Terms of Use


FILOSANO TERMS OF USE

Effective as of: January 13th, 2015

Welcome to the Filosano (“Filosano,” “we” or “us”) website located at Filosano.com (the “Site”), including the online marketplace services provided through the Site (the “Services”). The following terms and conditions (“Terms of Use”) govern access to and use of the Site. Please review the following terms carefully. By accessing and using the Site, you (“you” or the “User”) agree to be bound by these Terms of Use, the Privacy Policy and all other operating rules, policies and procedures that Filosano may publish or update from time to time on the Site. If you do not agree to these Terms of Use, you may not access or use the Site or Services.

THESE TERMS OF USE INCLUDE (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US AND (2) A RELEASE BY YOU OF CLAIMS FOR DAMAGE AGAINST FILOSANO THAT MAY ARISE OUT OF YOUR USE OF THE SITE. BY USING THE SITE, YOU AGREE TO THIS RELEASE.


PRIVACY POLICY

Filosano respects the privacy of its Users. Please refer to Filosano’s Privacy Policy which explains how we collect, use, share and store information you provide to us through the use of the Site. When you access or use the Site, you signify your agreement to the terms of our Privacy Policy.

 

ABOUT THE SERVICES

Filosano provides an online marketplace for users to purchase sustainable products sold by vendors listing through the Site (“Vendors”). Users may browse or search the Site to find items regarding which they wish to gather information and to identify items the User may wish to purchase. To purchase an item, Users submit an order through the Site to the vendor selling the item the User wishes to purchase. The User then provides payment information to a third party payment processor who processes payments. The applicable Vendor will then ship the purchased item directly to the User. Filosano does not own or sell the items listed on the Site, so the contract for sale of the purchased item is directly between Users and the applicable Vendor.

 

access requirements

User Representations Regarding Age or Authorization

You represent and warrant that you are at least 18 years old or that you are visiting the Site under the supervision of a parent or guardian.

International Access

This Site may be accessed from countries other than the United States. Products displayed on the Site are not available for sale through the Site to Users outside of the United States. If you access and use the Site outside the United States you are responsible for complying with your local laws and regulations.

Registration

To access the Site, you may be asked to provide certain registration details or other 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. You agree that all information you provide to the Site, including to register with the Site or through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

User Name, Password and Unauthorized Access to Your Account

You may set a password and account identification (“username”) to enable you to access and use certain features of the Services, including the creation of a personal user account. Each time you use a password or username, you will be deemed to have authorized the transmission of all data and instructions we receive from you, including the submission of any offers to purchase goods from Vendors. We have no obligation to investigate the authorization or source of any such access or use of the Site. 

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND USERNAME WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. 

You are solely responsible for protecting the security and confidentiality of your password and username. You shall immediately notify us of any unauthorized use of your password or username or any other breach or threatened breach of this Site’s security.

Availability of Site

We may amend the Site and all content, software and other items used or contained on the Site at any time without notice. We will not be liable if for any reason all or any part of the Site is ever unavailable and we may limit access to a portion of the Site or the entire Site to only certain Users.

 

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following restrictions (“Use Restrictions”). You agree that you will not under any circumstances:

  • provide or submit to the Site any information that is abusive, threatening, obscene, defamatory, libelous or racially, sexually, religiously or otherwise objectionable and offensive, or that could give rise to any civil or criminal liability under U.S. or international law;
  • use the Services for any unlawful purpose or for the support of illegal activities;
  • attempt to, or harass, abuse or harm another person or group via the Site;
  • use another User’s account without permission;
  • provide false or inaccurate information through the Site, including when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Site;
  • take any action that may interfere with any feedback or ratings systems featured or used on the Site or provided by the Services;
  • make any automated use of the Site or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology or device to scrape, spider or crawl the Site or harvest or manipulate data; or
  • provide or submit to the Site any malicious content intended to damage or disrupt another User’s browser or computer.

 

INTELLECTUAL PROPERTY

Filosano’s Intellectual Property

As between Users and Filosano, all text, graphics, button icons, images, audio clips and software on the Site (collectively, “Content”) belongs exclusively to Filosano or Filosano’s licensors, Vendors or other business partners. The collection, arrangement and assembly of all Content on the Site (the “Compilation”) belongs exclusively to Filosano. All software used on this Site (the “Software”) is the property of Filosano or its third party service providers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. Filosano.com, Filosano and other logos, slogans or trade names are trademarks, service marks or trade dress of Filosano, Vendors, our suppliers or third parties. The use of any of the trademarks, service marks or trade dress that appear on the Site without our express written consent (or, as applicable, the consent of the party that owns such trademark, service mark or trade dress) is strictly prohibited. You may not use any trademarks, service marks or trade dress that appear on the Site in connection with any product or service in any way that is likely to cause confusion. You may not use any trademarks, service marks or trade dress that appear on the Site in any manner that disparages or discredits us, Vendors, our suppliers or third parties. You may not use any trademarks, service marks or trade dress that appear on the Site in meta tags without prior explicit consent of the owner of such trademark, service mark or trade dress. We reserve all rights that are not expressly granted to you under these Terms of Use.

User Content

Except as otherwise provided elsewhere in these Terms of Use or on the Site, anything that you submit or post to the Site and/or to provide us, including, without limitation, photographs or other images, ideas, know-how, techniques, questions, reviews, comments and suggestions (collectively, “User Submitted Content”) is and will be treated as non-confidential and non-proprietary, and we shall have a royalty-free, worldwide, perpetual, irrevocable, transferable and sublicenseable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt and create derivative works from such User Submitted Content by any means and in any form, and to translate, modify, reverse-engineer, disassemble or decompile such User Submitted Content.

We may ask you from time to time for your input regarding the Services and the Site and we would appreciate your candid feedback. We will not pay or owe you any compensation for the feedback you provide. It will become the property of Filosano and we may use that information for our business purposes, including, without limitation, continuing to improve the Site.

In addition to the rights applicable to any User Submitted Content, when you post comments or reviews to the Site, you also grant us the right to use the name and geographic information that you submit with any review, comment or other User Submitted Content, if any, in connection with such review, comment or other User Submitted Content. You represent and warrant that you own or otherwise control all of the rights to all User Submitted Content that you post on this Site and that use of your User Submitted Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any User Submitted Content. Except as provided in our Privacy Policy, we may, but shall not be obligated to, remove or edit any User Submitted Content (including comments or reviews) for any reason.

 

ONLINE CONTENT DISCLAIMER

Site Content and Use

Opinions, advice, statements, offers or other information or content made available through the Site, but not directly by Filosano, are those of their respective authors and should not necessarily be relied upon. Such authors, including Vendors, are solely responsible for such content. Filosano does not guarantee the accuracy, completeness or usefulness of any information accessed on the Site or through the Services. Filosano does not guarantee the accuracy or reliability of any opinion or advice made by Filosano. Filosano does not adopt nor endorse, nor is Filosano responsible for, any opinion, advice or statement made by any User through the Site. Additionally, Filosano takes no responsibility and assumes no liability for any User Submitted Content or any other Content that you, any other User, any Vendor or third party posts or sends using the Site. Under no circumstances will Filosano be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or delivered through the Services, or transmitted to Users.

Though Filosano attempts to enforce these Terms of Use, you may be exposed to User Submitted Content that is inaccurate or objectionable. Filosano reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Site or to limit or deny a User’s access to the Site or take other appropriate action if a User violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Filosano will have the right to remove any such material that, in its sole opinion, violates, or is alleged to violate, the law or these Terms of Use, which might be offensive, or that might violate the rights of, or harm or threaten the safety of, Users or others. Unauthorized use of or access to the Site may result in criminal and/or civil prosecution under federal, state and local law. If you become aware of misuse of the Site, please report it to Filosano at info@Filosano.com. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms of Use or other applicable agreements between Filosano and the alleged violator of the Terms of Use, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. Please note that a personal reply to reports you submit to Filosano may not always be possible.

Third Party Links

The Site may contain convenient links to third party website(s) (“Third Party Sites”), as well as articles, videos, photographs, text, graphics, pictures, designs, music, sound, video, information and other materials, content or items belonging to or originating from third parties (the “Third Party Content”). The content and links are provided as a courtesy to Users. Filosano has no control over Third Party Sites and Third Party Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Content. Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by Filosano, and Filosano is not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Filosano. If you decide to leave the Site and access the Third Party Sites or to use, reference or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Sites or Third Party Content.

FILOSANO WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR THE PRIVACY PRACTICES OR OTHER ACTIONS OF ANY THIRD PARTY SITES OR THIRD PARTY SERVICE PROVIDERS THAT MAY BE ENABLED WITHIN THE SERVICES OR LINKED BY THE SITE.

 

COPYRIGHT COMPLAINTS

DMCA Take-Down Notices

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (the “DMCA”) by sending the following information in writing to Filosano’s designated copyright agent at info@Filosano.com:

  1. The date of your notification;
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  4. A description 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 enable Filosano to locate the material;
  5. Information reasonably sufficient to permit Filosano to contact you, such as an address, telephone number and/or email address;
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  7. 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.

The failure to send proper notification pursuant to the DMCA may result in our taking incomplete or no action with respect to the allegedly infringing material described in such improper notification, and under some circumstances may even result in liability to the person(s) submitting such improper notifications.

Counter-Notices

If you believe that your content that has been removed from the Site is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1. Your physical or electronic signature;
  2. A description of the content that has been removed and the location at which the content appeared before it was removed;
  3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Filosano copyright agent, Filosano may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or User, the removed content may (in Filosano’s discretion) be reinstated on the Site within 10 to 14 business days after receipt of the counter-notice.

 

terms of sale

Except as provided in this section, the terms and conditions applicable to any User’s purchase of products through the Site or Services are governed by Filosano’s Vendor Code and the sales policies the Vendors communicate to you on the page that lists the Vendor’s products for sale, including, without limitation, with respect to shipping, risk of loss and payment.

Product Description

Vendors attempt to be as accurate as possible in describing their products. However, Filosano does not warrant that product descriptions are accurate, complete, reliable, current or error-free. If a product offered by a Vendor is not as described, your sole remedy is to return it in its original packaging and in unused condition.

Typographical Errors

In the event a product is listed on the Site at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from Vendors or our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall instruct the third party payment processing service provider to issue a credit to your credit card account in the amount of the charge within fourteen (14) business days.

 

WARRANTY DISCLAIMER

THE SERVICES AND THE SITE ARE PROVIDED “AS IS,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FILOSANO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES, THE SITE AND ANY GOODS PURCHASED THROUGH THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FILOSANO MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR ANY CONTENT WILL BE COMPLETE, COMPREHENSIVE, ACCURATE OR UP-TO-DATE. FILOSANO MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE, SERVICES, INFORMATION OR OTHER MATERIAL OR GOODS OBTAINED BY YOU THROUGH THE SERVICES AND THE SITE WILL MEET YOUR EXPECTATIONS.

FILOSANO IS NOT RESPONSIBLE FOR THE ACCURACY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION, CONTENT, GOODS, DATA, OPINIONS, ADVICE OR STATEMENTS MADE AVAILABLE ON THE SITE OR THROUGH THE SERVICES. AS SUCH, FILOSANO IS NOT LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON SUCH INFORMATION OR GOODS. FILOSANO ENABLES THESE FEATURES AS A CONVENIENCE AND THE INCLUSION OF SUCH FEATURES DOES NOT IMPLY AN ENDORSEMENT OR RECOMMENDATION.

YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE AND THE SERVICES AND ANY INFORMATION, CONTENT OR OTHER MATERIAL OR GOODS OBTAINED FROM OR THROUGH THE SITE AND/OR THE SERVICES, EXCEPT TO THE EXTENT SUCH GOODS OR SERVICES ARE SUBJECT TO A WARRANTY OFFERED BY A VENDOR, IN WHICH CASE SUCH VENDOR SHALL BE SOLELY RESPONSIBLE WITH RESPECT TO SUCH WARRANTY.

You hereby acknowledge and agree that this disclaimer of warranties is a fundamental part of the agreement between you and Filosano contained in these Terms of Use and that Filosano would not agree to enter these Terms of Use or allow you access to the Site or Services without such disclaimers. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

 

LIMITATION OF DAMAGES; RELEASE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FILOSANO, ITS OFFICERS, EMPLOYEES OR AGENTS, OR ITS LICENSORS OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, BE LIABLE TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH OR UNDER YOU, FOR (1) ANY DAMAGES TO OR VIRUS THAT MAY INFECT YOUR EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF ACCESSING THE SITE OR USING THE SERVICES; OR (2) ANY LOSS, CLAIM, OR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, SERVICES OR EQUIPMENT DOWNTIME, LOST OPPORTUNITY, REPUTATIONAL HARM, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING AND REGARDLESS OF CAUSE OF ACTION, THAT, IN EITHER CASE, RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE OR SERVICES; (C) THE SITE AND SERVICES GENERALLY OR THE SYSTEMS THAT MAKE THE SITE AND SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH FILOSANO OR ANY OTHER USER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FILOSANO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN THE EVENT THAT ANY LIABILITY IS IMPOSED ON FILOSANO FOR ANY REASON WHATSOEVER HEREUNDER, THE AGGREGATE AMOUNTS PAYABLE BY FILOSANO TO YOU BY REASON THEREOF WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). You acknowledge that the foregoing limitations are an essential element of the agreement between the parties and that in the absence of such limitations the terms and conditions set forth in these Terms of Use would be substantially different. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.

If you have a dispute with one or more Users, Vendors or any other third party resulting from or arising out of or in connection with your use of the Site or Services, you release Filosano (and our officers, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

REMEDIES

You agree that our remedy at law for any actual or threatened breach of these Terms of Use would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief, attorneys’ fees and expenses.

No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

 

INDEMNIFICATION

You will indemnify, defend and hold harmless Filosano, its officers, employees, agents and representatives from and against any and all losses, damages, liability, costs and expenses awarded by a court or agreed upon in settlement, as well as all reasonable and related attorneys’ fees and court costs arising out of or in connection with (i) any third party claim relating to your violation of any term of these Terms of Use or (ii) any third party claim that the Site or Services infringe any U.S. patent or copyright to the extent such claim arises from your User Submitted Content.

 

MODIFICATION OF TERMS OF USE

We may amend these Terms of Use at any time. Any amendments will be effective immediately when we post them and apply to all access to and use of the Site thereafter. It is your sole responsibility to check the Site from time to time to view any such changes in these Terms of Use. If you continue to use the Site or Services, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material changes to these Terms of Use by posting a notice on our homepage and/or sending an email to the email address we have on file for you at the time the amended Terms of Use are posted. For this additional reason, you should keep your contact and account information current. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of Filosano’s rights hereunder will not be valid or effective except in a written agreement bearing the physical signature of an officer of Filosano. No purported waiver or modification of these Terms of Use accepted by Filosano via telephonic or email communications will be valid. Please see the “Changes & notifications” section of our Privacy Policy for more specific terms regarding modifications to the Privacy Policy.

 

TERM AND TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate these Terms of Use or revoke any or all of your rights granted under the Terms of Use and terminate or suspend your account or ability to use the Site or Services, in whole or in part, without notice, at any time in our sole discretion for any or no reason, including if, in our opinion, (i) you violate these Terms of Use or any other rules that govern the use of the Services, (ii) your conduct may harm Filosano or others or cause Filosano or others to incur liability, or as otherwise determined by Filosano in its sole discretion.

You may terminate your Filosano account at any time by providing Filosano with notice of termination via email to info@Filosano.com.

Upon any termination of these Terms of Use, you shall immediately cease all access to and use of the Site, and we may, in addition to any other legal or equitable remedies, immediately revoke all password(s) and username(s) issued to you and deny your access to and use of the Site in whole or in part. Any termination of these Terms of Use shall not affect the respective rights and obligations (including, without limitation, payment obligations) of any User, Vendor or Filosano that arose before the date of termination.

 

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from Filosano in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures and other communications that Filosano provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about Filosano. Please see our Privacy Policy for more information.

 

Dispute Resolution – Arbitration, No Class Action

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OF USE OR BREACH OR INTERPRETATION THEREOF OR THE SITE OR SERVICES WILL BE SOLELY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS OF USE AS A COURT WOULD.

Such arbitration will be conducted in San Francisco, California in accordance with the rules of the American Arbitration Association (“AAA”) then in effect, including the AAA’s Commercial Arbitration Rules, before a single arbitrator appointed in accordance with such rules and applying the laws of the State of California, without regard to conflict of law provisions. Judgment upon any award rendered therein may be entered and enforcement obtained thereon in any court having jurisdiction. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have authority to grant any form of appropriate relief (other than punitive damages), whether legal or equitable in nature, including specific performance. Filosano and you agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity. By agreeing to arbitrate, you are agreeing to waive your right to a jury trial.

If you intend to seek arbitration you must first send written notice to Filosano of your intent to arbitrate (“Notice”). The Notice to Filosano should be clearly labeled “Notice of Intent to Bring Dispute to Arbitration” and be sent by email to Filosano at info@filosano.com. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION FILOSANO AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Notwithstanding the above, Filosano and you also both agree that you or we may bring suit in court for injunctive relief, including to enjoin infringement or other misuse of intellectual property rights.

 

APPLICABLE LAW

This site is created and controlled by us in the State of California, USA without giving effect to any principles of conflicts of laws. As such, the laws of the United States and of the State of California will govern these disclaimers, terms and conditions.

 

GENERAL TERMS

If any part of these Terms of Use is held invalid or unenforceable, that portion of these Terms of Use will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Filosano to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use. The headings of the sections of these Terms of Use are for convenience of reference only and shall not be considered in construing these Terms of Use.

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YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AND ANY OTHER AGREEMENT WE MAY HAVE ENTERED INTO WITH RESPECT TO YOUR USE OF THE SITE REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE.

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OUR ADDRESS

Please send any questions or comments regarding this Site to:

Filosano, 176 Holladay Ave, San Francisco California 94110

Go to the Homepage

Have questions? Contact us at info@filosano.com