TERMS OF USE

Last Modified: June 12 2019

These Terms of Use, including any policies, rules and other terms that are expressly incorporated herein by reference (collectively, the “Terms of Use”), sets forth a legally binding agreement between you and Glass House Group (“GHG,” “we,” “us,” or “our”).  These Terms of Use govern your use of any website that links to these Terms of Use, including the website located at www.cacannabisenterprises.com, and any content or functionality that is provided or made available through such websites (collectively, the “Site”), whether as a guest or a registered user (as applicable).  Please read these Terms of Use carefully before using the Site.

PLEASE TAKE NOTICE AND BE AWARE THAT SECTION 20 (DISPUTE RESOLUTION) OF THESE TERMS OF USE CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND GHG TO RESOLVE ANY AND ALL DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW SECTION 20 (DISPUTE RESOLUTION) OF THESE TERMS OF USE CAREFULLY.  

1. Acceptance of Terms

By accessing or using the Site (whether as a guest or a registered user, as applicable), or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound by these Terms of Use and to abide by all applicable laws with regard to your use of the Site. In addition to these Terms of Use, your access to and use of certain portions or aspects of the Site, or your ability to access and/or use certain content, features, or other functionality that is offered or made available to you through the Site, may require you to accept additional terms and conditions as applicable to any of the foregoing (collectively, “Additional Terms”). When using the Site, you shall be subject to any rules or policies applicable to such use that may be posted or made available to you through the Site from time to time (collectively, the “GHG Policies”). The Additional Terms and GHG Policies are hereby incorporated and made a part of these Terms of Use by this reference.

 

THESE TERMS OF USE GOVERN YOUR USE OF THE SITE. BY USING THIS SITE, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE, TO WHICH WE RESERVE THE RIGHT TO MAKE CHANGES FROM TIME TO TIME, CONSISTENT WITH APPLICABLE LAW.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE.

 

2. Age Requirements

You must be at least the age of 21, and fully able and competent to enter into and abide by the terms and conditions of these Terms of Use, in order to access and use the Site.  Individuals under the age of 21 are not eligible to use the Site and may not submit any personal information to us.  By accessing or using the Site, you represent and warrant that you are at least the age of 21, are legally entitled to enter into these Terms of Use, and have the right, authority and capacity to enter into and abide by the terms and conditions of these Terms of Use.

 

3. Modification to these Terms of Use

We will email you or post a notification on the Site in the event of any material changes to these Terms of Use.  Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Site.  Please check these Terms of Use periodically for changes.  Your continued use of the Site following our posting of any changes to these Terms of Use means that you accept those changes.  

 

4. Privacy Policy

Our Privacy Policy governs the processing of all personal data collected from you in connection with your use of the Site. 

 

5. Disclaimers and Acknowledgements

You expressly acknowledge, understand and agree that marijuana (cannabis) is listed on Schedule I of the Controlled Substances Act of 1970 (the “CSA”). Under the federal laws of the United States, manufacturing, distributing, dispensing and/or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for each of the foregoing. You further acknowledge, understand and agree that there is risk of federal prosecution for violation of the CSA even if you are fully compliant with applicable state and local laws, and any prosecution for violation of the CSA may result in incarceration, criminal and civil penalties and/or forfeiture of property.  You also expressly acknowledge and understand that the interstate transportation of marijuana is a federal offense, and that medical use is not recognized as a valid defense under federal laws regarding marijuana.

 

You acknowledge and agree that the use, possession, cultivation, manufacturing, transportation, and distribution of cannabis is illegal in your state of residence and in the state you are located unless all participants are acting completely within the scope of the state’s applicable laws.  While the Site may be accessed and used from various locations, in all cases you must abide by and follow the applicable laws of the state, city, county, municipality, or jurisdiction in which you are located in order to use the Site. You expressly acknowledge, agree, understand, and assume full responsibility for compliance with the applicable laws of your place of location while using the Site.

You acknowledge and agree that any statements relating to cannabis products, goods and/or accessories that are described or otherwise mentioned on the Site (collectively, the “Products”) have not been evaluated by the U.S. Food and Drug Administration (“FDA”). You further acknowledge, understand and agree that the Products have not been approved or endorsed by the FDA or any regulatory agency.  The Products are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease. You expressly acknowledge, understand and agree that any and all Product information that is provided or made available to you by or through the Site is provided and/or made available “as is” without any warranty or representation of any kind or nature, and that such Product information is designed for informational purposes only, and it is not intended nor shall it be considered or deemed to be a substitute for informed medical advice or care.  If you are pregnant, nursing, taking medication, or have a medical condition, you should consult with a medical physician before using any Products.

6. Account Access Information

In the event you are required to create an account to access any part of the Site, you must treat your account information (including, without limitation, your username, password, and any other piece of information required as part of our security procedures) as confidential, and you must not disclose the foregoing to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your username, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You agree to be responsible for any use of the Site or portions of it using your username, password, or other security information.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, if you have violated any provision of these Terms of Use.

7. Restrictions on Use

Solely for Personal Use  

You may browse the Site and all associated content, including, without limitation, any articles or recommendations that we may share, solely for your personal use and enjoyment.  This Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.  

Accuracy of Information as Condition to Site Access 

To access parts of the Site or some of the resources it offers, you may be asked to provide certain, sometimes personal, information.  It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.  

Restricted Transmission 

You agree not to use any device, software, or routine to interfere with the proper functioning of the Site.  In using the Site, you may not:

  • Transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including images and language;

  • Transmit any message that constitutes, encourages, or incites conduct that would constitute a criminal offense or give rise to civil liability;

  • Transmit or solicit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other proprietary rights; or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder; 

  • Transmit any information, software, or other material that contains a virus, trojan horse, time bomb, worm or other rogue programming or other harmful component;

  • Use any software, tool, data, device, or other mechanism to navigate or search the Site, other than generally available browsers or a search engine provided by us;

  • Frame or utilize framing techniques to enclose any aspect of the Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or

  • Use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.

 

Other Restrictions  

Additionally, you are prohibited from violating or attempting to violate any security features of the Site, including, without limitation:

  • Accessing content or data not intended for you or logging onto a server that you are not authorized to access;

  • Attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;

  • Interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”

  • Violating security features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or any content on the Site, including, without limitation, by use of any manual or automated software, devices, scripts bots, crawlers, spiders, data miners, scraping or other automatic access tools; 

  • Using the Site to send unsolicited e-mail, promotions or advertisements for products or services;

  • Forging any TCP/IP packet header or any part of the header information in any e-mail or posting; or

  • Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site.

Any violation of system or network security may subject you to civil and/or criminal liability.

8. User Covenants 

By accessing or using the Site, you agree to, acknowledge, and represent as follows: 

  • You understand that the services and information provided on and through the Site are intended for informational purposes only.

  • You will comply with all applicable federal, state or local laws (including, without limitation, those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement) in using the Site, including any services made available to you on or through the Site, and you will not perform or fail to perform any act that you know or reasonably should know would place us or our affiliates in violation of any applicable law.  You agree to comply with all laws and regulations regarding online conduct and acceptable content and regarding the transmission of technical data exported from the United States or the country from which you access the Site and the services provided on the Site.

  • You have the authority and capacity, under the laws of the state or jurisdiction in which you reside, to make the representations and be bound by the covenants provided herein.

9. Copyrights, Trademarks, and Other Proprietary Rights

When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others.  You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content (defined below) that you provide or transmit to us.

As between you and us, all content on the Site, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound, or any other digital media, is owned by us and/or our licensors and is subject to protection by patent, copyright, trademark, or other proprietary rights.  In addition, the entire content of the Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content.  Any feedback you provide to use relating to the Site, or the services provided on the Site, shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.

All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on the Site are the property of their respective owners, including, in some instances, us and/or our partner companies.  Nothing contained on the Site or these Terms of Use serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party.  

Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any content or material from the Site without express written permission from us and, if applicable, the respective copyright owner.  You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. 

10. Monitoring; Copyright Complaints

You agree that we have the right, but not the obligation, to monitor, suspend, terminate, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material, content, and/or activity anywhere on the Site.  Notwithstanding this right, we do not and cannot review all materials submitted to the Site.  If notified, we may investigate an allegation that content transmitted to us is in violation of these Terms of Use and determine whether to have the communication removed.  However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of the Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.  

 

Digital Millennium Copyright Act

We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe or otherwise violate the rights of others.  If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512): 

  • A physical or electronic signature of the 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 the Site are covered by a single notification, a representative list of such works at the 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 us to locate the material;

  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an e-mail address;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and 

  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Please send the written communication to our copyright agent by e-mail and by U.S. Mail to: 

California Cannabis Enterprises, Inc.

3645 Long Beach Blvd.

Long Beach, CA 90807

Attn: DMCA Agent

Email: info@cceholdings.com 

E-mail Subject: “DMCA Request”

 

11. User Content

You are, and shall remain, solely responsible for the content of any creative materials, including creative suggestions, submissions, images ideas, notes, drawings, photographs, concepts, blog posts, articles, or other information or communications (collectively “User Content”) you transmit to us via the Site, the Internet, e-mail, or otherwise.  User Content shall be and remain your property.  You hereby grant to us and our affiliates, the royalty-free, perpetual, irrevocable, worldwide, transferrable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, assign, commercialize, sub-license, perform, and display User Content, publish your name in connection with your User Content, and to incorporate any User Content in other works in any form, media, or technology now known or later developed.

 

You represent and warrant that you are the owner of or have the right to license User Content and that your User Content does not infringe, misappropriate or violate the intellectual property or other proprietary rights of any third party.  We will not be required to treat any User Content as confidential, and we may use User Content in our business (including, without limitation, for services or advertising) or for any other purpose without incurring any liability for royalties or any other consideration of any kind.  Subject to existing laws, you waive any moral rights that you may have in any User Content.  

12. Third-Party Sites 

We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) that are not affiliated with us and may be located in different countries and that may subject to different regulatory and other legal requirements.  We have not reviewed all of the Third-Party Sites linked to the Site and are not responsible for the content or services offered on such Third-Party Sites, including, but not limited to, any advertising, order processing and fulfillment, or payment terms related to such Third-Party Sites.  Access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the content or services offered by them.  We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices of such Third-Party Sites or retailers.  Complaints, claims, concerns, or questions regarding Third-Party Sites should be directed to the applicable third party.  

 

While we may provide links and locations of participating retailers and vendors who sell products or services online, we cannot control the completion or validity of the transactions of such retailers and vendors or the content of their Third-Party Sites.  These Third-Party Sites and store locations are only for your convenience and therefore you access them at your own risk.  However, we seek to protect the integrity of the Site and the links placed upon it.  We therefore welcome any feedback on not only our own Site, but also Third-Party Sites and retailers we link to and/or identify on our Site (e.g., if a specific link does not work).  

 

If we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit, or otherwise make available on those websites may be viewed by the general public.  We do not control any content information, including, without limitation, User Content, made available on social media pages and are not responsible for any third-party use of any information, including, without limitation, personally identifiable information, that you have posted, transmitted, or otherwise made available there.

 

13. Site Updates

We will not be liable if, for any reason, all or part of the Site is ever unavailable.  We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.  We undertake no obligation to update, amend, or clarify information on the Site, except as required by law.  No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site has been modified or updated.  Please remember when reviewing information on the Site that such information may not represent the complete information available on a subject.  In addition, subsequent events or changes in circumstances may cause existing information on the Site to become inaccurate or incomplete. 

On occasion, information on the Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions.  We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information if any information on the Site is inaccurate. 

14. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE (INCLUDING INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE) IS AT YOUR SOLE RISK. THE SITE (INCLUDING INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE (INCLUDING INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE SITE WILL BE CORRECTED.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF SUCH MATERIAL.

 

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.  WE MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO, AND ASSUME NO RESPONSIBILITY FOR, THE CORRECTNESS, SUFFICIENCY, COMPLETENESS, OR EFFICACY OF THE INFORMATION, MATERIALS OR STATEMENTS PROVIDED OR MADE AVAILABLE THROUGH THE SITE OR ON ANY THIRD-PARTY SITES.   WE DO NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND, THEREFORE, WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY WITH REGARD TO ANY ACTS OR OMISSIONS RESULTING FROM YOUR USE OF THE SITE. WE ALSO DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE.  WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, OR MATERIALS PROVIDED OR MADE AVAILABLE TO YOU BY OR THROUGH THE SITE ARE FREE OF VIRUSES, CONTAMINATION, DESTRUCTIVE FEATURES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE (INCLUDING ANY CONTENT OR INFORMATION THAT IS PROVIDED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE SITE) IS TO STOP USING THE SITE. THE FOREGOING LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US UNDER THESE TERMS OF USE.  PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

15. Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLE FORESEEABLE), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) ANY ACT OR OMISSION BY YOU THAT IS BASED (IN WHOLE OR IN PART) ON ANY INFORMATION, STATEMENT OR CONTENT THAT IS PROVIDED OR OTHERWISE MADE AVAILABLE TO YOU BY OR THROUGH THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER CONTENT OR OTHER DATA; OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE.  IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF GHG AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO YOU, FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND/OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW; PROVIDED, HOWEVER, THAT ALL OTHER TERMS AND PROVISIONS OF THESE TERMS OF USE WILL REMAIN IN FULL FORCE AND EFFECT.

16. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, our subsidiaries, and each of our and their respective shareholders, members, managers, directors, officers, employees, personnel, agents, successors and assigns (collectively, the “GHG Parties”) from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with: (i) your violation or breach of these Terms of Use; (ii) your use of the Site; (iii) your violation of any rights of any third party; or (iv) any claim relating to your User Content.  This indemnification obligation will continue after you stop using the Site.

 

YOU HEREBY EXPRESSLY RELEASE EACH OF THE GHG PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR SUITS IN CONNECTION WITH YOUR USER CONTENT, INCLUDING ANY LIABILITY RELATING TO THE GHG PARTIES’ USE OR NON-USE OF YOUR USER CONTENT, CLAIMS FOR DEFAMATION, INVASION OF PRIVACY, RIGHT OF PUBLICITY, EMOTIONAL DISTRESS, AND/OR ECONOMIC LOSS.  WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM AND MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AT YOUR EXPENSE, AND YOU SHALL NOT IN ANY EVENT SETTLE OR OTHERWISE DISPOSE OF ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.

17. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage. 

18. Notices

We may send you responses or notices by e-mail, posting to the Site, or written communication sent by U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  

 

19. Governing Law

These Terms of Use and your use of the Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of California, U.S.A., without giving effect to any principles of any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the laws of any jurisdiction other than those of the State of California to apply.

 

20. Dispute Resolution

Arbitration and Venue 

Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts.  Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.  

Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute.  The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion.  However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses.  The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).

Final Arbitration 

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information.  Neither party may use, disclose, or divulge any such information unless otherwise required by law.

Class Action Waiver

To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.  You agree to an arbitration on an individual basis.  In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.  The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

21. Miscellaneous

The division of these Terms of Use into sections and the headings of the various sections in these Terms of Use are for convenience of reference only and shall not affect the construction or interpretation of these Terms of Use.  You acknowledge and agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to these Terms of Use.  Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use.  We may assign our rights and duties under these Terms of Use to any party at any time without notice to you and without your express consent.  You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent.  Any purported assignment or delegation in violation of this Section is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms of Use.  There shall be no third-party beneficiaries to these Terms of Use. Any provision of these Terms of Use that contemplates performance or observance subsequent to any expiration or termination of these Terms of Use, or which is otherwise necessary to interpret the respective rights and obligations of the parties hereunder, shall survive any expiration or termination of these Terms of Use and continue in full force and effect.  If any provision of these Terms of Use shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  These Terms of Use, together with our Privacy Policy and all other documents incorporated herein by reference, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede any and all written or oral agreements previously existing between the parties with respect to such subject matter.  

22. Notice for California Users

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.  We may be contacted via e-mail at info@glasshousegroup.com

23. Questions

If you have any questions or comments regarding these Terms of Use, our Privacy Policy or the Site, please feel free to contact us by e-mail at info@glasshousegroup.com or via our Let’s Connect form.

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