IMPORTANT: THESE TERMS OF USE REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE “AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW” PROVISION BELOW. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE AND SERVICES IN ANY WAY, AS THEY CONTAIN IMPORTANT INFORMATION.
OVERVIEW
This website is provided by Creative Genius, LLC DBA Pura Vida Bracelets. Throughout the site, the terms “we”, “us” and “our” or the like, refer to Creative Genius, LLC DBA Pura Vida Bracelets. Any person accessing or using the website and any associated webpages, including, without limitation, www.etradeq.com (collectively, the “Websites”) is referred to as “you”. Creative Genius, LLC DBA Pura Vida Bracelets offers the Websites, including all information, tools and services available from the Websites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting the Websites, using any function on the Websites (e.g. signing up for our mailing list, registering for an account, etc.) and/or purchasing something from us, you engage in our “Services” and agree to be bound by these terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by link such as our SMS Terms and Conditions and our Privacy Policy. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our Websites. By accessing or using any part of our Websites, you agree to be bound by these Terms. If you do not agree to all of these Terms, then you may not access or use the Websites or any services therein. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the Websites shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to modify and/or change these Terms at any time, effective upon posting updated Terms (or parts thereof). It is your responsibility to check this page periodically for changes, modifications, amendments, etc. Your continued use of, or access to the Websites following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Submissions to, and use of, the Websites are made available only to persons over the age of 13 and to persons who can form legally binding agreements under applicable law. Although users of all ages are welcome to browse the Website, the Website is not intended to be used by children under the age of 13 and children under the age of 13 are not to submit any personally identifying information through the Website.
You may not use the Websites, Services, or products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to intellectual property laws).
You acknowledge and agree that you may only purchase products from us solely for your own personal, non-commercial use. You may not purchase any products or use any of our Services to further distribution or resale or for any other commercial or business purposes.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of our Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred without encryption and involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Websites and Services, use of the Websites and Services, or access to the Website and/or Services or any contact on the Websites through which any Services are provided, without our express written permission.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Websites is not accurate, complete or current. All materials on the Websites are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Websites is at your own risk.
The Websites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Websites at any time, but we have no obligation to update any information on the Websites.
You agree that it is your responsibility to monitor changes to the Websites.
SECTION 4 – MODIFICATIONS TO PRODUCTS, SERVICES, AND PRICES
Prices for our products and Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part thereof) without notice at any time.
We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).
SECTION 5 – PRODUCTS AND SERVICES
Certain products or Services may be available exclusively online through the Websites. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Websites. We cannot guarantee that your computer monitor’s display of any color will be accurate
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products, Services, and related pricing are subject to change at any time without notice, at our sole and absolute discretion. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made on the Websites is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
User Accounts
Some of the products and Services available through or in connection with our Websites require you to register for an account. There is a limit of one (1) account per individual and you may only establish an account if you are 18 years of age or over.
To establish an account, you must complete the free registration process on the Websites. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant that you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
Subscription Services
Some of the products and Services available through or in connection with our Websites require you to purchase a subscription to have certain products shipped to you on a monthly schedule. The price that we will charge you for subscriptions is based on a tiered pricing structure that depends on the length of the initial subscription period – monthly, semi-annual (6 months), and annual (12 months). We reserve the right to change a product’s price or the tiered pricing structure at any time, with appropriate notice to you.
YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT.
You hereby authorize us and our merchant provider(s) to charge your credit card, debit card, or other acceptable method of payment in advance for all applicable fees incurred by you or on your behalf in connection with the product or Service you have chosen to purchase. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your account by you or anyone else using your account. We reserve the right to terminate any account at any time for any reason. For monthly subscriptions, your payment method will be charged on the 7th calendar day of each following month. For semi-annual subscriptions your payment method will be charged on the 7th calendar day of the month following the initial 6-month period. For annual subscriptions, your payment method will be charged on the 7th calendar day of the month following the initial one-year period.
To avoid being charged for the next subscription period, you must cancel or pause your subscription before the 7th calendar day of the month in which your subscription renews. We will continue to bill your Payment Method on a recurring basis until you cancel or pause. Cancellation simply avoids the recurring charge and we do not issue refunds for the remaining months of a pre-paid semi-annual or annual subscription.
If you have created an account, you may cancel your subscription from your account located at https://www.etradeq.com/account. Click on the “Manage Subscriptions” link, then follow instructions towards cancellation.
If you do not have an account with us, or if you just prefer to call or email for any reason, you may cancel your subscription by calling us at (858) 232-4945 or emailing us at [email protected]. Please note: We do not offer live phone support at this time, but if you leave us a voicemail with your name and email address, we will follow up with you within 24 hours.
Pausing your monthly subscription: If you have purchased a subscription that renews each month, and is not prepaid, we offer the ability to pause your subscription on a monthly basis at no additional charge. You will not be charged for the months that you elect to pause; so long as you pause your subscription before the 7th calendar day of that month. You can pause your monthly subscription by simply contacting us at (858) 232-4945 or emailing us at [email protected] to let us know you want to skip that month’s pack. Please note: We do not offer live phone support at this time, but if you leave us a voicemail with your name and email address, we will follow up with you within 24 hours. If you have an account with us, you can log into your account at https://www.etradeq.com/account and click on the “Manage Subscriptions” link, then follow instructions for pausing/skipping shipments. You must notify us through any of the methods mentioned above (by calling during business hours, emailing us or logging into your account) that you are skipping prior to the 7th calendar day of each month you want to pause/skip. Your monthly subscription will automatically renew and continue in the following month, unless you pause your subscription again following the simple steps listed above, or if you chose certain months to pause/skip. At this time, we do not offer the option to pause/skip shipments for annual and semi-annual subscriptions.
If your order’s already on the way and you still want to pause or cancel, reach out to us and we’ll try our hardest to come up with a solution.
SECTION 6 – REWARDS PROGRAMS
We offer a rewards program called The Shore Club (“Program”) through www.etradeq.com that is open to legal residents of the fifty (50) United States and the District of Columbia. The Program allows an account holder to accumulate and redeem points called “Shore Dollars”, on an individual basis and solely for your own account.
In order to be able to access and redeem Shore Dollars you have earned; you must first register for an account through the Websites.
Membership Tiers
Membership in The Shore Club has 3 membership tiers.
First Tier – The #PVInsider Tier: By creating an account through the Websites, you will be automatically enrolled in the #PVInsider membership tier. In addition to earning Shore Dollars, while you are a #PVInsider, you are included in an insider mailing list.
Second Tier – The #PVIP Tier: By spending between USD$100.00 and USD$199.00 on Qualifying Purchases, you will be enrolled in the #PVIP membership tier. In addition to earning Shore Dollars, while you are a #PVIP you qualify for exclusive promotions, early access to certain sales and promotions and are included in an insider mailing list.
Third Tier – The #PVA-Lister Tier: By spending USD$200.00 or more on Qualifying Purchases, you will be enrolled in the #PVA-Lister membership tier. In addition to earning Shore Dollars, while you are an #PVA-Lister you qualify for exclusive promotions, early access to certain sales and promotions, free shipping on all orders and are included in an insider mailing list.
Your membership tier is determined by the amount you spend on Qualifying Purchases (as defined below) within a rolling 12-month period. For example, if you spend $200 on Qualifying Purchases, you will be enrolled as a #PVA-Lister for a period of 12 months from the original date of purchase. If you do not spend at least an additional USD$200.00 on Qualifying Purchases within 12 months of entering the #PVA-Lister tier, then your membership tier will be automatically decreased to the corresponding tier based on the amount you actually spent on Qualifying Purchases in that period.
Earning Rewards Points Through Qualifying Purchases
When you shop on the Websites your account will be credited with an amount of Shore Dollars based on your current membership tier, as follows:
#PVInsider members earn 1 Shore Dollar for every USD$1.00 spent on any “eligible product” that is purchased and not returned (“Qualifying Purchase”).
#PVVIP members earn 1.5 Shore Dollars for every USD$1.00 spent Qualifying Purchases.
#PVA-Lister members earn 2 Shore Dollars or every USD$1.00 spent on Qualifying Purchases.
The amount of Shore Dollars earned from a Qualifying Purchase is calculated based on the subtotal, after all discounts have been applied. You do not earn any Shore Dollars for amounts spent in connection with applicable taxes, and shipping and handling. When products are returned for a refund to the original payment method, Shore Dollars will be deducted from your account for the amount of return, net of taxes, shipping and handling.
“Eligible products” include regular priced merchandise purchased by an individual consumer directly from the Websites, and specifically does not include (i) fundraising products; (ii) custom bracelets or products; (iii) engraved bracelets or products; (iv) promotions (e.g. giveaways, holiday sales, etc.). For the avoidance of doubt, no Shore Dollars are earned for purchase of products at bulk, products purchased by or for any organization or entity (i.e. fundraising events, corporate or business accounts, retail or wholesale accounts, etc.). We reserve the right, and you hereby grant us the right to review account activity for purchase patterns that fall outside the intended use of the Program. We have the sole discretion to determine whether your purchase patterns violate these Terms and if we make such a determination, then your Shore Dollars will be forfeited and your account may be suspended or terminated at our sole discretion.
If you make a Qualifying Purchase of $1,200 or more on our Websites, you will earn the appropriate number of Shore Dollars for that purchase, based on your current Membership Tier, however, you will not earn Shore Dollars on any and all future Qualifying Purchases or Activities.
Earning Rewards Points Through Activities
You can earn Shore Dollars through participating in various activities on the Websites. For example, (i) creating your account currently earns you 25 Shore Dollars, (ii) account holders currently earn a 25 Shore Dollar bonus on your birthday, (iii) following us on TikTok currently earns 15 Shore Dollars, and (iv) following us on Instagram currently earns 15 Shore Dollars. These amounts are subject to change.
Redeeming Rewards Points
You can redeem Shore Dollars for eligible products, and/or discounts that will be applied to the purchase price of eligible products.
Redeeming for Discounts:
200 Shore Dollars can be redeemed for USD$10.00 off the purchase price of eligible products;
400 Shore Dollars can be redeemed for USD$20.00 off the purchase price of eligible products;
600 Shore Dollars can be redeemed for USD$30.00 off the purchase price of eligible products;
800 Shore Dollars can be redeemed for USD$40.00 off the purchase price of eligible products.
1000 Shore Dollars can be redeemed for USD$50.00 off the purchase price of eligible products.
You cannot redeem Shore Dollars for the purchase of, or discounts off, initial subscription purchases or any recurring order(s). You cannot redeem Shore Dollars for the purchase of, or discounts off, custom bracelets and/or products. We reserve the right to substitute a reward item of comparable or greater value, at our sole discretion.
Shore Dollars or applicable rewards cannot be applied to previously purchased products and/or services and are only eligible on next purchase.
For more information about the current ways to redeem Shore Dollars for eligible products and discounts, please visit The Shore Club FAQ.
Expiration of Rewards Points
Shore Dollars will automatically expire twelve (12) months from the date they are earned or if the Program is terminated, whichever is earlier. It is your responsibility to monitor your account and Shore Dollar status. Please note that the action of making redemptions of your Shore Dollars does not qualify as a “purchase” for the purpose of this determination.
General Rewards Program Conditions
You agree not to abuse the Program and any social media platforms connected to the Program by conduct which is detrimental to our interests, including without limitation, attempting to accrue points or redeem Shore Dollars in a manner inconsistent with these Terms or the intent of these Terms, attempting to earn points through illegitimate channels, participating in redemption fraud, or tampering with the Program or its tools.
We reserve the right at any time to (i) suspend or terminate the Program at any time; (ii) add, modify and/or delete any parts of the Program, the points you can earn in connection with completing any Qualifying Purchases and/or any limitations placed on total points you can earn in connection with any Qualifying Purchases; and (iii) create, add, withdraw, amend, or otherwise change the ways in which you can earn and/or redeem rewards points, at any time at our sole discretion, with or without notice to you. Rules for earning rewards points may include number of rewards points earned for the activity, number of times reward points can be earned for a particular activity, maximum number of reward points that can be earned, and criteria for earning rewards points. We also reserve the right to make activities and rules for the activities available only to select account holders, and may be based on purchase activity, geographic location, level of participation, and/or information supplied by you.
Any changes we make will be effective immediately upon notice, which we may give by the new Program terms and conditions updated on this page. Your participation in the Program after such notice will be deemed acceptance of such changes. It is your responsibility to check back regularly for any updates and changes.
You cannot transfer, substitute or redeem Shore Dollars for cash. Your Shore Dollars have no cash value. You cannot give or transfer your Shore Dollars to anyone else. Once you redeem Shore Dollars, the redemption cannot be reversed and is final. Products purchased using Shore Dollars cannot be returned to us and no Shore Dollars will be returned to you if you attempt to return such products to us.
The Program is not valid with in combination any other programs that we offer. By participating in the Program, you (and, if an eligible minor, your parent or legal guardian) agree (i) to release, discharge, indemnify and hold harmless us, our parents, subsidiaries, affiliates, retailers, advertising and promotion agencies, and all of their respective representatives, officers, directors, shareholders, employees and agents (collectively, “Released Parties”) from any liability or damages which may arise out of participation in the Program or out of the acceptance, use, misuse or possession of any rewards points or products attained, achieved or received through this Program.
The Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected rewards points, requests, items or other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Program, the tabulating of rewards points, the announcement of the Program or in any Program-related materials. Persons found tampering with or abusing any aspect of the Program, who are acting in a disruptive or unsportsmanlike manner or who are otherwise not in compliance with these Terms as solely determined by us may be removed from the Program and all rewards points will be void. The Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Program or downloading materials from or use of the Websites.
All questions or disputes regarding the Program, including without limitation those involving eligibility, participation, fraud and abuse, will be resolved by us.
Your participation in the Program constitutes permission for us and our designees to use your name, biographical information, image, likeness and/or statements about the Program for advertising, trade, promotional and other purposes in any and all media now or hereafter devised, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law.
Your personal information collected in connection with this Program will be used in accordance with our Privacy Policy that can be located here https://www.etradeq.com/privacy-policy.
The Program is void to the extent prohibited by law.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Websites are entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Websites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on the Websites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. You can view our Privacy Policy here https://www.etradeq.com/privacy–policy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Websites or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Websites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Creative Genius, LLC DBA Pura Vida Bracelets, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Creative Genius, LLC DBA Pura Vida Bracelets and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 19 – AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WE BOTH AGREE TO ARBITRATE: You and Creative Genius, LLC DBA Pura Vida Bracelets agree to resolve any claims relating to these Terms through final and binding arbitration.
WHAT IS ARBITRATION? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Section 19 is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.
The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.etradeq.com or [email protected]. To initiate arbitration, you or Creative Genius, LLC DBA Pura Vida Bracelets must do the following:
- Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a “Demand for Arbitration” at www.etradeq.com;
- Send three copies of the “Demand for Arbitration”, plus the appropriate filing fee to your local JAMS office or to JAMS, 401 B Street, Suite 2100, San Diego, CA 92101; and
- Send one copy of the “Demand for Arbitration” to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under these Terms shall be held in the United States in San Diego, California under California law without regard to its conflict of laws provisions. If traveling to San Diego, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Creative Genius, LLC DBA Pura Vida Bracelets, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff, or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Creative Genius, LLC DBA Pura Vida Bracelets in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at [email protected] and providing the requested information as follows: (1) your name; (2) the URL of these Terms of Sale; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt out of this arbitration provision in these Terms. This Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using any of the Websites.
SMALL CLAIMS OPTION: You and Creative Genius, LLC DBA Pura Vida Bracelets agree that if a claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration as follows: (a) The parties may take their claims to small claims court without first filing with the JAMS. (b) After a case is filed with JAMS, but before the arbitrator is formally appointed to the case by the JAMS, a party can send a written notice to the opposing party and the JAMS that it wants the case decided by a small claims court. After receiving this notice, the JAMS will administratively close the case. (c) After the arbitrator is appointed, if a party wants to take the case to small claims court and notifies the opposing party and the JAMS, it is up to the arbitrator to determine if the case should be decided in arbitration or if the arbitration case should be closed and the dispute decided in small claims court
CHOICE OF LAW/FORUM SELECTION: In any circumstances where this Section 18 (Agreement to Arbitrate Disputes and Choice of Law) permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the Southern District of California.
SECTION 20 – CONTACT INFORMATION
Questions about these Terms should be sent to us at [email protected].
For general questions, feel free to email us at [email protected]. Please note: We do not offer live phone support at this time, but if you leave us a voicemail with your name and email address, we will follow up with you within 24 hours.