREUNDER, WHICHEVER IS GREATER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE LEGALLY EXCLUDED OR LIMITED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including but not limited to any use of the Websites’ content, services or products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Websites.
No Class Actions
YOU MAY RESOLVE ANY DISPUTE WITH US ONLY ON AN INDIVIDUAL BASIS. YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT ALLOWED.
Waiver of Jury Trial
EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE SUBJECT MATTER OF THESE TERMS OF USE.
General Terms
All matters relating to the Websites and these Terms of Use will be governed by and construed in accordance with the laws of the State of Oregon, excluding Oregon conflict of law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OF USE OR THE WEBSITE IS MULTNOMAH COUNTY, OREGON. YOU AND COMPANY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS.
These Terms of Use, including our Privacy Policy, constitute the entire agreement between you and Company with respect to the Websites and supersede all prior agreements with respect to the Websites.
If any provision of these Terms of Use is found to be unlawful or unenforceable in any respect, you agree that the court may reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or deleted, the court shall fully enforce the resulting Terms of Use.
Use of the terms “including” and “include” mean “without limitation” and indicate non-exclusive lists of items.
Your Comments and Concerns
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