Terms and Conditions

Your use of any Content from the Sites is entirely at your own risk, for which the Company or Passport Club will not be liable. We do not guarantee the correctness, availability, usefulness, reliability, validity, accuracy, completeness, timeliness, correct sequencing, or suitability of the Content on the Sites, and the Company or Passport Club shall not be liable for any errors or deficiencies in any Content on the Sites, or for any action or inaction taken by you in reliance thereon; unless and to the extent resulting from the Company's or Passport Club's grossly negligent, reckless or intentional acts. In particular, you should note the following:

(a) Third Party Content. Certain content from third parties ("Third Party Content") may be made available as part of the Sites or through links on the Sites, and such Third Party Content may be subject to its own additional license terms and policies. You should refer to the terms and policies posted on third party websites prior to using any such Third Party Content. The Company or Passport Club does not endorse, oppose, or edit any opinion, claim, or analysis expressed by any third party or Third Party Content. You agree that the Company or Passport Club is not responsible for the substance, availability, or accessibility of any Third Party Content accessible through the Sites and understand that you bear all risks associated with your access to and/or use of such Third Party Content.

(b) Product Information and Pricing Changes and Errors Occur. While we endeavor to provide accurate product information, product information accessed through the Sites is obtained from claims made by product manufacturers; on occasion manufacturers may alter their labels or ingredient lists; and actual product packaging and materials may contain more and/or different information than that shown on the Sites. Accordingly, you should not rely solely on the product information presented on the Sites, but should always read carefully the labels, warnings, and directions before using or consuming a product and contact directly the product manufacturer for any questions. None of the entities associated with the Company or Passport Club nor their Content provider(s) nor product manufacturers assume any liability for inaccuracies, misstatements, or omissions related to any product information listed on the Sites. In addition, even though we make an effort to describe and display our Offerings accurately on the Sites, Offerings on the Sites may be mispriced, described inaccurately, or unavailable and we may experience delay in updating information on the Sites and in our advertising on the Sites.

(c) Product Content and Testing. Any product information about products provided on the Sites ("Product Content") is based on the information provided to the Company by either the product manufacturer or distributor, or the applicable testing laboratory which provided the product's Certificate of Analysis (COA). Some stated COA values may vary according to freshness and once removed from the container based on other substances or elements introduced to the product after purchase. The Company does not warrant the quality, completeness, or accuracy of the COAs contained on the Sites or provided by participating stores. Please be advised that consuming cannabis or cannabis derived products may have adverse health effects, especially if you have certain medical conditions.

You may be permitted or required to create an Account on or through one of our Sites to use the Services. Your use of the Account may also be covered by other terms, such as the terms governing our prescription management services, which are incorporated herein by reference. You agree to such additional terms, and, unless otherwise provided in those separate terms, you agree to use and access your Account solely for lawful purposes consistent with the service(s) and program(s) offered through the Account.

When you create an Account, you must provide us with certain information about you and create a password. You agree to provide us with accurate and complete information requested in the registration process and to inform us of any updates to such information on an ongoing basis to keep it accurate and complete. You agree that you will not impersonate any other person, set up multiple Accounts, or use your Account(s) in any way that circumvents limits on offers, discounts, promotions, or coupons, and that we may terminate any Account we believe has engaged in such activities. You agree to keep your password confidential and not share it with anybody else.

When you first register for an Account, your Account enrolls you to our Passport Club loyalty program (the "Program").

With respect to each mobile application made available by the Company or Passport Club for downloading (each an "App" or "the Company App"), and without limiting any other terms and conditions herein, by taking the required steps to download the App or create an Account on the App, you are expressly agreeing that you have read, understand, and agree to be bound by these Terms and any updates or amendments to these Terms. Check these Terms in the App or online periodically to access our most current Terms. To use the App, you must have a mobile device that is compatible with the mobile service. The Company or Passport Club does not warrant that the App will be compatible with your mobile device. In addition, the App requires the Internet to function properly. The Company or Passport Club is not responsible for the availability or quality of Internet service during your use of the App.

With respect to each instance in which you download a Company or Passport Club App, The Company or Passport Club hereby grants to you a non-exclusive, non-transferable, non-assignable, revocable license to use an object code copy of the App for one registered Account owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile, reverse engineer or create derivative works of the App, except to the extent that the law expressly prohibits such a limitation on you; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) copy, reproduce, republish, upload, post, transmit or distribute the App in any way, unless specifically allowed in these Terms; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; (v) delete the copyright, trademark and other proprietary rights notices on the App; or (vi) create another app to sniff, phish, scrape, or otherwise monitor The Company Apps unless allowed by the platform for all apps on the Android and iOS platforms. You acknowledge that the Company or Passport Club, from time to time, issues upgraded versions of the App, and may, depending on your device settings, automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms, as may be revised from time to time, will apply to all such upgrades. You further understand and agree that, if the App on your mobile device is not upgraded, either automatically or manually by you, following the release of an upgraded version of the App, you may be unable to access, utilize or otherwise take full advantage of features, functionality, patches, offers, discounts or rewards enabled by the upgraded version of the App. Similarly, you acknowledge and agree that some updates may not support older model devices resulting in the App no longer working on your device. The Company or Passport Club shall have no liability to you with respect to your continued use of the App if not upgraded upon release of a new version or your inability to use the App following such an upgrade. The foregoing license grant is not a sale of the App or any copy thereof, and The Company or Passport Club and their third party licensors or suppliers retain all rights, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App. Your use of the Company App may also be governed by the terms and policies of your mobile network provider, the app store from which you download the App, your device manufacturer or operating system/software provider, and credit card or third party payment provider. Use of a Company App may transmit data concerning your use of the App to the Company or Passport Club or to third parties such as your payment provider. This information may include geolocation data (where you are and where the Company retail stores are located) or payment data. Refer to the Company Privacy Policy and the Geo-Location Terms section of these Terms for more information.

Users of the Company Apps acknowledge that they have reviewed and agree to the terms of the online app marketplace from which they have downloaded the App. The following additional terms and conditions apply with respect to any App that the Company provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):

(a) You acknowledge that these Terms are between you and the Company only, and not with Apple, Inc. ("Apple").

(b) Your use of the Company's iOS App must comply with Apple's then-current App Store Terms of Service.

(c) The Company, and not Apple, is solely responsible for our iOS App and the services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.

(d) You agree that the Company, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims pertaining to our iOS App; (ii) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of our iOS App.

(e) You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.

(f) 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.

(g) You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using our iOS App).

(h) You and the Company agree that Apple and Apple's subsidiaries are third party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of our iOS App as a third party beneficiary thereof.

As a condition of your access to the Sites, you must not:

(a) access the Sites through any means other than the visual user interfaces authorized by the Company or through our authorized accessibility alternatives or permitted voice activated systems;

(b) use the Sites for any commercial purpose without the Company's prior written approval in each instance, except you may use the Online Ordering Service for ordering Offerings (described in The Online Ordering Services Terms below);

(c) access the Sites with any data extraction, scraping, mining, or other data gathering tools; create a database by systematically downloading or storing any Content from the Sites (such as a list of our physical store locations); or otherwise scrape, collect, store, or use any Content from the Sites, including without limitation any product listings, descriptions, prices, or images, except in all cases as expressly authorized under these Terms or permitted separately under a fully executed written agreement between you and the Company (except publicly accessible search engines may use spiders to copy materials from the Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Content on the Sites, excluding indices which enable the purchase of Offerings except from the Company directly);

(d) use or launch any automated system, including without limitation, "robots," "spiders," "crawlers," "extensions," "add-ons," "plug-ins," "apps," or "offline readers" (other than screen readers and similar devices designed to assist visually impaired persons to access the Sites or with our prior written authorization);

(e) mirror or frame the homepage or any other pages of the Sites on any other website or web page without the Company's prior written approval in each instance;

(f) send or otherwise transmit to or through the Sites any material that is, or may reasonably be considered to be, unlawful, infringing, harmful, harassing, offensive, threatening, vulgar or otherwise objectionable;

(g) cause or permit any reverse engineering, decompilation, modification, translation or disassembly of, or attempt to derive any source code of, any program, tool, or application underlying any of the Sites (except for any Site that is a mobile application, and then only to the extent required by local law to obtain interoperability with independently created computer programs or as required by other compulsory local law);

(h) access and/or use the Sites in violation of any applicable federal, state, or local laws; rules or regulations; or encourage conduct that may do so; and/or

(i) assist or permit any person engaging in any of the prohibited activities described above.

Important: The Services are provided on an "as is" and "as available" basis, without warranties, representations or endorsements of any kind. To the fullest extent permitted under applicable law, the Company disclaims all warranties of any kind, express, implied, statutory or otherwise (including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, any warranty for information, data, data processing services or uninterrupted access or use). The Company does not warrant that the Services will be uninterrupted, secure, or error-free; that defects will be corrected; or free of viruses or other harmful components. The Company does not make any representations or warranties regarding the access or use of the Services or Content (including all descriptions, images, references, features, specifications, information, data, Offerings, and prices/availability of Offerings described or depicted on the Sites or Offerings offered through the Sites) in terms of availability, usefulness, completeness, correctness, accuracy, reliability, validity, suitability, timeliness, correct sequencing, or otherwise.  Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.

Important: To the fullest extent permitted under applicable law, under no circumstances (other than injury to the person in the case of consumer goods) shall the Company be liable for any consequential, incidental, special, punitive, exemplary, or indirect damages, or any lost profits or lost revenues, resulting from, based on, or arising out of (i) your access or use of, or inability to access or use, the Services and/or the Content; (ii) any transaction conducted through or facilitated by the Services; (iii) any claim attributable to errors, omissions, deficiencies, or other inaccuracies in the Services; (iv) any unauthorized access to, or use, disclosure or alteration of, your transmissions of data including, without limitation, your personal information or payment card information; (v) statements or conduct of any third party; or (vi) any other matter related to the Services, even if the Company or a Company representative has been advised of the possibility of such damages. Notwithstanding the foregoing, the Company’s total liability to you (excluding any liability for injury to the person in the case of consumer goods), whether under contract, warranty, tort (including but not limited to negligent, but excluding grossly negligent, reckless and intentional, acts of the Company), product liability, strict liability or any other theory, arising from these Terms or your access to and/or use of the Sites for any reason whatsoever shall be limited in the aggregate to the total of all payments you have made to the Company (if any) during the three-month period preceding the date of such claim. If you are dissatisfied with any of the Services or the Content, your sole and exclusive remedy is to discontinue using the Services.  Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you. The foregoing provision is enforceable in the State of New Jersey.

ALL CLAIMS ARISING FROM OR RELATED TO YOUR ACCOUNT, ACCESS TO OR USE OF THE COMPANY’S SERVICES, PURCHASES FROM THE COMPANY; THE USE OF YOUR INFORMATION BY OR FOR THE COMPANY, ANY ASPECT OF YOUR RELATIONSHIP OR INTERACTIONS WITH THE COMPANY ARE SUBJECT TO THESEDISPUTE RESOLUTION TERMS, UNLESS YOU OPT OUT OR ANOTHER EXCEPTION APPLIES. THESEDISPUTE RESOLUTION TERMSCONTAIN PROCEDURES THAT APPLY TO MASS ARBITRATION.

WITH LIMITED EXCEPTIONS YOU AND THE COMPANY MAY NOT SUE IN COURT, HAVE A TRIAL BY JURY, OR PARTICIPATE IN A CLASS ACTION. YOU AND THE COMPANY AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, UNLESS OTHERWISE PROVIDED IN THESE TERMS. THE COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

FOLLOW THE INSTRUCTIONS IN THEDISPUTE RESOLUTION TERMSIF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE ON AN INDIVIDUAL BASIS.

When you visit the Sites or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Sites. If you contact us by email, telephone, facsimile, in-App customer service, online chat or similar electronic communication service, you consent to our use of the same communication method, and/or any email address or telephone number you provide in contacting us, to respond to your contact. In addition, if you register or create an Account, you consent to our use of the contact information provided in that process to contact you regarding your Account. The Company reserves the right to send you emails relating to your Company Account or use of its Offerings, such as administrative and service announcements or if we suspect fraud, and these transactional or Account messages may be unaffected if you choose to opt out from receiving Company marketing emails.

You further understand that the Company may send you sales and marketing communications, such as by email or push notification through any Company App you have downloaded. You can opt out of receiving Company sales and marketing emails at any time by following the unsubscribe instructions in those emails. This will not affect subsequent subscriptions and if your opt-in is limited to certain types of emails, the opt-out will also be so limited. Similarly, you can limit your receipt of push notifications by adjusting the settings of your mobile device. You may be given the opportunity to opt in to Company recurring message programs which provide updates regarding product and service information/availability, marketing messages and promotional offers. These marketing messages may be autodialed, prerecorded or promotional and may be delivered via voice or text. The Company texting programs send five or fewer messages per month, unless otherwise noted at the time of opt-in. You may opt out of receiving text messages at any time by replying "STOP" to the message. You may receive one confirming text. Message and data rates may apply. Carriers and the Company are not liable for delayed or undelivered messages. You may opt out of any voice telephone message program by following the directions provided during the telephone call.

Any written notice, demand, consent, or other similar communication related to these Terms, your Account, or your access or use of the Services shall be deemed to have been given when delivered, in each case, addressed as follows:

(a) If from You to the Company:
Customer Support Center; 440 N Barranca Ave #8433 Covina, CA 91723

(b) If from Company to You:
At the email or mailing address specified in your Account or the address provided when accessing or using the Services.

If you have any questions about these Terms or requests for additional information, please send us an email at email us or a letter at the following mailing address:

Except as permitted under Section 4, if you have a Claim against the Company or if the Company has a Claim against you, you and the Company must first attempt to resolve the Claim informally before either party may bring the Claim in arbitration. You and the Company will make a good-faith effort to negotiate for 45 days the resolution of any Claim or for a longer period as mutually agreed in writing (email suffices) by you and the Company ("Informal Resolution Period") from the day you or the Company receive a written notice of a Claim from the other party (a "Claimant Notice") in accordance with this Section 3.

You will send any Claimant Notice to the Company by certified mail addressed to Customer Support Center, Customer Support Center, 440 N. Barranca Ave #8433, Covina, CA 91723. The Company will send any Claimant Notice to you by certified mail or email using the contact information you have provided to the Company, including the email address associated with your Account or the Company. The Claimant Notice sent by either party must (i) include the sender's name, address, email address, telephone number, and any relevant Account or purchase information; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief requested.

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of resolution if it chooses to do so. You or the Company cannot file a Claim in arbitration (or court in accordance with Section 4) before the end of the Informal Resolution Period. If you or the Company file a Claim in arbitration or court without complying with all the requirements in these Dispute Resolution Terms, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party who has not followed the requirements in this Section 3, including to reimburse that party for any costs and fees—including arbitration fees, attorney fees, and expert fees—incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing-fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that you and the Company can engage in this informal dispute-resolution process.

Except for Claims (i) exclusively related to the intellectual-property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) of you or the Company, including any disputes in which you or the Company seek injunctive or other equitable relief for the alleged unlawful use or infringement of your or the Company's intellectual property or other infringement of your or the Company's intellectual-property rights ("IP Claims") or (ii) that are properly asserted in small-claims court (provided that the small-claims court does not permit class or similar representative actions or relief), all Claims, including Claims that are not related to intellectual property or intellectual-property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 3 will only be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the arbitrability, validity, enforceability, or scope of the arbitration provision or any portion of the arbitration provision.

Subject to the terms of this Section 5, a Claim not excluded under Section 4 may only be resolved by binding individual arbitration conducted by a single arbitrator of the American Arbitration Association (the "AAA"), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq. ("FAA"). For Claims arbitrated by the AAA, if you are a "Consumer," meaning that you only use an Account and/or the Services for personal, family, or household purposes, the then-current version of the AAA's Consumer Arbitration Rules are the rules applicable to Claims between you and the Company as modified by these Terms (the "Rules"). For Claims that must be arbitrated by the AAA, if you are not a Consumer, the then-current version of the AAA's Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and the Company as modified by these Dispute Resolution Terms.

If the AAA notifies the parties in writing (email suffices) that it is not available to arbitrate any Claim, that Claim may only be settled by binding individual arbitration conducted by a single arbitrator of National Arbitration and Mediation ("NAM"), www.namadr.com/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq. ("FAA"). For Claims arbitrated by NAM, the then-current version of NAM's Comprehensive Dispute Resolution Rules and Procedures are the Rules applicable to Claims between you and the Company as modified by these Dispute Resolution Terms.

This agreement to arbitrate affects interstate commerce, and the enforceability of these Terms will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Dispute Resolution Terms, and the applicable Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim in arbitration and to grant any remedy or relief that would be available in a court under law or in equity, including the power to determine all questions of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or the Company to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence). The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

You or the Company may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with the AAA in accordance with the Rules (or with NAM in accordance with the Rules if applicable pursuant to this Section 5). Instructions for filing a demand for arbitration with the AAA are available on the AAA website or by calling the AAA at 800-778-7879, and instructions for filing a demand for arbitration with NAM are available on the NAM website or by calling NAM at 800-358-2550. You will send a copy of any demand for arbitration to the Company by certified mail addressed to Customer Support Center, 440 N. Barranca Ave #8433, Covina, CA 91723. The Company will send any demand for arbitration to you by certified mail or email using the contact information you have provided to the Company, including the email address associated with your Account. You and the Company both agree that the arbitrator must follow the terms of this agreement to arbitrate.

Any such arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in these Dispute Resolution Terms shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims. Any such claims so released from arbitration must be resolved in accordance with Section 13.

If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel as other Claimants, these will be considered "Mass Arbitrations" and will be treated as mass arbitrations according to the AAA's Mass Arbitration Supplementary Rules (or if filed with NAM, NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures), if and to the extent Mass Arbitrations are filed in arbitration as set forth in these Dispute Resolution Terms. You or the Company may advise the other if you or the Company believe that Claims are Mass Arbitrations, and disputes over whether a Claim meets the definition of "Mass Arbitrations" will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable. The following procedures are intended to supplement the AAA's Mass Arbitration Supplementary Rules (or if filed with NAM, NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures), and to the extent the procedures conflict with those Rules, to supersede them.

Mass Arbitrations may only be filed in arbitration as permitted by the process set forth in the applicable Mass Arbitration Supplementary Rules and as supplemented below. Applicable statutes of limitations will be tolled for Claims asserted in a Mass Arbitration from the time a compliant Claimant Notice has been received by the Company until these Dispute Resolution Terms permit such Mass Arbitration to proceed in arbitration or court.

Mediation: Early mediation and dispute resolution of the Mass Arbitrations is encouraged. Consequently, in addition to an early mediation that shall take place within 90 days the filing of the Mass Arbitrations, once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the Company agree), counsel for the parties must engage in a single mediation of all remaining claims in the Mass Arbitrations with the mediator's fee paid for by the Company. Counsel for the claimants and the Company must agree on a mediator within thirty (30) days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the Company cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate to ensure that the mediation is scheduled as quickly as possible after the mediator is appointed.

Remaining Claims: If after the initial set of bellwether claims are arbitrated and the subsequent mediation does not yield a global resolution of all remaining claims that are part of the Mass Arbitrations, the arbitration requirement in these Dispute Resolution Terms will no longer apply to Mass Arbitrations for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether proceedings. Such Mass Arbitrations released from the arbitration requirement must be resolved in accordance with Section 13.

Courts will have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

If any part of these Dispute Resolution Terms is held to be invalid or unenforceable, that part will no longer apply to the parties, but all other parts of these Dispute Resolution Terms will remain in effect unless otherwise provided herein. If the Company does not enforce any provision of these Dispute Resolution Terms, that will not be considered a waiver of the Company's rights. Any waiver of these Dispute Resolution Terms must be obtained in a written document signed by an authorized representative of the Company.

Except as otherwise provided in these Dispute Resolution Terms, if a Claim does not proceed in arbitration, the class-action waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals in a single proceeding, except that you and the Company may participate in a classwide, collective, and/or representative settlement of Claims.

These Dispute Resolution Terms, all Claims, and any matter related to or arising from your Account, access to and use of the Services, and the relationship and interactions between you and the Company shall be subject to and governed by, construed, and interpreted in accordance with the laws of the State of Delaware, U.S.A. except for its conflict of law rules.

All Claims not subject to arbitration pursuant to these Dispute Resolution Terms and that cannot be heard in small-claims court will be resolved exclusively in the courts located in Sacramento, California.