TERMS AND CONDITIONS
Please read the following general website Terms and Conditions (these “T&Cs”, “TOS” or “Agreement”) carefully before accessing the archerandolive.com websites (the “Site”), before registering an account on the Site (“Account”), reviewing any information or blog posts, submitting any comments to the Site or using the various Products offered for sale, as defined below, so that you (“Customer,” “User”) are aware of your legal rights and obligations with respect to Archer and Olive, LLC, the Site and any of its affiliates, parents and subsidiaries (individually and collectively, “Archer and Olive,” “the Company,” “we,” “us” or “our”).
Description of the Site: The Site is designed to allow users to view the Company descriptions of services and blog, receive newsletters with information and offers, comment on the Site blog posts, and purchase related products, including but not limited to downloadable books, courses, files, and Company merchandise. The Site enables its customers, users and visitors (together “Customers”) to view information related to its various products and services, including but not limited to downloadable content, the sale of notebooks, planners and other merchandise (together, the “Products”). The Company may also impose limits on certain Site services and features (together “Services”), limit any Products or Services, and restrict access to parts of the Site or to the entire Site in The Company’s sole and absolute discretion and without notice or liability to anyone.
These T&Cs apply to all Users of the Site. The Site may include proprietary and third party information, including but not limited to all products, pictures, reviews, labels and other information supplements, in textual, visual, audio, video or other digital formats offered via the Site.
Certain Company Products, including electronically downloadable courses (“E-courses”), may be provided through Teachable.com. For such Products, both these T&Cs and any applicable Teachable.com terms of service will govern the transaction.
- IMPORTANT INFORMATION TO NOTE:
BY ENTERING YOUR EMAIL ADDRESS AND MAILING ADDRESS ON THIS SITE, YOU AGREE TO RECEIVE FREE CONTENT AND PROMOTIONAL OFFERS FROM THE COMPANY. USER ACCESS TO THE SITE IS VOID AND UNAUTHORIZED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.
Registration: In order to have access to certain Services, including but not limited to purchasing Products on the Site, you may create an Account either directly on the Site, as prompted by The Company’s registration form or social media account connection. You may never use someone else’s Account.
During registration, The Company may require the Submission of certain information about you. Registration Data may include your e-mail address, user name, password, phone number and mailing address. When prompted for such information, you agree to provide accurate, current and complete information about yourself (“Registration Data”). You also represent that The Company may rely on your Registration Data as accurate, current and complete. You agree to maintain and update your Registration Data to keep it accurate, current and complete. The Company reserves the right, in The Company’s sole and absolute discretion, to terminate your Account for inaccurate, untrue, deceptive or incomplete Registration Data.
Username and Password: As part of the registration process, you may be asked to select a username and password. The Company may refuse to grant to you any username, which in The Company’s sole and absolute discretion, is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive or those that may cause confusion. These are only some examples of invalid usernames and The Company reserves the sole right, at The Company’s own discretion, to deem any username invalid.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND FOR ANY AND ALL PURCHASES, COMMUNICATIONS AND OTHER ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. YOU AGREE NOT TO TRANSFER, SELL OR RESELL YOUR ACCOUNT, OR OTHERWISE PROVIDE ACCESS TO THE SITE, THROUGH THE USE OF YOUR ACCOUNT, TO ANY THIRD PARTY.
Term and Termination: The Company may decide at any time in its sole and absolute discretion whether to remove or terminate a Customer’s access to the Site, its Services or any Product, for any reason, including but not limited to violations of these T&Cs. The Company may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during or subsequent to registration or purchase. Such termination is effective when executed by The Company or upon transmittal by us. However, your obligations of indemnification pursuant to these T&Cs shall survive any termination or the cancellation of Account.
Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity or enforceability of these T&Cs for the time period prior to your request and during the time period needed for The Company to reasonably act to comply with your request.
Unless otherwise stated in writing, the relationship between Customer and The Company shall continue indefinitely.
Content on Site: All information provided on the Site is believed to be accurate at the time of publication. Please note that we may display an image of only one of the sizes of a Product, as images for all sizes may not be available.
You may access such information solely:
- For your general information and personal use; and
- As intended through the normal functionality of the Site.
THIS SITE MAY INCLUDE CONTENT PROVIDED BY THIRD PARTIES AND CUSTOMERS. THE COMPANY IS A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER.
The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use
Proprietary Rights of Content: The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features, (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to The Company, subject to all intellectual property rights, including but not limited to trademark, copyright, licensing, patent, trade secret and other proprietary rights laws. The copying, redistribution or publication by you of any part of the Site, Services or Products is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Products or other materials viewed at, on or through the Site, Services or Products. The posting of information or material at or on the Site by The Company does not constitute a waiver of any right in such information and materials. All images, text, design and layouts are copyright protected under the Federal Copyright Law and are the sole property of The Company or its licensors. No form of reproduction of these images and photographs, including downloading, copying or saving of digital image files is authorized without the express written consent of The Company.
Content Submitted by Customers: Customers may submit or post personal reviews, opinions or experiences regarding blog posts on the Site. The personal reviews, opinions or experiences are those of the respective Customers and not of The Company, and should not necessarily be relied upon. Customers who post any content are solely responsible for the accuracy, completeness or usefulness of such content. The Company does not guarantee the accuracy, completeness or usefulness of any information made available by Customers on the Site and neither adopts, endorses, nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Site. Customers understand and agree that The Company will not be responsible for, and Customers hereby agree to hold The Company harmless from, any and all loss or damage resulting from anyone’s reliance on information or other content posted on the Site by other Customers of the Site.
Customer Submissions and Comments. This section governs the Submission of any comments or other content to the Site. As Customers, you may post comments on various Site blog posts (“Submission(s)”). Customers agree that whether published or not, The Company does not guarantee the confidentiality of their Submissions. The Company does not condone or tolerate the submission of illegal or inappropriate content. By posting your Submissions, or attempting to post your Submissions, you hereby agree, and are fully subject, to these content terms (“Content Terms”). These Content Terms govern each and every Submission that you post to the Site. In consideration for posting your Submissions to the Site, you represent, warrant and agree that:
- Are eighteen (18) years of age or older
- Are an emancipated minor and you are no younger than thirteen (13) years of age
- Possess the necessary legal parental or guardian consent to enter into these T&Cs and you are no younger than thirteen (13) years or age;
- You, and any other individual(s) portrayed or identified in the Submissions, were at least eighteen (18) years of age at the time that the Submissions were taken, made or created or you have previously obtained from their legal parent or guardian the consent for such use, publication and display.
- The Submissions do not contain obscene material, as defined under US local, state or federal law, including, but not limited to, violence, other illegal activities, nudity or contraband;
- You have full rights to use and dispose of any rights including, without limitation, any and all copyrights, associated with the Submissions;
- You agree to defend, indemnify, and hold harmless The Company, its parents, subsidiaries, affiliates, heirs and assigns from any disputes, complaints, or legal action taken against you for intellectual property infringement activity related to the Submissions, including, but not limited to, trademark, copyright, or patent infringement;
- No other party has any rights, including intellectual property rights, to the Submissions;
- The Company may, in its sole and absolute discretion, choose to screen Submissions and reject any Submissions for any reason or no reason;
- You waive any right that you may have to inspect or approve any finished product or copy using or incorporating the Submissions, or the use to which the Submissions may be applied;
- The Company may include or add editorial copy and other writings or graphics to the Submissions;
- You are subject to any other guidelines, rules and regulations that may appear at the Site; and
- Neither you nor anyone else will receive, either now or in the future, any compensation for the Submissions.
Online Conduct: You agree to use the Site in a manner consistent with any and all applicable laws and regulations as they now exist or may herein after be promulgated. You agree not to:
- Post, or attempt to post, any text, audio, photographs, videos or other images containing offensive or confidential information;
- Impersonate any person or entity;
- “Stalk” or otherwise harass any person via the Site;
- Engage in advertising to, or solicitation of, other Customers to buy or sell any products or services through the Site;
- Transmit any spam or junk e-mail to other Customers;
- Express or imply, without The Company’s specific, prior, written consent that any statements you make are endorsed by The Company;
- Harvest or collect personal information about other Customers, whether or not for commercial purposes, without their express consent;
- Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of The Company or the owner of such proprietary rights;
- To access Submissions or the Site through any technology or means other than through the means provided on the Site themselves or other explicitly authorized means The Company may designate;
- Remove any copyright, trademark or other proprietary rights notices contained on the Site;
- Interfere with or disrupt the Site, or the servers and networks connected to the Site;
- Post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site;
- “Frame” or “mirror” any part of the Site, without The Company’s specific, prior written authorization;
- Use metatags, code or other devices containing any reference to The Company or the Site in order to direct any person to any other website for any purpose; or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so; and
- To use the Site, including any tools or technologies made available therein, for any commercial purpose, without the prior written consent of The Company. Prohibited commercial uses include any of the following actions taken without The Company’s express consent: (i) sale of access to the Site, Products or Services on another website; or (ii) use of the Site, Products or Services for the primary purpose of gaining advertisements or subscription revenue.
The Company reserves the right, but has no obligation, to reject any Account or Submission that does not comply with these prohibitions in The Company’s sole and absolute discretion. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of these T&Cs and may result in the immediate termination of your Account pursuant to the terms of these T&Cs. The Company reserves the right to pursue any and all legal remedies against Customers who engage in any of the aforementioned prohibited conduct. However, in any event, The Company assumes no responsibility for the conduct of other Customers of the Site.
License Grant: Company grants to the User a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content), Products or Services in accordance with this Agreement. The Company retains the right to terminate this license, without notice, in The Company’s sole and absolute discretion, at any time for any reason whatsoever. The Company also reserves any rights not explicitly granted in these T&Cs.
No part of the Site, Products or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Products or Services, or any portion thereof. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Site, Products or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.
Digital Millennium Copyright Act
- If you are a copyright owner or an agent thereof and believe that any Submissions or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing The Company’s Copyright Agent (defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for more detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- The Company’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent c/o Bonnie Kuhl, firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Counter-Notice: If you believe that your Submissions that were removed (or to which access has been disabled) were not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your Submissions, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
- Your name, address, telephone number, and e-mail address;
- a statement that you consent to the jurisdiction and venue of the United States Federal District Court in Travis County, Texas, USA; and
- a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Indemnification: You agree to indemnify, defend and hold The Company, and its subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, employees, heirs, and assigns (each a “Covered Party”), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, attorneys’ fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site, its Services or the Products, or (ii) arising from your violation or breach of any term of these T&Cs or any policies, rules or guidelines referenced herein.
Warranties: You expressly agree that access or use of the Site or its Services is at your sole risk. The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Site and Services may contain bugs, errors, problems or other limitations.
The Company and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Site, Services or Products to the fullest extent permitted by applicable law. The Company and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
The negation of damages set forth above is a fundamental element of the basis of the bargain between you and The Company. The Site, Services and Products would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from The Company through the Site or Services shall create any warranty, representation or guarantee not expressly stated in this Agreement. The Company is not responsible to you or any third party, without limitation, for: 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of, Customer's communications; 2) the conduct of any Customers, whether online or offline; 3) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or 4) any infringement of another’s rights, including intellectual property rights.
The Company shall not be liable to you for any Products, Content or information available supplied by third parties, even if obtained through the Site or Services. If you are dissatisfied with the Site, Services or with this Agreement, your sole and exclusive remedy is terminated access and discontinued use of the Site and Services.
THE COMPANY MAKES NO WARRANTY THAT (I) THE SITE OR ANY INFORMATION THEREIN WILL MEET ANY PARTICULAR REQUIREMENT OR EXPECTATION, (II) THE SITE ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR PRODUCTS WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY, ACCURACY, LIKELY RESULTS OR RELIABILITY OF ANY PRODUCTS, SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Third-party Websites: The Site may contain links to other websites owned and operated by The Company, as well as links, banner advertisements, pop-ups or other online methods to redirect you to other third-party websites not owned or controlled by The Company. The Company has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third-party site. By using the Site, you expressly relieve The Company from any and all liability arising from your use of any third-party website. Furthermore, The Company does not endorse, and is not responsible or liable for, any content, advertising, services, products or other materials at or available through such third-party websites or resources, or for any damages or losses arising therefrom.
Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will bound by the terms and conditions, policy policies, and rules and regulations of any The Company or third-party website you access through the Site.
Miscellaneous: Should any part of this Agreement be held invalid or unenforceable, that portion shall be revised to the extent that is possible to carry out the parties’ intent. If such revision is not possible, that portion shall be severed and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
The Company’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement.
You expressly authorize The Company to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
The titles and subtitles used in this Agreement are used for convenience only and shall not be considered in the interpretation of this Agreement.
This Agreement and any exhibits attached hereto constitute the entire agreement of The Company’s Terms of Service and supersede all prior agreements between you and The Company with respect to the Site, Services and Products provided herein.
Legal Warning: Any attempt by any individual, whether a Customer's or otherwise, to damage, destroy, tamper with, vandalize or otherwise interfere with the operation of the Site or Services, is a violation of criminal and civil law. The Company will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Taxes: You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through the Service, including any district taxes in your jurisdiction.
YOU EXPRESSLY AGREE THAT ALL ORDERS THAT SHIP OUTSIDE THE UNITED STATES MAY BE SUBJECT TO ADDITIONAL VALUE ADDED TAX (“VAT”) OR OTHER IMPORT TAXES THAT VARY ACCORDING TO COUNTRY AND JURISDICTION. YOU ARE RESPONSIBLE FOR SUCH ADDITIONAL TAX PAYMENTS. ARCHER AND OLIVE, LLC DOES NOT CALCULATE OR COLLECT SUCH ADDITIONAL TAX AMOUNTS AT THE TIME OF PURCHASE.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS OTHERWISE PROHIBITED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE, SERVICES OR PRODUCTS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, OFFERS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE, SERVICES OR PRODUCTS; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (V) USE, CONSUMPTION, OR PURCHASE OF PRODUCTS SOLD BY ARCHERANDOLIVE.COM OR THE COMPANY; (VI) ANY OTHER MATTER RELATING TO THE SITE, PRODUCTS OR SERVICES. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF PURCHASES MADE THROUGH THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE, SERVICES OR PRODUCTS.
Return Policy: To return a purchased Product and receive a refund, please send written notice of your intent to make the return to email@example.com within fourteen (14) days of the Product’s delivery. The Product must follow Company’s directions to return the Product and complete delivery to Company within thirty (30) days of its original delivery to the customer. For purchases of downloadable e-course products, The Company will not provide a refund for a request that is received by The Company more than thirty (30) days after the date of original download. All other sales, including merchandise and downloadable products, are final and are not subject to refund.
- Governing Law and Dispute Resolution:
This Agreement shall be treated as though it were executed and performed in Travis County, Texas, USA and shall be governed in all respects by the laws of the State of Texas without regard to its conflicts of laws provisions.
Before resorting to the formal dispute resolution steps listed below, The Company requires you to first contact us directly to seek a resolution by sending an email to firstname.lastname@example.org. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall first be submitted to mediation in Austin, Travis County, Texas by a mediator appointed by The Company. Both parties will share the costs of mediation. If the dispute is not resolved after attempted mediation in good faith, the matter shall be settled by a district court in Austin, Travis County, Texas.
Except as otherwise provided in this Agreement or prohibited by law, the parties agree that any dispute or controversy arising out of, relating to or in connection with the interpretation, validity, construction, performance, breach or termination of this Agreement will be resolved by arbitration in Travis County, Texas in accordance with the Federal Arbitration Act (“FAA”) and the rules of the American Arbitration Association (“AAA”) that are in effect at the time of this Agreement. If there is a conflict between the applicable AAA Rules and this Agreement, this Agreement will govern. Any award shall be final, binding and conclusive upon the parties. A judgment upon the award rendered may be entered in any court having jurisdiction thereof in Travis County, Texas. Any lawsuits stemming from this Agreement shall be filed and heard in the District Court of Travis County, Texas. CONSENTING TO ARBITRATION MEANS THAT YOU WAIVES YOUR RIGHT TO A JURY TRIAL. ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL BASIS. AS A RESULT, NEITHER PARTY MAY (I) JOIN OR CONSOLIDATE CLAIMS RELATED TO THIS AGREEMENT IN ARBITRATION BY OR AGAINST OTHER PARTIES; (II) LITIGATE IN COURT A CLASS ACTION OR OTHER LAW SUIT; OR (III) ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Notwithstanding the foregoing, you acknowledge that violation of these Terms and Conditions may cause Company to suffer immediate and material irreparable harm with incalculable damages that would be inadequately remedied by money damages. In response to such violations, Company may seek immediate equitable relief against you, including, but not limited to, specific performance, temporary restraining order and injunctive relief, without first pursuing informal resolution or mediation.
Typographical Errors: In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from a supplier, The Company shall have the right to refuse or cancel any orders placed for Product listed at the incorrect price. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Company shall immediately issue a credit to your credit card account in the amount of the charge.
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