IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND COCOTERRA THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION ENTITLED “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
We reserve the right at any time, with or without cause, to change the terms and conditions of this Agreement. Any changes we make will be effective immediately upon our making such changes available via the CocoTerra Services or otherwise providing notice thereof. You agree that your continued use of the CocoTerra Services after such changes constitutes your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
PERMITTED USE OF SERVICES AND INFORMATION
The services made available on, by, or through the CocoTerra Services, as well as any information provided on, by or through the CocoTerra Services, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links, and references (collectively, the “Information”), are provided for personal use only. No Information or any other CocoTerra materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, without the written consent of CocoTerra or as expressly permitted herein or in the CocoTerra Services. CocoTerra permits you to view and print a reasonable number of copies of webpages located on the CocoTerra Services for your own personal use, but not for any for-profit or commercial purpose or for resale, provided that (a) you do not delete any of the trademarks, copyrights, and other proprietary notices contained in the original materials, (b) you provide attribution to CocoTerra, (c) the material is printed in its entirety without modification, reformatting, or adaptation of any kind, and (d) all uses of any such copies are subject to the terms and conditions of this Agreement. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise CocoTerra promptly of any such unauthorized use of which you are aware. Failure to abide by the conditions set forth in this section will immediately terminate the permission granted to you herein and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of CocoTerra or others.
If and when you register with or provide information to CocoTerra, you agree to (a) provide accurate, current, and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete at all times. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the CocoTerra Services, support, and/or Information.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through particular CocoTerra Services. These products or services may be available in limited quantities only and are subject to return or exchange only according to our Return Policy. We display as accurately as possible the colors and images of our products. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or CocoTerra Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
We may provide you with access to third-party recipes. We do not monitor or have any control or input over these recipes. You acknowledge and agree that we provide access to such recipes ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party recipes.
Any use by you of optional recipes offered through the CocoTerra Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which recipes are provided by the relevant third-party individuals or provider(s).
We may also, in the future, offer new services and/or features through the CocoTerra Services (including, the release of new recipes and resources). Such new features and/or services will automatically be subject to this Agreement.
PAYMENTS AND SUBSCRIPTIONS
For some of our products (e.g. CocoTerra chocolate makers, molds, molds inserts and mold decorations) you will need to make a one-time payment. Some other products (e.g. ingredients) may be purchased one-time or via a periodic subscription (“Subscription”).
General. Whether you make a one-time payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. You agree to provide current, complete and accurate purchase, account and billing information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in this Agreement or otherwise at the time of your purchase. All fees and applicable taxes, if any, are payable in United States dollars.
Subscriptions. If you purchase a Subscription, you will be charged the periodic Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and at the beginning of each new period thereafter at the then-current Subscription Fee, based on the frequency of the Subscription chosen by you. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE COCOTERRA TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each period on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. By agreeing to this Agreement and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or CocoTerra. Your Subscription continues until cancelled by you or until we terminate your access to or use of the CocoTerra Services or Subscription in accordance with this Agreement.
Cancelling one-time payment or Subscription. Unless otherwise specified at the time of purchase, you may only cancel a Transaction for a full refund within thirty (30) calendar days of your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can contact CocoTerra Support or cancel directly via your account on the CocoTerra Website or in the App. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period.
ORDER LIMITATION OR CANCELLATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the email and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
RIGHTS AND TERMS APPLICABLE TO THE APP
Subject to your compliance with this Agreement, CocoTerra grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
This Section applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. 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. You must also comply with any applicable third-party terms of service when using the App.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to (a) maintain any Comments in confidence; (b) pay compensation for any Comments; or (c) respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the CocoTerra Services or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
You agree that we may send you communications regarding your use of the CocoTerra Services and certain products, features, or services you may be interested in. To the extent you have opted to receive communications and newsletters, you hereby authorize CocoTerra to deliver such communications to you via email.
ERRORS, INACCURACIES AND OMISSIONS
Information made available via the CocoTerra Services may contain typographical errors, inaccuracies or omissions that may relate to, without limitation, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the CocoTerra Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Prices for our products and services are subject to change without notice. Further, we reserve the right to modify or discontinue the CocoTerra Services (or any part or content thereof) at any time without notice. CocoTerra will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the CocoTerra Services.
No specified update or refresh date applied in the CocoTerra Services or on any related website, should be taken to indicate that all information in the CocoTerra Services or on any related website has been modified or updated.
The CocoTerra Services are owned and operated by CocoTerra and its licensors, and the Information, and any intellectual property and other rights relating thereto, are and will remain the property of CocoTerra and its licensors and suppliers. The Information may be protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the CocoTerra Services or Information without our prior written permission. The Information and CocoTerra Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by CocoTerra or, if so indicated in writing by CocoTerra, its licensors or suppliers. Use of the CocoTerra Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the CocoTerra Services or Information.
The trademarks, logos, and service marks displayed on the CocoTerra Services, including, but not limited to, COCOTERRA®, CHOCOLATE FROM THE GROUND UP™, and MAGIC IN THE MAKING™, are trademarks of CocoTerra, CocoTerra licensors and suppliers, and/or others. Nothing contained in this Agreement or the CocoTerra Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark(s) without the express written permission of CocoTerra, CocoTerra licensors or suppliers, or the third party owner of any such trademark, except as set forth in the following paragraph.
In addition to other prohibitions as set forth in this Agreement, you are prohibited from using the CocoTerra Services or any content made available by CocoTerra: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the CocoTerra Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the CocoTerra Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the CocoTerra Services or any related website for violating this Section and any other prohibition contained in this Agreement.
NO USE BY CHILDREN UNDER 13
You hereby affirm that you are over the age of 13, as the CocoTerra Services is not intended for children under 13. If you are under 13 years of age, then you may not use the CocoTerra Services. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
TERM & TERMINATION
This Agreement is effective from the date that you first access the CocoTerra Services or submit any information to CocoTerra, whichever is earlier, and shall remain effective until terminated in accordance with its terms. CocoTerra may immediately terminate this Agreement, and/or your access to and use of the CocoTerra Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. CocoTerra may also terminate this Agreement immediately if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the CocoTerra Services shall immediately cease, and you shall destroy all copies of information that you have obtained from the CocoTerra Services, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all CocoTerra rights of ownership shall survive any termination. We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the CocoTerra Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the CocoTerra Services, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate CocoTerra to maintain and support the CocoTerra Services, or any part or portion thereof, during the term of this Agreement.
THE COCOTERRA SERVICES, INCLUDING BUT NOT LIMITED TO THE INFORMATION, IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND THE WEBSITE ARE CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE COCOTERRA SERVICES, OR YOUR USE OF THE COCOTERRA SERVICES, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR MEET YOUR EXPECTATIONS, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE COCOTERRA SERVICES, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE COCOTERRA SERVICES EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE COCOTERRA SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.
LIMITATION OF LIABILITY
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER COCOTERRA NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE WEBSITE, THE INFORMATION, OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR LINKED WEBSITE, AS APPLICABLE. NEITHER COCOTERRA NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED OR POSTED ON THE WEBSITE BY THIRD PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to fully indemnify, defend, and hold CocoTerra, our parent, subsidiaries, affiliates, partners, licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) your activities in connection with the CocoTerra Services; (c) your negligence or willful misconduct; (d) any service or product offered by you in connection with or related to your use of the CocoTerra Services; (e) your Comments or any other content made available by you via the CocoTerra Services and/or (f) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities.
CocoTerra makes no representation that the CocoTerra Services operate (or is legally permitted to operate) in all geographic areas or that the CocoTerra Services are appropriate or available for use in other locations. Accessing the CocoTerra Services from territories where the CocoTerra Services or any content or functionality of the CocoTerra Services or portion thereof is illegal is expressly prohibited. If you choose to access the CocoTerra Services, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws. The CocoTerra Services are operated from the United States. If you are located outside of the United States and choose to use the CocoTerra Services or provide your information to us, your information will be transferred, processed, and stored in the United States. U.S. privacy laws may not be as protective as those in your jurisdiction. Your agreement to the terms of this Agreement followed by your submission of your information in connection with the CocoTerra Services represents your agreement to this practice. If you do not want your information transferred to or processed or stored in the United States, you should not use the CocoTerra Services.
Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and CocoTerra agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that you and CocoTerra are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
Exceptions. As limited exceptions to Section 17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided in the subsection titled “Exceptions” above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. YOU AND COCOTERRA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability. With the exception of any of the provisions in the above subsection titled “Class Action Waiver”, if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement will still apply.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement may not be changed, waived or modified except by CocoTerra as provided herein or otherwise by written instrument signed by CocoTerra. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with CocoTerra’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. CocoTerra may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
THIS WEBSITE IS OPERATED BY
Effective March 15, 2021