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Terms of Use

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Terms of Use

 

THESE TERMS OF USE (THE “Terms”)ARE A LEGAL CONTRACT BETWEEN YOU AND [POWER BRANDS consulting llc] (THE “Company”, “We” or “Us”) as operator of this website onbehalf of Mondelēz Global LLC (“MG”).  THE TERMS EXPLAIN HOW YOU ARE PERMITTED TOUSE THE WEBSITE LOCATED AT THE URL: [www. ruckusandcosnacks.com]  (THE “Site”). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOTAGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE,ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THISSITE.

 

NOTE:  THESE TERMS CONTAIN ADISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVERTHAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAYHAVE WITH THE COMPANY.  YOU MAY OPT OUTOF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDEDBELOW. 

 

Your Agreement

 

By accessing or using this Site,you agree to all the Terms and to our Privacy Policy (as defined below). If youdo not agree to all the Terms and the Privacy Policy, do not access orotherwise use this Site, any services available through this site or anyinformation contained on this Site. 

 

Changes

 

The Company may make changes to the content, products (the “Products”)and services (the “Services”) offered on the Site at any time. TheCompany can change, update, or add or remove provisions of these Terms, at anytime by posting the updated Terms on this Site or, if you have registered foran account on the Site, we may send an email to you at the email address onfile for your account.  By using thisSite after the Company has updated the Terms, you are agreeing to all theupdated Terms; if you do not agree with any of the updated Terms, you must stopusing the Site.

 

YourUse of the Site

 

By using this Site, yourepresent, acknowledge and agree that you are at least 18 years of age, or ifyou are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Sitewith the consent of your parent or legal guardian and that you have receivedyour parent’s or legal guardian’s permission to use the Site and agree to itsTerms.  If you are a parent or legalguardian of a Minor, you hereby agree to bind the Minor to these Terms and tofully indemnify and hold harmless theCompany if the Minor breaches any of these Terms.  If you are not at least 13 years old, you maynot use the Site at any time or in any manner or submit any information to the Company or the Site.

 

 

Using the Site and the Services on the Site

 

You can simply view the Site andnot use any Services on the Site.  Youneed not register with the Company to simply visit and view the Site.  However, in order to access certainpassword-restricted areas of the Site, you must register with the Company foran account and receive a password. 

 

Our registration form requiresusers to provide contact information (such as name, age range, e-mail addressand password). Registration helps us to provide you with a quick and simplecheckout experience. The customer contact information you supply on theregistration form will be used to contact you concerning the status of an orderor to answer your questions. In addition, unless you choose to opt out, it willbe used to send you e-mail updates about upcoming sales, contests, promotionsand product information.  You may chooseto opt out of such e-mail updates at the time of registration or, if includedin such e-mails, by clicking the link included in such e-mails to unsubscribefrom such e-mails.  You acknowledge andagree that you are responsible for maintaining the confidentiality of yourregistration information and password. If you would like, you can also fill outa customer profile. While it is not required, information obtained from thecustomer profile questions helps us learn more about our customers and is usedto improve our customers’ shopping experience with us.

 

From time to time, the Companymay offer sweepstakes, contests or other promotional offers from our Site(collectively, “Promotions”).  The termsof any such Promotion will be made available separately and your participationin any such Promotion will be subject to your agreement to such separate terms.

 

 

Purchases 

 

You hereby authorize the Company to charge the full purchase price for any products purchased by youthrough the Site (“Products”) and the shipping and handling charges and taxesdue as more fully set forth on the checkout page on the Site (“Checkout”) to the credit card, bank, PayPal or otheraccount you provide in your order of the Products at Checkout (your“Order”).  You assume allresponsibility for notifying the Company of changes in credit card numbersand/or expiration dates or in any change in status of the applicable bank,PayPal or other account, as the case may be. If your form of payment is deniedwhen charged or if an ACH or other debit to the depositary account is rejected,the Company may charge and collect from you a “bad account” fee of twenty-five($25.00) dollars for any declined or rejected transaction. You shalladditionally be responsible for and shall immediately pay the Company, ondemand, any payments that are made to the Company that are subject to asubsequent reversal. Questions regarding charges must bebrought to the attention of the Company’s billing department within 90 daysafter the Company has charged the credit card, bank, PayPal or other accountyou provided at Checkout.  Charges beyond90 days old are not subject to review, reversal or refund.  YOU HEREBY REPRESENT AND WARRANT THAT (I)THE CREDIT CARD, DEBIT CARD OR BANK OR OTHER PAYMENT ACCOUNT INFORMATIONSUPPLIED TO THE COMPANY IS TRUE, CORRECT AND COMPLETE, (II) AMOUNTS DUE FROMYOU WILL BE HONORED BY YOUR BANK OR CREDIT CARD COMPANY, AND (III) YOU SHALLPAY FOR ALL YOUR PURCHASES ON THE SITE AT THE PRICES IN EFFECT ON THE SITE ATTHE TIME INCURRED. You remain solely responsible to pay for Product purchasesfollowing declination of your credit card, ACH transaction, eCheck orotherwise.  The Company’s pricesdo not include any foreign, federal, state or local sales, use or other similartaxes or duties or other fees (including any import or export fees), howeverdesignated, levied against the sale, delivery or use of the Products.  You are solely responsible for and shall payall such taxes, duties and fees, provided, however, that you shall not beliable for any taxes based on the Company’s net income.  You hereby authorize the Company to charge such taxes due in addition to the amountsset forth above.  All paymentsshall be made in U.S. dollars.  You alsoagree to pay or reimburse all fees and expenses reasonably incurred by theCompany in collecting any amounts due under this Agreement, including, but notlimited to, all reasonable attorneys’ fees associated with the collection.  Once an Order has been placed, you may notcancel an Order without the Company’s prior written approval. 

 

All Products ordered by you shall be packed in accordance with theCompany’s standard practices.  TheCompany will not accept and cannot accommodate any special requests for customcontainers, packing, crating, boxing or bundling.  The Company will use commerciallyreasonable efforts to deliver Products by the delivery date set forth in theCompany’s Order acknowledgement sent to the email address entered by you atCheckout

 

Privacy Policy

 

Please review the Company PrivacyPolicy, which is available at (the “Privacy Policy”) which explains how weuse information that you submit to the Company.

 

MaterialYou Submit 

 

You acknowledge that you areresponsible for any information, opinions, messages, comments, photos, videos,graphics, sounds and other content or material that you submit, upload, post orotherwise make available on or through the Site (each a “Submission”) and through the Services available in connection withthis Site.  You may not upload, post orotherwise make available on this Site any material protected by copyright,trademark, or any other proprietary right without the express permission of theowner of such copyright, trademark or other proprietary right owned by athird-party, and the burden of determining whether any material is protected byany such right is on you.  You shall besolely liable for any damage resulting from any infringement of copyrights,trademarks, proprietary rights, violation of contract, privacy or publicityrights or any other harm resulting from any Submission that you make.  You have full responsibility for eachSubmission you make, including its legality, reliability and appropriateness.

 

Unless otherwise explicitlystated herein or in the Privacy Policy, you agree that any Submission providedby you in connection with this Site is provided on a non-proprietary andnon-confidential basis.  You hereby grantto the Company a non-exclusive, perpetual, irrevocable, royalty-free, fullypaid-up, worldwide license (including the right to sublicense through multipletiers) to use, reproduce, process, adapt, publicly perform, publicly display,modify, prepare derivative works, publish, transmit and distribute each of yourSubmissions, or any portion thereof, in any form, medium or distribution methodnow known or hereafter existing, known or developed, and authorize others touse the Submissions.  We may modify oradapt your Submissions in order to transmit, display or distribute them overcomputer networks and in various media and/or make changes to the Submissionsas necessary to conform and adapt them to any requirements or limitations ofany networks, devices, services or media. The Company’s use of any personal information contained in any of yourSubmissions is subject to Company’s Privacy Policy.

 

You agree to pay for allroyalties, fees, damages and any other monies owing any person by reason of anySubmissions posted by you to or through this Site.

 

When you provide Submissions youagree that those Submissions shall not be in violation of the “UnauthorizedActivities” paragraph below.  Those prohibitions do not require theCompany to monitor, police or remove any Submissions or other informationsubmitted by you or any other user.

 

Feedback

 

Except for any personalinformation we may collect from you in accordance with our Privacy Notice, allremarks, suggestions, comments, questions, or ideas that you communicate to theCompany through this Site, or by letter, email, telephone or otherwise (collectively,“Feedback”) suggesting orrecommending changes to the Site, any Services offered through the Site orMaterials, including, without limitation, new features or functionalityrelating thereto, all such Feedback is, and will be treated as,non-confidential and non-proprietary, and will become the property of theCompany, even if this agreement has terminated. Except as prohibited by applicable law, you hereby assign all right,title, and interest in, and the Company is free to use, without any attributionor compensation to you, any ideas, know-how, concepts, techniques, or otherintellectual property and proprietary rights contained in the Feedback, whetheror not patentable, for any purpose whatsoever, including but not limited to,developing, manufacturing, having manufactured, licensing, marketing, andselling, directly or indirectly, products and services using suchFeedback.  Where the foregoing assignmentis prohibited by law, you hereby grant Us an exclusive, transferable,worldwide, royalty-free, fully paid up license (including the right tosublicense) to use and exploit all Feedback as We may determine in our solediscretion.  Notwithstanding theforegoing, you understand and agree that the Company is not obligated to use,display, reproduce, or distribute any such ideas, know-how, concepts, ortechniques contained in the Feedback, and you have no right to compel such use,display, reproduction, or distribution.

 

Unauthorized Activities

 

You may not: upload to,distribute, or otherwise publish through the Site any content which islibelous, defamatory, obscene, threatening, invasive of privacy or publicityrights, abusive, racially, ethnically or otherwise offensive, illegal, orotherwise objectionable, or which may constitute or encourage a criminaloffense, violate the rights of any party or otherwise give rise to liability orviolate any law; disseminate any unsolicited or unauthorized advertising or promotionalmaterials; use any robot, spider, scraper or other automated means to accessthe Site; take any action that imposes an unreasonable or disproportionatelylarge load on our infrastructure; alter the opinions or comments posted byothers on the Site; post anything unrelated to our business, products orservices; or post anything contrary to our public image, goodwill orreputation, provided that the foregoing will not apply to you if applicable lawprohibits such limitations and restrictions. You may not upload commercialcontent onto the Site.

 

This list of prohibitions provides examples and is not complete orexclusive.  The Company  reserves the right to (a) terminate access toyour account, and/or your ability to post to this Site (or use the Services) and(b) refuse, delete or remove any Submissions, with or without cause and with orwithout notice, for any reason or no reason, or for any action that the Companydetermines is inappropriate or disruptive to this Site or to any other user ofthis Site and/or Services.  TheCompany may report to law enforcement authorities any actions that may beillegal, and any reports it receives of such conduct.  When legally required or at the Company’sdiscretion, the Company will cooperate with law enforcement agencies in anyinvestigation of alleged illegal activity on this Site or on the Internet.

 

Unauthorized use of any Materials contained on this Site may violatecertain laws and regulations.

 

You agree to indemnify and hold the Company and its officers, directors,employees, affiliates, agents, licensors, and business partners harmless fromand against any and all costs, damages, liabilities, and expenses (includingattorneys’ fees and costs of defense) the Company or any other indemnifiedparty suffers in relation to, arising from, or for the purpose of avoiding, anyclaim or demand from a third-party that your use of this Site or the use ofthis Site by any person using your user name and/or Site Password (includingwithout limitation, your participation in the posting areas or, yourSubmissions) violates any applicable law or regulation, or the copyrights,trademark rights or other rights of any third-party.

 

Intellectual PropertyInfringement 

 

The Company respects the intellectual property rights of others, and weask you to do the same.  the Company may,in appropriate circumstances and at our discretion, terminate the serviceand/or access to this Site for users who infringe the intellectual propertyrights of others.  If you believe thatyour work is the subject of copyright infringement and/or trademarkinfringement and appears on our Site, please provide the Company’s designatedagent the following information:

 

·     Aphysical or electronic signature of a person authorized to act on behalf of theowner of an exclusive right that is allegedly infringed.

·     Identificationof the copyrighted and/or trademarked work claimed to have been infringed, or,if multiple works at a single online site are covered by a single notification,a representative list of such works at that site.

·     Identificationof the material that is claimed to be infringing or to be the subject ofinfringing activity and that is to be removed or access to which is to bedisabled at the Site, and information reasonably sufficient to permit theCompany to locate the material.

·     Informationreasonably sufficient to permit the Company to contact you as the complainingparty, such as an address, telephone number, and, if available, an electronicmail address at which you may be contacted.

·     Astatement that you have a good faith belief that use of the material in themanner complained of is not authorized by the copyright and/or trademark owner,its agent, or the law.

·     Astatement that the information in the notification is accurate, and underpenalty of perjury, that you are authorized to act on behalf of the owner of anexclusive right that is allegedly infringed.

 

Send notice of claims of copyright or trademark infringement on this Siteto:

 

Mondelēz Global LLC

100 Deforest Avenue, East Hanover, New Jersey 07936

Attention: Trademarks Department

 

Please also note that for copyright infringements under Section 512(f) ofthe Copyright Act, any person who knowingly materially misrepresents thatmaterial or activity is infringing may be subject to liability.

 

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access tocopyright-protected material that you provided, if such removal is pursuant toa valid Digital Millennial Copyright Act (“DMCA”) take-down notice that we havereceived. If you receive such notice from us, you may provide us with acounter-notification in writing to the Company designated agent that includesall of the following information:

 

1.  Your physical or electronicsignature;

 

2.  Identification of the materialthat has been removed or to which access has been disabled, and the location atwhich the material appeared before it was removed or access to it was disabled;

 

3.  A statement from you under thepenalty of perjury, that you have a good faith belief that the material wasremoved or disabled as a result of a mistake or misidentification of thematerial to be removed or disabled; and

 

4.  Your name, physical address andtelephone number, and a statement that you consent to the jurisdiction of acourt for the judicial district in which your physical address is located, orif your physical address is outside of the United States, for any judicialdistrict in which the Company may be located, and that you will accept serviceof process from the person who provided notification of allegedly infringingmaterial or an agent of such person.

 

Termination of Repeat Infringers

The Company reserves the right, in its sole discretion, to terminate theaccount or access of any user of our Site and/or Services who is the subject ofrepeated DMCA or other infringement notifications.

 

Disclaimer of Warranties

 

THE COMPANY MAKES NO WARRANTIESOR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE OR THEMATERIALS OR THE PRODUCTS. THIS SITE AND THE MATERIALS, INFORMATION, SERVICES,AND PRODUCTS ON THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, ANDLINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TOAPPLICABLE LAW, THE COMPANY, FOR ITSELF AND ITS LICENSORS, DISCLAIMS ALLWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROMCOURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINEDIN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS.  THECOMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OFTHE SITE OR THE MATERIALS IN TERMS OF THEIR COMPLETENESS, CORRECTNESS,ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.  IN CERTAIN STATES, THE LAW MAY NOT PERMIT THEDISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

Limitation of Liability

 

IN NO EVENT SHALL THE COMPANY BELIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY ORCONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE,TORT, STRICT LIABILITY, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTIONWITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE, OR THE INFORMATION,SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONSSHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITEDREMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OFLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAYNOT APPLY TO YOU.  IN NO EVENT WILL THECOMPANY’S TOTAL, AGGREGATE LIABILITY TO YOU EXCEED $100.00.

 

Indemnification

 

You agree to indemnify, defend,and hold harmless us and Mondelēz Global LLC, its officers, directors,employees, agents, licensors and suppliers from and against all losses,expenses, damages and costs, including reasonable attorneys' fees and courtcosts, resulting from any violation of these terms and conditions or anyactivity related to your Internet account (including, but not limited to,negligent or wrongful conduct), by you or any other person accessing the Siteusing your Internet account.

 

 

 

Securities and Investments

 

We are not providing investmentadvice through this Site, and the material on the Site should not be regardedas an offer to sell, or a solicitation of an offer to buy, any securities of MondelēzInternational, Inc., the parent company of Mondelēz Global LLC (the “Securities”). If you decide to use anymaterial available on the Site in assessing whether to buy or sell the Securities,please be aware that the material on the Site reflects past performance andhistorical information only, and that such performance and information is notnecessarily an indication of future performance.

 

Cautionary Language RegardingForward-Looking Statements

 

This Site contains“forward-looking statements” as defined by the Private Securities LitigationReform Act of 1995. These statements, at the time they were made, were based onthen-current expectations of future events. If any of those underlyingassumptions prove or have proven to be inaccurate or unknown or if risks oruncertainties materialize or have materialized, actual results could vary oralready may have varied materially from the Company’s expectations andprojections in these statements.

 

Dispute Resolution andArbitration; Class Action Waiver

 

Please read the following(this “Provision”) carefully.  It affectsyour rights.

 

Most customer concerns can be resolved quickly and to a customer’ssatisfaction by contacting us at [CONTACT@RUCKUSANDCOSNACKS.COM]This Provision facilitates the prompt and efficient resolution of any disputesthat may arise between you and the Company. Arbitration is a form of private dispute resolution in which personswith a dispute waive their rights to file a lawsuit, to proceed in court and toa jury trial, and instead submit their disputes to a neutral third person (orarbitrator) for a binding decision.  Youhave the right to opt-out of this Provision (as explained below), which meansyou would retain your right to litigate your disputes in a court, either beforea judge or jury.

 

Please read this Provision carefully. It provides that all Disputes between you and the Company shall beresolved by binding arbitration. Arbitration 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 casefiled in court by others (including, but not limited to, class actions).  Except as otherwise provided, entering intothese Terms constitutes a waiver of your right to litigate claims and allopportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of anarbitration award is limited.  Thearbitrator must follow these Terms and can award the same damages and relief asa court (including attorney’s fees).

 

For the purpose of this Provision, “the Company” means the Companyand its parents, subsidiary, and affiliate companies, and each of theirrespective officers, directors, employees, and agents.  The term “Dispute” means any dispute,claim, or controversy between you and the Company regarding, arising out of orrelating to any aspect of your relationship with the Company, whether based incontract, statute, regulation, ordinance, tort (including, but not limited to,fraud, misrepresentation, fraudulent inducement, or negligence), or any otherlegal or equitable cause of action or claim for relief, and includes thevalidity, enforceability or scope of this Provision (with the exception of theenforceability of the Class Action Waiver clause below).  “Dispute” is to be given the broadestpossible meaning that will be enforced, and shall include any claims againstother parties relating to services or products provided or billed to you (suchas the Company’s licensors, suppliers, dealers or third-party vendors) wheneveryou also assert claims against us in the same proceeding.

 

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, ASDEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS INTHE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDINGARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

 

Pre-Arbitration ClaimResolution

For all Disputes, whetherpursued in court or arbitration, you must first give the Company an opportunityto resolve the Dispute.  You mustcommence this process by mailing written notification to the Company at [5805 Sepulveda Blvd, 5th Floor Sherman Oaks, CA 91411

]. That writtennotification must include (1) your name, (2) your address, (3) a writtendescription of your claim, and (4) a description of the specific relief youseek.  If the Company does not resolvethe Dispute within 45 days after it receives your written notification, you maypursue your Dispute in arbitration.  Youmay pursue your Dispute in a court only under the circumstances describedbelow.

 

Exclusions fromArbitration/Right to Opt Out

Notwithstanding the above, youor the Company may choose to pursue a Dispute in court and not by arbitrationif (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 DATETHAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”).  You may opt out of this Provision by mailingwritten notification to the Company to [5805Sepulveda Blvd, 5th Floor Sherman Oaks, CA 91411

].  Your written notification must include (1)your name, (2) your address, and (3) a clear statement that you do not wish toresolve disputes with the Company through arbitration.  Your decision to opt-out of this Provisionwill have no adverse effect on your relationship with the Company.  Any opt-out request received after theOpt-Out Deadline will not be valid and you must pursue your Dispute inarbitration or small claims court.

 

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as providedabove (Pre-Arbitration Claim Resolution) either you or the Company may initiatearbitration proceedings.  Anycontroversy, claim, or dispute arising out of or relating to this Dispute orthis agreement to arbitrate against or involving any officer, director, agent,employee, affiliate, successor, predecessor, or assign of a party to thisAgreement shall be fully and finally adjudicated by binding arbitration to the fullestextent allowed by law (the “Arbitration”). Either party also may, without waiving any remedy under this agreement,seek from any court having jurisdiction any interim or provisional relief thatis necessary to protect the rights or property of that party, pending thearbitrator’s determination of the merits of the controversy.  JAMS, www.jamsadr.com, will arbitrate allDisputes and the Arbitration will be conducted before a single arbitrator.  Unless all parties to the Arbitration agree,the Arbitrator shall be a lawyer on the JAMS roster admitted to practice for atleast 20 years or a retired United States District Court Judge.  The Arbitration shall be commenced as anindividual Arbitration only, and shall in no event be commenced as a classarbitration or a consolidated or representative action or arbitration. Allissues shall be for the arbitrator to decide, including the scope of thisProvision.

 

The JAMS Comprehensive Arbitration Rules & Procedures and the JAMSRecommended Arbitration Discovery Protocols For Domestic, Commercial Cases willapply.  The JAMS rules are available atwww.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicablearbitration rules.  Under nocircumstances will class action or representative action procedures or rulesapply to the arbitration.

 

Because the Site and these Terms concern interstate commerce, the FederalArbitration Act (“FAA”) governs the arbitrability of all Disputes.  .  ThisAgreement and any Disputes arising or relating to the use of this website shallbe governed by the law of the State of New York, or to the extent (if any) thatfederal law prevails, by the law of the United States, irrespective of anyconflict of law principals.  New York’sStatute of Limitations rules will apply.  

 

Arbitration Award

The arbitrator may award on an individual basis any relief that would beavailable pursuant to applicable law, and will not have the power to awardrelief to, against or for the benefit of any person who is not a party to theproceeding.  The arbitrator will make anyaward in writing but need not provide a statement of reasons unless requestedby a party or if required by applicable law. Such award will be final andbinding on the parties, except for any right of appeal provided by the FAA orother applicable law, and may be entered in any court having jurisdiction overthe parties for purposes of enforcement. If the FAA or applicable law provides for the right of appeal, theParties adopt and agree to implement the JAMS Optional Arbitration AppealProcedure (as it exists on the effective date of this Agreement) with respectto any final award in an arbitration arising out of or related to thisAgreement.

 

Location of Arbitration 

You or the Company may initiate arbitration in either Chicago, Illinoisor the federal judicial district that includes your billing address.

 

Payment of Arbitration Feesand Costs  

The Company will pay all arbitration filing fees and JAMS hearing feesand any arbitrator’s hearing fees, costs and expenses upon your written requestto the arbitrator given at or before the first evidentiary hearing in thearbitration. You are responsible for all additional fees and costs that youincur in the arbitration, including, but not limited to, attorneys or expertwitnesses.  Fees and costs may be awardedas provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicablelaw, if you provide notice and negotiate in good faith with the Company as providedin the section above titled “Pre-Arbitration Claim Resolution” and thearbitrator concludes that you are the prevailing party in the arbitration, youwill be entitled to recover reasonable attorney’s fees and costs as determinedby the arbitrator.

 

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may notconsolidate more than one person’s claims, and may not otherwise preside overany form of a class or representative proceeding or claims (such as a classaction, consolidated action, representative action, or private attorney generalaction) unless both you and the Company specifically agree to do so in writingfollowing initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of theArbitration Provision, as specified above, this Class Action Waiver will notapply to you.  Neither you, nor any otheruser of the Site can be a class representative, class member, or otherwiseparticipate in a class, consolidated, or representative proceeding withouthaving complied with the opt-out requirements above.

 

Jury Waiver

You understand and agree that by entering into these Terms you and theCompany are each waiving the right to a jury trial or a trial before a judge ina public court.  In the absence of thisProvision, you and the Company might otherwise have had a right or opportunityto bring Disputes in a court, before a judge or jury, and/or to participate orbe represented in a case filed in court by others (including class actions).  Except as otherwise provided below, thoserights are waived.  Other rights that youwould have if you went to court, such as the right to appeal and to certaintypes of discovery, may be more limited or may also be waived.

 

Severability

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

 

Continuation

This Provision shall survive the termination of these Terms.  Notwithstanding any provision in these Terms tothe contrary, we agree that if the Company makes any change to this Provision(other than a change to the Notice Address), you may reject any such change andrequire the Company to adhere to the present language in this Provision if adispute between us arises.

 

Jurisdiction

 

TheCompany controls and operates this Site from the Company’s headquarters in 5805Sepulveda Blvd., #501, Sherman Oaks, CA 91411, in the United States of America.We in no way warrant or imply that the materials on the Site are appropriatefor use outside of the United States. If you use the Site from a locationoutside of the United States, you are solely responsible for compliance withany applicable local laws. You may not use or export the materials on the Sitein violation of U.S. export laws and regulations. Any claim relating to theSite or your use of it shall be governed by the Federal Arbitration Act, theinternal substantive laws of the State of New York, and applicable U.S. federallaw, without regard to the choice or conflicts of law provisions.  Foreign laws do not apply.  The United Nations on Contracts for theInternational Sale of Goods and any laws based on the Uniform ComputerInformation Transactions Act (UCITA) shall not apply to these Terms.  You agree that jurisdiction and venue in anylegal proceeding directly or indirectly arising out of or relating to this Siteshall be in the state or federal courts located in New York County, New York.

 

Terminationof this Agreement

 

This agreement is effective untilterminated by either party. You may terminate the agreement at any time, bydestroying all materials obtained from this Site, along with all relateddocumentation and all copies and installations. The Company may terminate this agreement at any time and without noticeto you if, in its sole judgment, you breach any term or condition of thisagreement. Upon termination, you must destroy all materials.

 

Intellectual Property

 

The Company provides content through the Site, and through theProducts and the Services that are copyrighted and/or trademarked work of the Company or the Company’s third-party licensors and suppliers or other users ofthe Site (collectively, the “Materials”).  Materials may include logos, graphics, video,images, software and other content. 

 

Unless otherwise specified, theSite is provided for your personal and noncommercial use.  Subject to the terms and conditions of theseTerms, and your compliance with these Terms, the Company hereby grants you a limited, personal, non-exclusive andnon-transferable license to use and to display the Materials and to use thisSite solely for your personal, noncommercial use.  Except for the foregoing license, you have noother rights in the Site or any Materials.  You may not modify copy, edit, distribute,transmit, perform, reproduce, publish, license, create derivative works of,alter, enhance, reverse engineer, transfer, sell or in any way exploit theMaterials, Products, Services or the Site.  Any other use of materials on the Site,including but not limited to the modification, reproduction, distribution,republication, or transmission of the Site or any Materials, without the priorwritten permission of the Company, is prohibited.

 

If you breach any of these Terms,the above license will terminate automatically and you must immediately destroyany downloaded or printed Materials.

 

 

Miscellaneous

 

If any provision of thisagreement is unlawful, void or unenforceable, then such term shall beinterpreted to reflect the intentions of the parties, and the remainingprovisions of the agreement will remain in place.  These Terms, the Product Purchase Terms andConditions of Sale, and the legal notices and terms located on this Site arethe entire agreement between you and the Company and supersede all prior orcontemporaneous negotiations, discussions or agreements between you and theCompany about this Site.  Certainprovisions of these Terms may be superseded by expressly designated legalnotices or terms located on particular pages at this Site.  The proprietary rights, disclaimer ofwarranties, representations made by you, indemnities, limitations of liability,dispute resolution and arbitration; class action waiver, and general provisionsshall survive any termination of these Terms. 

 

 

 

California Consumer Notice

 

UnderCalifornia Civil Code Section 1789.3, California users are entitled to thefollowing consumer rights notice: This Site and Service are provided by theCompany, with a principal place of business located at 5805 Sepulveda Blvd., #501,Sherman Oaks, CA 91411.  If you have purchased anything from the Siteor through the Service, a description of what you have purchased and relevantpricing information are posted as part of the ordering process for this Site(please consult your individual purchase confirmation e-mail for the chargesyou incurred).  If you have a question orcomplaint regarding the Site or Service, please contact Customer Service at [CONTACT@RUCKUSANDCOSNACKS.COM]. Youmay also contact us by writing the Company at 3155 Southwest 10th Street SuiteA, Deerfield Beach, FL 33442, attention: Customer Support. California residentsmay reach the Complaint Assistance Unit of the Division of Consumer Services ofthe California Department of Consumer Affairs by post at 1625 North MarketBlvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

 

Contact Us

 

If you have any questions aboutthese Terms or otherwise need to contact the Company for any reason, you canreach us at:

 

Power Brands Consulting LLC

5805 Sepulveda Blvd., #501

Sherman Oaks, CA 91411

United States of America

Attention: [Sheldon Wallach]