MOBILE SERVICES TERMS & CONDITIONS:
The following terms and conditions govern your use of the Eastern Cannabis Co. Mobile Service (Alpine IQ). Your use of any aspect of Alpine IQ will constitute your agreement to comply with these terms and conditions.
Service description, opt-in and opt-out:
Alpine IQ offers text message Eastern Cannabis Co. offers delivered to your phone. Upon submission of your phone number to Eastern Cannabis Co. online registration system you will receive an SMS text message requiring confirmation response from your mobile. Your text message confirmation response will constitute agreement to comply with these terms and conditions. Text “STOP” from your mobile phone and we will unsubscribe you from our SMS text messaging service immediately. You will receive an OPT OUT confirmation message and will not receive any additional messages until you re-register on our website OR you initiate additional text requests to the phone numbers listed.
Providers and fees:
Standard messaging charges apply. Other costs may apply, please consult with your cell phone plan or service provider to verify service costs. All charges are billed by and payable to your mobile service provider.
Contact information and content:
You agree that the cell phone number you enter in Alpine IQ is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity. You agree not to modify the format or branding of the content provided in Alpine IQ (“Content”), or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by us, our affiliates or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or Alpine IQ except as expressly provided for in this Agreement.
We provide Alpine IQ “as is” and shall not be held liable for your use of the information, content, or material contained therein. We will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. Eastern Cannabis Co. reserves the right to discontinue or alter the terms of deals, offers, and specials sent via mobile message at any time.
By opting into this program, I acknowledge that I am at least 21 years of age.
Agreement to Arbitrate
YOU AND EASTERN CANNABIS CO. MUTUALLY AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION. This will prohibit you from bringing any class, collective, or consolidated action against Eastern Cannabis Co. , and will also prohibit you from participating in or recovering relief under any current or future such actions brought against Eastern Cannabis Co. by someone else. This agreement to arbitrate (“Arbitration Agreement”) also applies to claims between you and Eastern Cannabis Co. ’s Third-Party Providers, and such Third-Party Providers will be considered intended third party beneficiaries of this Arbitration Agreement.
You and Eastern Cannabis Co. agree that any dispute, claim, or controversy, whether based on past, present or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof) and any other federal and state statutory and common law claims (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. All disputes concerning contract formation and/or the arbitrability of a Dispute (including disputes about the scope, applicability, enforceability, legality, revocability, or validity of the Arbitration Agreement) have been delegated to and will be decided by the arbitrator, except as expressly provided herein.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND EASTERN CANNABIS CO. ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL DISPUTES, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. NEITHER PARTY HAS THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL AND DISCOVERY AND APPEAL RIGHTS WILL BE LIMITED. Even if all parties have opted to litigate a claim in court, you or Eastern Cannabis Co. may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit.
Prohibition Of Class Actions And Non-individualized Relief
You acknowledge and agree that you and Eastern Cannabis Co. are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class, collective, or consolidated proceeding. Further, unless both you and Eastern Cannabis Co. otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, collective, consolidated or representative proceeding.
Arbitration Rules And Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879 or any subsequent applicable telephone number.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration and a separate form for California residents at adr.org. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location And Procedure
Unless you and Eastern Cannabis Co. otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Eastern Cannabis Co. submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
The arbitrator’s decision will be final and binding except for (1) any review allowed by the Federal Arbitration Act (“FAA”), notwithstanding the Act’s inapplicability to this Agreement in every other respect; (2) a decision that awards more than $10,000 may be appealed to a new appellate arbitrator by the party who is to pay the award; and (3) an award of injunctive relief may be appealed to a new appellate arbitrator by the party to be enjoined. The appellate arbitrator is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than 30 days after the original award issues. The appealing party pays all appellate costs unless the appellate arbitrator determines otherwise as part of its award. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision will be severed from this Arbitration Agreement, (2) severance of the unenforceable or unlawful provision will have no impact on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis, and (3) to the extent that any Disputes must therefore proceed on a class, collective, consolidated or representative basis, such Disputes must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. In any case in which the Dispute proceeds on a class, collective, consolidated or representative basis and there is also a final judicial determination that this Arbitration Agreement is unenforceable as to a portion (but not all) of such Dispute, then such portion of the Dispute will be severed from any remaining claims and the remainder will be enforced in arbitration on an individual basis as to all other Disputes to the fullest extent possible. Except as otherwise provided herein, this “Arbitration Agreement” section will survive any termination of this Agreement