Terms of Use

Purchase Green Terms of Use

These Terms of Use (hereinafter, the “Terms”) are a legal contract between you and Purchase Green Artificial Grass, (hereinafter, “Purchase Green”, “us” or “we”), and set forth the terms and conditions which govern your use of the website located at the URL: https://www.purchasegreen.com and its subdomains (hereinafter, the “Site”), and the text, graphics, videos, photographs and other content (collectively referred to as “Materials”) made available on the Site.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING THE SITE. BY USING ANY PART OF THE SITE AND/OR MATERIALS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE OR ANY MATERIALS AND MUST IMMEDIATELY CEASE SUCH USE. PURCHASE GREEN MAY MODIFY THESE TERMS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED TERMS ON THE SITE. BY USING THIS SITE AFTER PURCHASE GREEN HAS UPDATED THESE TERMS, YOU ARE AGREEING TO ALL THE UPDATED TERMS; IF YOU DO NOT AGREE WITH ANY OF THE UPDATED TERMS, YOU MUST STOP USING THE SITE.

NOTE: THESE TERMS CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH PURCHASE GREEN. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

Using the Site.

By using the Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age (a “Minor”), that you are using the Site with the consent of your parent or legal guardian who has agreed to these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a Minor, you are fully responsible for the Minor’s use of the Site, including all legal liability he or she may incur.

In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to access the Site and display the Materials; your right to use the Materials is conditioned on your compliance with these Terms. You have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit the Site or any of the Materials in any manner. If you make copies of any of the Materials then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Site.

Unfortunately, if you breach any of the terms of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

Prohibited Activities.

You are authorized to use the Site only for personal use (the “Permitted Purpose”). Any other use of the Site beyond the Permitted Purpose is prohibited and, therefore, constitutes unauthorized use of the Site. This is because as between you and Purchase Green, all rights in the Site and Materials remain our property.

Unauthorized use of the Site may result in violation of various United States and international copyright laws. If we determine that you act in bad faith in violation of these Terms, or if we determine that your actions fall outside of reasonable community standards, we may, in our sole discretion, terminate your right to use the Site. By way of example, you specifically agree that you shall not:

• use the Site or any Materials for any public or commercial purpose, which includes use of the Materials on another site or through a networked computer environment;
• copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Materials, information, software, products or services obtained through the Site;
• transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;
• impersonate any person or entity, including without limitation, any Purchase Green official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
• Post anything that exploits children or minors or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Alter the opinions or comments posted by others on this Site.
• Post anything clearly false or misleading.
• Post anything unrelated to our business, products or services.
• Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.

This list of prohibitions provides examples and is not complete or exclusive.  Purchase Green reserves the right to terminate your access to the Site, with or without cause and with or without notice, for any reason or no reason, or for any action that Purchase Green determines is inappropriate or disruptive to the Site or to any other user of this Site.  Purchase Green may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.  When legally required or at Purchase Green’s discretion, Purchase Green will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

You agree to indemnify and hold Purchase Green and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Purchase Green or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

Links to Third-Party Sites.

We may provide links from the Site to third-party websites (“Third-Party Sites”), including, but not limited to, links to websites owned by third parties who manage the sales of our branded merchandise. If you use these links, you will leave the Site. Purchase Green provides these links to you as a convenience, and we do not verify, make any representations, or take responsibility for the Third-Party Sites, including the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, or other activities conducted on or through the Third-Party Sites. Therefore, unless specifically stated on the Site, we do not endorse or make any representations about Third-Party Sites or any information, material, or results that may be obtained through the use of Third-Party Sites. If you decide to access any of the Third-Party Sites linked to by the Site, you do so entirely at your own risk, and you must follow the privacy policies and the terms and conditions for those Third-Party Sites.

YOU AGREE THAT PURCHASE GREEN WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE, FOR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED TO ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

Online Purchases.

You agree to pay any fees applicable to your use of the Site, including but not limited to fees and charges applicable to your purchases. We may suspend or terminate your account and/or access to the Site and/or Materials if your offered payment method (e.g., credit card) cannot be processed. By providing a payment method, you expressly authorize us and/or our third party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto, all of which depend on the services you utilize and the products you purchase.  You agree that we may charge any unpaid amounts to your provided payment method and/or send you a bill for such unpaid fees.

You may be permitted to purchase a variety of products (“Products”) through the Site’s storefront. To do so, you must supply certain information relevant to your transaction, including, without limitation, your credit card number, the expiration date of your credit card, the name on your credit card, and/or your billing address. Once you have submitted your payment information, we or our third party fulfillment partner will authorize the payment and send you a confirmation email.

All descriptions, images, features, specifications and prices of the Products are subject to change at any time without notice. The inclusion of any Product on the Site does not imply or warrant that such Product will be available. We reserve the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product.

If you request that Products be shipped to you, the Products you purchase will be shipped in accordance with the shipping method you select when placing the order and our then-current shipping policies. All orders will be processed and fulfilled by our third party fulfillment partner. You acknowledge that any delivery dates we may provide are non-binding estimates only and that you have no claim against Purchase Green for delays or early deliveries. We reserve the right to make deliveries in installments.

You should inspect your package to ensure the contents arrive undamaged. If you are not present when a delivery arrives, the delivery person may leave the package for you at your door.

Purchase Green is not responsible for:

• Items delivered to incorrect addresses supplied by you or the recipient of the product.
• Delays resulting from inclement weather, natural disaster or other unforeseen circumstances.
• Delivery issues arising from the recipient not being present at the time of delivery at the address supplied by the you or recipient.
• Decreased product quality due to an incorrect delivery address supplied by the you or the recipient, or a re-route requested by the you or the recipient.
• Product quality problems caused by improper handling by you or the recipient.

All claims for damaged or missing shipments must be made by through our third party fulfillment partner. Please see our policies at https://shop.purchasegreen.com/ for more information about orders, shipping and returns.  If you do not agree to be bound by such policies, you may not purchase Products from the Site.

Electronic Communications.

By using the Site and/or the Materials, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site, Materials, Products or your purchases. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy Policy.

We respect the information that you provide to us and want to be sure you fully understand exactly how we use that information. Please review our privacy policy https://www.purchasegreen.com/privacy-policy/ (the “Privacy Policy”), which further explains how Purchase Green collects and uses the information that we obtain through users’ use of the Site.

Proprietary Rights.

The trademarks, service marks, and logos of Purchase Green (“Our Trademarks”) used and displayed on various parts of the Site are registered and unregistered trademarks or service marks of Purchase Green. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks” and, collectively with Our Trademarks, the “Trademarks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Our Trademarks inures to our benefit.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Site are our sole property, or the property of our suppliers and licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Reporting Violations of Your Copyrights or other Intellectual Property Rights.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Purchase Green infringe your copyright, you, or your agent may send to Purchase Green a notice requesting that the material be removed or access to it be blocked.

If you believe your copyright or other intellectual property right is being infringed by a user of the Site, please provide written notice to our agent for notice of claims of infringement at: [email protected]. To be sure the matter is handled immediately, your written notice must:

• Contain your physical or electronic signature;
• Identify the copyrighted work or other intellectual property alleged to have been infringed;
• Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
• Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
• Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
• Contain a statement that the information in the written notice is accurate; and
• Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern. Please be aware that there can be penalties for false claims under the DMCA.

Disclaimer of Warranties.

Your use of the Site is at your own risk. The Materials may include inaccuracies or typographical or other errors. Purchase Green does not warrant the accuracy or timeliness of the Materials contained on the Site and we have no liability for any errors or omissions in the Materials, whether provided by Purchase Green, our licensors or suppliers, or other users.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”, AND THE ENTIRE RISK AS TO THEIR USE IS WITH YOU.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR MATERIALS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE SITE, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EXCEPT AS EXPRESSLY SET FORTH HEREIN PURCHASE GREEN DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT. THE FOREGOING DISCLAIMER OF WARRANTY, HOWEVER, DOES NOT APPLY TO ANY PRODUCT OR MANUFACTURER WARRANTY EXPRESSLY OFFERED BY PURCHASE GREEN AND/OR ANY THIRD-PARTY MANUFACTURER OF MERCHANDISE.

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PURCHASE GREEN NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE OR MATERIALS; (ii) ANY CONTENT CONTAINED ON OR ACCESSED THROUGH THE SITE; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR IN THE MATERIALS; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT OR MATERIALS ON OR ACCESSIBLE THROUGH THE SITE, OR (vii) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL PURCHASE GREEN’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SITE AND/OR FOR THE PRODUCT(S) PURCHASED IN THE RELEVANT TRANSACTION.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT PURCHASE GREEN’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.

Indemnification.

You agree to indemnify, defend, and hold Purchase Green and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these Terms, and/or (ii) your access or use of the Site. This Section shall survive in the event these Terms are terminated for any reason.

Jurisdictional Issues.

Purchase Green controls and operates the Site from the United States of America and makes no representation or warranty that the Site, Materials or Products are appropriate or available for use in locations outside the United States. Those who choose to purchase Products or access the Site and/or Materials from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Purchase Green reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site and/or Materials to any person, geographic area, or jurisdiction we so desire, and/or to limit the quantities of any Products that we provide.

Feedback.

To the maximum extent permitted by applicable law, any submissions you provide to us regarding the Site, Materials and/or Products (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign to us all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable and/or subject to copyright, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Termination.

You agree that Purchase Green, in its sole discretion, may terminate your account, or use of the Site or Materials (in whole or in part), and remove and discard any content from the Site, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. In the event that we suspend or terminate your access to the Site, you will continue to be bound by the terms of these Terms that were in effect as of the date of your suspension or termination.

Dispute Resolution and Arbitration; Class Action Waiver.

Please read the following Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) carefully.  It affects your rights. 

Please read this Provision carefully. It provides that all Disputes (as defined below) between you and Purchase Green arising out of these Terms shall be resolved by binding arbitration. Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).

For purposes of this Provision, “Purchase Green” means Purchase Green Artificial Grass and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Purchase Green regarding, arising out of or relating to any aspect of your relationship with Purchase Green, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Purchase Green’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

YOU AND PURCHASE GREEN EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give Purchase Green an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Purchase Green, 1925 Wright Ave., Suite A & B, La Verne, CA 91750. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Purchase Green does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or Purchase Green may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Purchase Green, 1925 Wright Ave., Suite A & B, La Verne, CA 91750. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Purchase Green through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Purchase Green. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Purchase Green may initiate arbitration proceedings. The Judicial Arbitration and Mediation Services (“JAMS”), www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced or maintained or heard as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or Purchase Green may initiate arbitration in either Los Angeles County, California or the federal judicial district that includes your billing address. However, if Purchase Green initiates the arbitration in Los Angeles County, you shall have the right to have the arbitration transferred to the JAMS office within the federal judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – Purchase Green will pay all arbitration filing fees and JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Purchase Green as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Purchase Green specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you.  Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge Or Jury In Arbitration

Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms you and Purchase Green are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Purchase Green might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your service, subscription or agreement with Purchase Green or its affiliates. Notwithstanding any provision in these Terms to the contrary, we agree that if Purchase Green makes any change to this Provision (other than a change to the notice address), you may reject any such change and require Purchase Green to adhere to the present language in this Provision as of the day you entered into these Terms if a dispute between us arises.

General Information And Choice Of Law And Venue.

As to all Disputes, whether in arbitration or in court, the Federal Arbitration Act, California state law, and applicable U.S. federal law, without regard to their choice of law or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms, the Site, the Materials or the Products will be heard in the federal or state courts located in Los Angeles in the State of California. If any terms of these Terms are found to be inconsistent with applicable law, then such terms shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Our failure to enforce any provisions of these Terms is not a waiver of such term. The section titles in these Terms are for convenience purposes only and have no legal or contractual effect. These Terms is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign these Terms to any third party whom we choose without your consent. No waiver by Purchase Green of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.  The Arbitration Agreement and Class Action Waiver, and the proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

California Consumer Notice.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Site is provided by Purchase Green, 1925 Wright Ave., Suite A & B, La Verne, CA 91750. If you have a question or complaint regarding the Site, please contact [email protected]. You may also contact us by writing Purchase Green, 1925 Wright Ave., Suite A & B, La Verne, CA 91750, Attn.: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Boulevard, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Contact Us.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at Purchase Green, 1925 Wright Ave., Suite A & B, La Verne, CA 91750,  or by email at [email protected].