The website located at www.threewells.co (the “Site”), together with all of its content of every kind and nature is the sole and exclusive property of Ruby Green Inc. (“Three Wells”, “Us”, “Our”, and “We”) and is a copyrighted work belonging to Ruby Green, Inc. and its affiliates, subsidiaries, parent company, and other related companies. Three Wells™ and related sub-domains, mobile and/or software applications that host content provides information and resources related to cannabis varieties and related products which include reviews and ratings provided by its users, directories of cannabis dispensaries, retail locations, and medical providers, and cannabis-related news stories and other articles; and offers certain products for sale (collectively, with all other services provided through the Site, the “Services”). Certain components and features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are hereby incorporated by reference into this Agreement.
The Site and the Services are intended solely and only available to individuals who are at least twenty one (21) years of age, who can willingly and knowingly enter into legally binding contracts under applicable law. Without limiting the foregoing, the Site and Services are not available to minors or suspended members or users. Further, your account and user ID for any of the Services may not be transferred or sold to another party.
- DISCLAIMERS. ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY THREE WELLS™ ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. THREE WELLS™ DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING USER GENERATED CONTENT AND THIRD-PARTY MATERIALS (EACH, AS DEFINED BELOW). THREE WELLS™ IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, OR OTHER USER(S) OF THE SITE OR SERVICES. THREE WELLS™ IS NOT OBLIGATED TO SCREEN DISPENSARIES, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THEIR MENUS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR MENUS OR OTHER INFORMATION WHICH THEY MAY PROVIDE.
THREE WELLS™ DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR WITHIN ANY OF THREE WELLS’ SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL OR EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER GENERATED CONTENT AND THREE WELLS™-GENERATED CONTENT DERIVED FROM USER GENERATED CONTENT (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, AND OTHER DATA). THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA THREE WELLS’ SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE, SERVICES, OR ON THREE WELLS’ SOCIAL MEDIA PAGES AND CHANNELS. THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 7 AND 8 OR ELSEWHERE IN THIS AGREEMENT.
- USER ACCOUNTS
2.1 Account Creation. In order to use certain features of the Site (e.g., to use the Services), you must register for an account with Three Wells™ (“Three Wells™ Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may not create more than one Three Wells™ Account. You may delete your Three Wells™ Account at any time, for any reason, by following the instructions on the Site. Three Wells™ may suspend or terminate your Three Wells™ Account in accordance with Section 10 of this Agreement.
2.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Three Wells™ Account login information and are fully responsible for all activities relating to your Three Wells™ Account. You agree to immediately notify Three Wells™ of any unauthorized use, or suspected unauthorized use of your Three Wells™ Account or any other breach of security. Three Wells™ cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- LICENSE TO USE THE SITE
3.1 License. Subject to the terms of this Agreement, Three Wells™ grants you a non-transferable, non-exclusive, license to use the Site and Services for your personal, noncommercial use.
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following additional restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
3.3 Modification. Three Wells™ reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Three Wells™ will not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
3.4 Ownership. Excluding your User Generated Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Three Wells™ or Three Wells’ licensors. The provision of the Site and Services does not transfer to you or any third-party any rights, title or interest in or to such intellectual property rights. Three Wells™ and its supplier’s reserve all rights not granted in this Agreement.
- ACCEPTABLE USE. The following sets forth Three Wells’ “Acceptable Use Policy”:
4.1 General Restrictions. You agree not to use the Site, Services, or any of Three Wells’ social media pages or channels to collect, upload, transmit, display, or distribute any User Generated Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.
4.2 Reviews. You agree not to post reviews on the Site, Services, or any of Three Wells’ social media pages or channels that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users on the Site with an accurate description of your personal experience with applicable brand, product, dispensary or other goods or services. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Site, Services, or any of Three Wells’ social media pages or channels must not: (a) be written exclusively in capital letters, (b) be plagiarized, (c) contain spam or advertisements, (d) contain personally identifying information about any Dispensary employees or any other person, (e) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals affiliated with the Dispensary, (f) contain references to Dispensaries or competitors other than the product or Dispensary being reviewed, or (g) contain unrelated personal grievances. If you are an owner, volunteer, or employee of a Dispensary you may not post reviews about your Dispensary or products or about your competitors’ Dispensary or products. If you are an owner, volunteer, or employee of a Brand/Product Company you may not post reviews about your Brand/Product or about your competitors’ brand or products.
If you are an owner, volunteer, or employee of a medical or services provider you may not post reviews about your services or about your competitors’ services or products.
4.3 Photos. Image files must exclusively feature the products they illustrate and must not include body parts, messy or cluttered backgrounds, product wrapping, currency, paraphernalia, brand names, or other any objects other than the product itself. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section 5.
4.4 Technological Restrictions. In addition, you agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or Three Wells™ or gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.
4.5 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any User Generated Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Generated Content, terminating your Three Wells™ Account in accordance with Section 10, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
- USER GENERATED CONTENT
5.1 User Generated Content. “User Generated Content” means any and all information and content that a user submits to, or uses with, the Site or Services, including without limitation, content in the user’s profile, user reviews and/or postings. You acknowledge and agree that Three Wells™ is not responsible for any User Generated Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Three Wells™ does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Generated Content.
5.2 Your Responsibilities. You are solely responsible for your User Generated Content. You assume all liability and risks associated with the use of your User Generated Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Generated Content that makes you or any third-party personally identifiable. You hereby represent and warrant that your User Generated Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Generated Content is in any way provided, sponsored or endorsed by Three Wells™. Because you alone are responsible for your User Generated Content (and not Three Wells™), you may expose yourself to liability if, for example, your User Generated Content violates the Acceptable Use Policy. Three Wells™ is not obligated to backup any User Generated Content and User Generated Content may be deleted at any time. You are solely responsible for creating backup copies of your User Generated Content if you deem it necessary or appropriate.
5.3 License. You hereby grant, and you represent and warrant that you have the right to grant, to Three Wells™ an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Generated Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Generated Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Generated Content.
5.4 Feedback and Suggestions. If you provide Three Wells™ any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Three Wells™ all rights in the Feedback and agree that Three Wells™ shall have the right to use such Feedback and related information in any manner it deems appropriate. Three Wells™ will treat any Feedback you provide to Three Wells™ as non-confidential and nonproprietary. You agree that you will not submit to Three Wells™ any information or ideas that you consider to be confidential or proprietary to You or any third-party.
- THIRD-PARTY MATERIALS; PROMOTIONAL OFFERS; OTHER USERS; RELEASE
6.1 Third-Party Materials. The Site or Services might display, include or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third-party websites, services, and advertisements for third-parties such as Promotional Offers (defined below) (collectively, “Third-Party Materials”). You acknowledge and agree that Three Wells™ is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Three Wells™ does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third -Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
6.2 Promotional Offers. The Site or Services might display, include or make available coupons, promotional codes, giveaways, samples, and other offers from listed product suppliers, service providers and dispensaries (collectively, “Promotional Offers”). Promotional Offers constitute Third-Party Materials under this Agreement. Three Wells™ displays these Promotional Offers on the Site and Services as a form of advertisement for the listing Dispensary, Doctor, Brand/Product Manufacturer and/or Other Third-Parties (the “Offeror”) only. All Promotional Offers are offered directly by the applicable Offeror and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions, or restrictions are expressly included on the Site or Services. The Offeror, and not Three Wells™, is solely responsible for: (a) redemption of the Promotional Offer; (b) compliance of all aspects of the Promotional Offer with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the Promotional Offer; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Promotional Offer or not.
6.3 Other Users. Each user of the Site or Services is solely responsible for any and all of its User Generated Content. Because we do not control User Generated Content, you acknowledge and agree that we are not responsible for any User Generated Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Generated Content, and we assume no responsibility for any User Generated Content. Your interactions with other Site or Service users (including Dispensaries) are solely between you and such user. You agree that Three Wells™ will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
6.4 Release. You hereby release and forever discharge Three Wells™ (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or Third-Party Materials. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THREE WELLS™ (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THREE WELLS™ (AND OUR OFFICERS, EMPLOYEES, OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THREE WELLS’ (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) AMOUNTS YOU PAID TO THREE WELLS™ DURING THE PRIOR TWELVE (12) MONTHS, IF ANY. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- INDEMNITY. You agree to defend, indemnify and hold harmless Three Wells™ (and its officers, employees, and agents) from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third-party due to or arising out of (i) your use or misuse of the Site or Services, (ii) your User Generated Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. Three Wells™ reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Three Wells. Three Wells™ will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- TERM AND TERMINATION. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Three Wells™ Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Three Wells™ Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Three Wells™ Account involves deletion of your User Generated Content associated therewith from our Site, Services, and live databases. Three Wells™ will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Three Wells™ Account or deletion of your User Generated Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2-3.4, 4–12.
- COPYRIGHT. Three Wells™ respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
11.1 your physical, or electronic, signature;
11.2 identification of the copyrighted work(s) that you claim to have been infringed;
11.3 identification of the material on our services that you claim is infringing and that you request us to remove;
11.4 sufficient information to permit us to locate such material;
11.5 your address, telephone number, and email address;
11.6 a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
11.7 a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The Designated Copyright Agent for Three Wells™ is:
Attn: Legal Department
369 B Third St.
San Rafael, CA 94901
Email: [email protected]
- OPTING OUT. If you wish to opt-out of promotional emails, text messages, or other communications, you may opt-out by following the unsubscribe options provided in the respective communications. Additionally, you can email us at [email protected].
SMS/Texts – To opt out of any promotional marketing SMS or text messages, reply ‘STOP’ via text message to be unsubscribed from any future promotions. You can also email our Support Team to be removed from any SMS or text messaging by contacting us at [email protected].
Emails – To opt out of any promotional marketing emails, select the unsubscribe button at the bottom of the email which will remove you from any future marketing emails. You can also email our Support Team to be removed from any marketing emails by contacting us at [email protected].
12.1 No Support or Maintenance. You acknowledge and agree that Three Wells™ will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
12.3 ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Except for disputes brought in small claims court, all disputes between you and Three Wells™ arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND Three Wells™ AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if Three Wells™ makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to Three Wells™. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Los Angeles County, California. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of the State of California, without regard to conflict of law provisions.
12.4 Copyright/Trademark Information. Copyright © 2018, Ruby Green, Inc. All rights reserved. Three Wells®; the Three Wells logo; the Three Wells™ wordmark used alone or in combination; the Three Wells multi-colored three leaves logo; and the Three Wells tile designs (collectively, the “Marks”) are trademarks of Ruby Green Inc. You acknowledge and agree that you are not permitted to use Three Wells’ Marks or any third-party marks displayed on our site without prior written consent from, respectively, Three Wells, Ruby Green Inc. or the owners of such third-party marks.
12.5 Additional Terms. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Three Wells™ of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Three Wells™. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Three Wells’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement are binding upon successors and assignees.
12.6 Three Wells™ Contact Information:
369 B Third St.
San Rafael, CA 94901
Email: [email protected]
© 2018 Three Wells. All Rights Reserved.