Use of Content on the Site.
Psychedelics Vendor authorizes You to view and access a single copy of the content available on or from the Site solely for your personal use. The contents of the Site such as text, graphics, images, logos, button icons, software and other content (collectively, “Psychedelics Vendor Content”), are protected under both United States and foreign copyright, trademark and other laws. All Psychedelics Vendor Content is the property of Psychedelics Vendor or its content suppliers or clients. The compilation (meaning the collection, arrangement, and assembly) of all content on the Psychedelics Vendor Sites is the exclusive property of Psychedelics Vendor and protected by the U.S. and international copyright laws. Unauthorized use of the Psychedelics Vendor Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Psychedelics Vendor Content on any copy You make of the Psychedelics Vendor Content. You may not sell or modify the Psychedelics Vendor Content or reproduce, display, publicly perform, distribute, or otherwise use the Psychedelics Vendor Content in any way for any public or commercial purpose. The use of the Psychedelics Vendor Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that Psychedelics Vendor creates to generate any Psychedelics Vendor Content or the pages making up any Psychedelics Vendor Site which is also protected by such copyright.
You represent and warrant to Psychedelics Vendor that the information you provide to Psychedelics Vendor, including information posted in any profile you create on any Site, including any photographs, is posted by you and that you are the exclusive author of your profile and the exclusive owner of your photographs and videos. You assign to Psychedelics Vendor, with full title guarantee, all copyright in your profile, your photographs or videos posted, your comments on any Site, and any additional information posted on the Site or sent to Psychedelics Vendor at any time in connection with your use of the Site or any services offered through the Site. You waive absolutely any and all moral rights to be identified as the author of any such content and any similar rights in any jurisdiction in the world. In addition, other users of the Site may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given express written permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By providing to Psychedelics Vendor, including posting information, photographs or content on any the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Psychedelics Vendor and other members of the Site, without any additional compensation, an irrevocable, perpetual, non-exclusive, royalty-free, fully paid up, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content, videos and photographs and to prepare derivative works thereof, or incorporate such information and content into other works and to grant and authorize sub-licenses of the foregoing.
Agreement to Mandatory Individual Arbitration.
- 1. This agreement to arbitrate is intended to be broadly interpreted, and includes, but is not limited to: (1) disputes and claims arising out of or relating to any aspect of the relationship between You and Psychedelics Vendor, whether based in breach of contract, breach of any guarantees or warranties, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising); (3) claims that may arise after the termination of Your relationship with Psychedelics Vendor; and (4) claims that are currently the subject of purported class action litigation in which You are not a member of a certified class.
- You and Psychedelics Vendor hereby agree that the Federal Arbitration Act (“FAA”) applies to any arbitration, and governs all questions of whether a dispute is subject to arbitration. Unless You and Psychedelics Vendor agree otherwise in writing, arbitration shall be: (i) administered by the American Arbitration Association (“AAA”), pursuant to the Consumer Arbitration Rules then in effect (the “AAA’s Rules”); and (ii) conducted by a single arbitrator who is licensed to practice law. The AAA’s Rules can be found at www.adr.org.
- THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND Psychedelics Vendor ARE ENTITLED TO PURSUE ARBITRATION ONLY ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS YOU AND PURCHASER AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
- You and Psychedelics Vendor each are responsible for their respective costs relating to counsel, experts, and witnesses.
- This arbitration agreement does not preclude You or Psychedelics Vendor from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against on a party’s behalf. In addition, and notwithstanding the other provisions of this arbitration agreement, either party may bring an individual action in small claims court.
- If You or Psychedelics Vendor fail to comply with this arbitration provision, said breaching party shall be liable for the costs and attorneys’ fees incurred by the other party in enforcing compliance with the arbitration agreement.
- Unless the AAA arbitrator rules otherwise, all claims or counterclaims shall be resolved by the submission of documents only / desk arbitration (see R-29 of the AAA’s Rules). Any party, however, may ask for a hearing. The arbitrator also may decide that a face-to-face hearing is necessary. Any hearing, however, that is not held by telephone, shall take place in Fresno, California, unless the AAA arbitrator decides otherwise.
- Small Claims Option: You may also litigate any Dispute in Small Claims Court in Fresno in the State of California. If your claim meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County by clicking here. However, if you initiate a Small Claims case, you are responsible for all your court costs.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Psychedelics Vendor (except for small-claims court actions) may be commenced only in the federal or state courts located in Fresno, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.