TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF THESE
TERMS AND CONDITIONS CREATES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. THESE TERMS AND CONDITIONS
CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AND INCLUDE VARIOUS
LIMITATIONS AND EXCLUSIONS. THESE TERMS AND CONDITIONS LIMIT YOUR RIGHTS TO SELECT THE JURISDICTION IN
WHICH A DISPUTE IS TO BE ADDRESSED, REQUIRE THAT ANY SUCH DISPUTE BE ADDRESSED THROUGH AN ARBITRATION
PROCEEDING - AND NOT A COURT PROCEEDING.
- DEFINITIONS
- TERMS OF SERVICE
- NFTS - NATURE OF YOUR INVESTMENT - NO
INVESTMENT ADVICE
- THE CREATION OF AN ACCOUNT WITH US
- YOUR USE OF THE NFTS
- USE OF THE WEBSITE
- DISCLAIMERS
- OUR INTELLECTUAL PROPERTY
- THE CARDANO CLUB CROCS COIN
- LICENSE FOR ACCESS TO THE WEBSITE
- LIMITATION OF LIABILITY
- LINKS
- SECURITY
- MAINTENANCE OF WEBSITE
- MODIFICATION
- PRIVACY POLICY
- CHILDREN’S PRIVACY POLICY
- TERMINATION OF ACCOUNT
- INDEMNIFICATION
- UNITED STATES HOSTING
- LANGUAGE
- GOVERNING LAW
- ARBITRATION OF DISPUTES
- VENUE
- SEVERABILITY
- EFFECT OF WAIVER
- NO ASSIGNMENT
- NO THIRD PARTY BENEFICIARY
- INTERPRETATION
- ENTIRE AGREEMENT
- DESCRIPTIVE HEADINGS
- CONTACTING US
-
DEFINITIONS
- Certain terms that are used in these Terms And Conditions are defined below.
- “Cardona Crocs Club Coin” means a coin which, if issued by Us, will be issued a to you
without charge.
- “NFTS” means the non-fungible tokens, each of which is different, and which are offered for
sale on the Website. The term “NFTS” includes each particular non-fungible token even though
the term is used in the plural.
- “Us” means the Cardano Crocs Club, a California General Partnership.
- “Wallet” is a digital wallet which you must create in order to purchase the NFTS.
- “We” means Cardano Crocs Club, a California General Partnership.
- “Website means any website maintained or controlled by us even if such Website is not
specifically named in these Terms And Conditions.
- “You” means the person who is using the Website.
- “Your” is a reference to something which belongs or refers to you.
-
TERMS OF SERVICE
- YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, YOU ARE CONFIRMING THAT
YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN YOU HAVE NO RIGHT TO PROCESS ANY
TRANSACTION USING THE WEBSITE.
- IF YOU ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS ON BEHALF OF A COMPANY OR OTHER LEGAL
ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER
LEGAL ENTITY TO THESE TERMS AND CONDITIONS. IF THE FOREGOING SENTENCE IS APPLICABLE, THEN
"YOU" AND "YOUR" WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY, AS WELL AS TO
YOU, AS THE CONTEXT REQUIRES.
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NFTS - NATURE OF YOUR INVESTMENT - NO INVESTMENT ADVICE
- NFTS. WITHOUTLIMITINGANYTHINGSETFORTHINTHESESTERMS AND CONDITIONS, THE NFTS ARE NOTHING MORE
THAN COLLECTIBLE DIGITAL ART PIECES FOR YOU TO COLLECT AND ENJOY. EACH OF THE NFTS IS
DIFFERENT FROM ANY OTHER NFTS.
- No Investment Advice. NOTHING CONTAINED IN THESE TERMS AND CONDITIONS OR ON THE WEBSITE
CONSTITUTES OR IS TO BE CONSTRUED TO CONSTITUTE INVESTMENT ADVICE OF ANY KIND WHATSOEVER.
- No Legal Or Tax Advice. THE CONTENTS OF THESE TERMS AND CONDITIONS ARE NOT TO BE CONSTRUED
AS LEGAL OR TAX ADVICE. NOTHING SET FORTH ON THE WEBSITE IS TO BE CONSTRUED AS LEGAL OR TAX
ADVICE. YOU SHOULD CONSULT YOUR OWN ATTORNEY, ACCOUNTANT OR BUSINESS ADVISOR AS TO LEGAL,
TAX AND RELATED MATTERS CONCERNING YOUR PURCHASE AND OWNERSHIP OF THE NFTS.
- Your Purchase. YOU ACKNOWLEDGE THAT THE THERE IS NO CERTAINTY OR GUARANTEE THAT YOUR
PURCHASE OF THE NFTS WILL BE A PRUDENT PURCHASE AND/OR THAT THE NFTS WHICH YOU PURCHASE WILL
HAVE ANY VALUE IN THE MARKETPLACE OR CAN BE READILY SOLD. AMONG OTHER THINGS, THIS MEANS
THAT YOU MUST BEAR THE ECONOMIC RISK OF OWNING THE NFTS FOR AN INDEFINITE PERIOD OF TIME. IN
ADDITION, YOU ACKNOWLEDGE THAT CARDANO CROCS CLUB IS UNDER NO OBLIGATION WHATSOEVER TO
PURCHASE OR “BY BACK” ANY OF THE NFTS FROM YOU, OR TO ASSIST YOU WITH ANY MATTER, FINANCIAL
OR OTHERWISE, WHICH PERTAINS TO THE NFTS.
- Nature Of NFTS. YOU SHOULD NOT THINK OF THE NFTS AS AN “INVESTMENT”. IN ADDITION, YOU ARE
ADVISED THAT THE FUTURE RESULTS OF YOUR OWNERSHIP OF THE NFTS ARE NOT RELATED IN ANY MANNER
TO OR DEPENDENT IN ANY MANNER UPON THE ACTIVITIES AND OPERATIONS OF THE CARDANO CROCS CLUB
OR OF ANY OWNER OF CARDANO CROCS CLUB OR OF ANY AFFILIATE OF CARDANO CROCS CLUB. THE
“MARKETPLACE” (IF ONE EXISTS) FOR THE NFTS IS NOT CONNECTED TO OR INFLUENCED BY THE
ACTIVITIES AND OPERATIONS OF THE CARDANO CROCS CLUB OR OF ANY OWNER OF THE CARDANO CROCS
CLUB OR OF ANY AFFILIATE OF THE CARDANO CROCS CLUB.
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THE CREATION OF AN ACCOUNT WITH US
- The Website. The Website is made available to you so that you can create an account with us.
This means that you will have a Wallet with us. The monies which you use to purchase NFTS
will be transferred to our Wallet as a result of your purchase.
- Acceptance Of These Terms And Conditions. BY CREATING AN ACCOUNT WITH US AND LOGGING IN TO
YOUR ACCOUNT, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.
- Maintaining Confidentiality. If you create an account with us, you are responsible for
maintaining the confidentiality of your account, including your password. In addition, you
are responsible for restricting access to your account. You accept responsibility for all
activities that occur with respect to your account.
- No Support. Your use of the Website does not mean that we provide support to you in any
manner whatsoever regarding your use of the Website.
-
YOUR USE OF THE NFTS
- Introduction. Your purchase of the NFTS includes the license to use the NFTS in the manner
set forth below, subject to the limitations set forth below.
- YourUseOfTheNFTS. Subjecttotheimmediatelyfollowingsentence,the license to use the NFTs means
that you may, without any additional payment to us, use, copy, display and modify the NFTS
at your discretion, including the display on other websites. Notwithstanding anything set
forth in the immediately preceding sentence, the NFT must be used in its entirety. This
means that the layered or component parts of the NFT may not be used separately and nothing
contained herein shall mean or be construed to mean otherwise .
- Access To The NFTS. The NFTs are stored on and accessible through the Cardano blockchain.
The Company does not maintain the NFTs on the Website. Apart from transferring control of
the NFTs to you upon purchase, the Company has no control over the transfer, storage,
ownership or maintenance of the NFTs.
- Selling And Trading Of The NFTS. You may, in your sole discretion, sell and trade the NFTs.
In this regard, please see Section 3 of these Terms And Conditions.
- No Misuse Of The NFTS. You are not permitted to engage in whole or in party on any activity
which involves in any respect or degree or results in a counterfeit NFT, an imitation NFT, a
“knock-off” NFT, a fake NFT, a clone NFT or any similar inappropriate or inauthentic NFT.
-
USE OF THE WEBSITE
- Personal Use. The Website is provided to you for personal use only and may not be used for
any illegal activity or purposes, including fraud or identity theft
-
Prohibited Uses. You may not use the Website for any of the following:
- To take any action that causes, or may cause, damage to the Website or impairment of
the performance, availability or accessibility of the Website.
- In any manner that is unlawful, illegal, fraudulent or harmful, or in connection
with any unlawful, illegal, fraudulent or harmful purpose or activity.
- Copy, store, host, transmit, send, use, publish or distribute any material which
consists of (or is linked to) any spyware, computer virus, or other malicious
computer software.
- To bully, defame, annoy and/or harass any person or institution, whether explicitly
or implicitly, and whether by direct reference or otherwise.
- Conduct any systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting).
- Collect data for any direct or indirect marketing activity
- Compliance With Applicable Law. You agree to use the Website in strict compliance with all
applicable laws and regulations. It is your responsibility to comply with such applicable
laws and regulations, and your agreement to comply with these Terms And Conditions does not
the mean that you are in compliance with such applicable laws and regulations.
-
DISCLAIMERS
- YOUR USE OF THE WEBSITE EXPRESSLY EXCLUDES ANY WARRANTIES, GUARANTEES OR LIABILITIES,
EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE. THE FOREGOING EXCLUSION INCLUDES ANY
WARRANTY WITH RESPECT TO FITNESS OF THE WEBSITE OR THE ABILITY OF CARDANO CROCS CLUB TO
FURTHER YOUR PERSONAL AFFAIRS OR YOUR FINANCIAL OBJECTIVES. THE FOREGOING EXCLUSION ALSO
EXCLUDES ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY ARISING OUT OF THE COURSE OF
DEALING OR USAGE IN CONNECTION WITH YOUR USE OF THE WEBSITE.
- CARDANO CROCS CLUB, THE AFFILIATES OF CARDANO CROCS CLUB, AND THE OFFICERS, MEMBERS,
DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS OF CARDANO
CROCS CLUB (HEREINAFTER IN THIS SECTION SEPARATELY AND COLLECTIVELY INCLUDED WITHIN THE TERM
CARDANO CROCS CLUB) DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR
IMPLIED, ABOUT THE WEBSITE. YOUR ACCESS TO THE WEBSITE IS AT YOUR OWN RISK. YOU UNDERSTAND
AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN
BE GUARANTEED TO BE SECURE, AND CARDANO CROCS CLUB EXPRESSLY DISCLAIMS ANY WARRANTIES,
EXPRESS OR IMPLIED, TO THAT EFFECT.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR
EXPRESS PROMISES OR WARRANTIES WHICH COULD BE CONSTRUED TO APPLY TO YOUR USE OF THE WEBSITE
AND/OR TO THE NFTS.
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OUR INTELLECTUAL PROPERTY
- Introduction. The Website including without limitation the components thereof, constitute
our “Intellectual Property”. This means, without limitation, that we have valuable and
exclusive proprietary/ownership rights with respect to the Website which are protected by
applicable trademark, copyright and patent laws of both the United States and any relevant
foreign country.
As used herein, “Intellectual Property Rights” means all intellectual property rights
(throughout the universe, in all media, now existing or created in the future, for all
versions and elements, in all languages, and for the entire duration of such rights) arising
under statutory or common law, contract, or otherwise, and whether or not perfected,
including without limitation, (a) all rights associated with works of authorship including
without limitation copyrights, moral rights, copyright applications, copyright
registrations, synchronization rights; (b) rights associated with trademarks, service marks,
trade names, logos, trade dress, and the applications for registration and registrations of
trademarks and service marks; (c) rights relating to the protection of trade secrets and
confidential information; (d) rights analogous to those set forth in this definition and any
and all other proprietary rights relating to intangible property; and (e) divisions,
continuations, renewals, reissues, and extensions of the foregoing (as and to the extent
applicable) now existing, later filed, issued, or acquired.
- Your Use Of The Website. Your use of the Website does not entitle you to any right, title or
interest in the Intellectual Property and we retain all attendant Intellectual Property
Rights. You shall not under any circumstances alter, remove or obscure any trademark,
tradename, logo, or copyright notice which appears on the Website or is used in connection
with the Website. Notwithstanding the foregoing, upon your purchase of the NFTS you become
the owner of such NFTS.
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THE CARDANO CLUB CROCS COIN
- We may, in our sole discretion, issue the Cardano Club Crocs Coin to you. If so issued, this
is nothing more than a gift to you which is issued without warranty or further obligation.
Your use and ownership of the Cardano Club Crocs Coin is subject to all of the provisions
set forth in these Terms And Conditions.
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LICENSE FOR ACCESS TO THE WEBSITE
- For the sole purposes of accessing the Website, we grant you a non-exclusive and
non-transferable license to access and use the Website. You have no right to sublicense the
license granted to you. This limited license does not allow you to copy or sell our
Intellectual Property and/or to scrape or mine our Website. We reserve the right, without
notice and in our sole discretion, to terminate your license to use the Website, and to
block or prevent future access to and use of the Website.
- Except for the limited license granted to you, you are not conveyed any other right or
license in any way. Without limiting the generality of the foregoing, the limited license
granted to you does not mean and shall not be construed to mean that you have the right or
permission to change, copy, distribute, license, sell, transfer, transmit, broadcast or
otherwise exploit the Website on or within the Website, or to prepare any derivative work
based upon the Website on or within the Website.
- Any unauthorized use of the Website, and any use that exceeds the license granted to you,
will terminate the permission or license granted by these Terms And Conditions.
-
LIMITATION OF LIABILITY
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT NEITHER
CARDANO CROCS CLUB NOR ANY AFFILIATE, DIRECTOR, MEMBER, SHAREHOLDER OR OFFICER OF CARDANO
CROCS CLUB (HEREINAFTER IN THIS SECTION SEPARATELY AND COLLECTIVELY INCLUDED WITHIN THE TERM
“CARDANO CROCS CLUB”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, TREBLE OR OTHER MULTIPLES OF DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES ARISING
FROM OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS TO THE WEBSITE, THE
DECISIONS YOU MAKE WITH REGARD TO THE USE OF THE WEBSITE OR THE CONSEQUENCES OF YOUR USE OF
THE WEBSITE AND/OR YOUR PURCHASE OF THE NFTS.
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LINKS
- The Website may contain links to third-party applications, websites and resources(separately
and collectively referred to herein as the "Linked Sites"). The Linked Sites are provided
solely as a convenience to you and do not constitute an endorsement by us of the content on
such Linked Sites. Cardano Crocs Club makes no representations or warranties regarding the
correctness, accuracy, performance or quality of any content, software, service or
application found at any Linked Site. Cardano Crocs Club is not responsible for the
availability of the Linked Sites or the content or activities of such Linked Sites. If you
decide to access Linked Sites, you do so at your own risk. Your use of Linked Sites is
subject to any applicable policies and terms and conditions of use, including but not
limited to, the Linked Site's privacy policy.
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SECURITY
- While we work to protect the your security, we cannot guarantee that unauthorized third
parties will not be able to circumvent our security measures. Please notify us immediately
of any occasion where you believe that your use of the Website has lead to a third-party
contacting you in a manner which is not acceptable to you.
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MAINTENANCE OF WEBSITE
- The Website may be unavailable for access or use due to maintenance activities or a
malfunction matter. We are not responsible to you or to any other person for any delay,
error, defect, interruption or similar matter which occurs with respect to the Website.
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MODIFICATION
- We reserve the right in our sole discretion to modify the Website and these Terms And
Conditions. Such changes can be made at any time and without the necessity of giving notice
to you. The modification of these Terms And Conditions will be posted on the Website.
- As you continue to use the Website after we have posted the modification, you will be
agreeing - without action on your part - to be bound by the modified Terms And Conditions.
You remain free at any time to cease using the Website.
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PRIVACY POLICY
- We have established a Privacy Policy which pertains to the information which we may obtain
from you as a result of your access to and use of the Website. The Privacy Policy is posted
at the Website. You are encouraged to carefully read the Privacy Policy.
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CHILDREN’S PRIVACY POLICY
- We have established a Children’s Privacy Policy which pertains to any user who is under the
age of 18. As stated in the Children’s Privacy Policy, no person who is under the age of 18
will be permitted to establish an Account unless the prior consent of such person’s parent
or guardian has first been obtained. The Children’s Privacy Policy pertains to the
information which we may obtain from a person who is under the age of 18as a result of such
person’s access to and use of the Website. The Children’s Privacy Policy is posted at the
Website - and is set forth as a link when a person who is under the age of 18 seeks to
establish an Account. You are encouraged to carefully read the Children’s Privacy Policy.
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TERMINATION OF ACCOUNT
- You have the right to terminate and thereby close your Account at any time you desire. After
such termination, access by you to your Account will cease. The data we have collected from
you will be retained by us.
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INDEMNIFICATION
- Introduction. Set forth below are the terms by which you indemnify us in the event that a
third party (not you) names us in a lawsuit or otherwise proceeds against us while asserting
that your alleged action or omission has caused harm to such third party.
- Claim. “Claim” means a claim, or cause of action, or suit for damages, losses, obligations
and/or liabilities (including without limitation, damage to persons, property, or the
environment) made against us by a person or entity other than you which claims, threatens or
asserts that We are responsible or liable for damages, losses, obligations and/or
liabilities suffered or supposedly suffered by such third party (regardless of the
legitimacy of such claim, threat or assertion) and that such damages, losses, obligations
and/or liabilities suffered or supposedly suffered by such third party are the result
(whether directly, indirectly or otherwise) of your actions or omissions.
- Indemnification Of Us By You. If a Claim is made against Us, then you shall indemnify,
defend and hold us harmless from and against the Claim (except to the extent that such Claim
pertains to or is derived from the actions or omissions of Us).
- Participation By Us. Nothing contained herein shall mean or be construed to mean that we
shall not have the right to participate in the legal proceeding pertaining to the Claim
represented by legal counsel unilaterally selected by us.
- Survival. The provisions of this Indemnity Section of the Terms And Conditions shall survive
the termination of your relationship with us regardless of when or how such relationship is
terminated. Without limiting the generality of the foregoing, your ceasing to use the
Website does not mean that your obligation to indemnify Cardano Crocs Club Group is limited
or terminated. The amendment or modification of these Terms and Conditions (whether
substantially, technically or in a limited manner) does not mean that your obligation to
indemnify the Cardano Crocs Club is limited or terminated.
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UNITED STATES HOSTING
- The Website is based in the United States. If you are using the Website outside of the
United States, there may be local law which applies, and you agree to comply with such law
without guidance or input from us.
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LANGUAGE
- The language for these Terms and Conditions is English. We are not responsible for the
method by which you may have these Terms and Conditions explained to you or translated for
you. We are not responsible for the accuracy of any such explanation or translation of these
Terms and Conditions.
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GOVERNING LAW
- These Terms and Conditions are governed by and construed in accordance with the law
applicable to contracts made and to be performed wholly within California, and without
regard to the conflicts of laws principles thereof.
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ARBITRATION OF DISPUTES
- General. Anycontroversyorclaimarisingoutof,orrelatingto,theseTerms and Conditions, the
breach thereof, or your Account, or the validity of this arbitration provision, shall be
settled by binding arbitration in Los Angeles County in accordance with the Commercial
Arbitration Rules of the American Arbitration Association, and the judgment upon any award
rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Nothing contained herein shall prevent any party from (i) seeking and obtaining equitable
relief, including but not limited to, prohibitory or mandatory injunctions, specific
performance, or extraordinary writs, nor (ii) filing legal action to compel arbitration
under the provisions hereof, provided that such party stipulates in such action, at any
other party's request, to arbitration on the merits of said case.
The immediately
preceding paragraph means that your use of the Website constitutes your agreement that if
any dispute arises between you and us with pertains to these Terms and Conditions (which
cannot otherwise be resolved through communication between us) any such dispute, including
all aspects relating to such dispute, whether relating to the alleged breach, termination,
enforcement, interpretation or validity of these Terms and Conditions or the use of the
Website (each and all of such matters being referred to herein as a “Dispute”) will be
settled by binding arbitration, as described herein.
- Waiver Of Jury Trial and Of Class Action. THE FOREGOING PARAGRAPHS MEAN THAT YOU ARE WAIVING
THE RIGHT TO A TRIAL BY JURY REGARDING THE DISPUTE OR TO PARTICIPATE AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT WHICH MIGHT BE RELEVANT TO THE DISPUTE,
CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE
PROCEEDING.
- Arbitration Procedure. If you believe that a dispute has arisen and you desire to initiate
arbitration you must provide us with a written Demand for Arbitration as specified in the
Commercial Arbitration Rules of the American Arbitration Association. The same rule applies
if we desire to initiate an arbitration with you.
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 American Arbitration Association’s roster of consumer
dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7)
business days of delivery of the Demand for Arbitration, then American Arbitration
Association the will appoint the arbitrator in accordance with the Commercial Arbitration
Rules of the American Arbitration Association.
You are specifically advised that the
arbitrator will have wide the discretion in conducting the arbitration.
- Admissibility Of These Terms And Conditions. A printed version of these Terms and Conditions
shall be admissible in the arbitration proceeding to the same extent as would be the case
with any other business document which was initially generated in a physical and/or printed
form.
- Award In Arbitration. The arbitrator will render an award pursuant to the Commercial
Arbitration Rules of the American Arbitration Association. 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.
If you prevail in the arbitration you may be entitled to an award of attorneys' fees
and expenses, to the extent provided under California law. If we prevail in the arbitration,
we may be entitled to an award of attorneys' fees and expenses.
- Payment Of Arbitration Fees And Costs. Unless otherwise agreed to us in writing, you will be
responsible for the payment of any filing, administrative and arbitrator fees payable to the
American Arbitration Association in the case where you initiate the arbitration.
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VENUE
- The Arbitration described above shall be brought exclusively in Los Angeles County,
California. This means that you are waiving any claim or defense that such forum is not
convenient or proper. In addition, you are agreeing that a final judgment in any such
arbitration shall be conclusive and may be enforced in Los Angeles County and in such other
jurisdictions in the manner specified by law.
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SEVERABILITY
- General. If any provision of these Terms and Conditions, as applied either to you or us or
to any circumstance, shall be found to be void, invalid or unenforceable, this shall in no
way affect any other provision of these Terms and Conditions, or the application of any such
provision in any other circumstance, or the validity or enforceability of these Terms and
Conditions. In addition, any provision which is found to be void, invalid or unenforceable
shall be curtailed and limited only to the extent necessary to bring such provision within
the requirements of the law.
- Foreign Jurisdictions. Without limiting the generality of Paragraph A. immediately above, if
any of the provisions of these Terms and Conditions is inconsistent with the law of any
jurisdiction outside of the United States, then these Terms and Conditions shall be read and
apply as if such provision is not a part of these Terms and Conditions.
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EFFECT OF WAIVER
- No waiver by you or by us of any term or condition of these Terms And Conditions shall be
deemed or construed to be a waiver of such term or condition in the future, or of any
preceding or subsequent breach of the same or any other term or condition of this or any
other agreement. All remedies, rights, undertakings, obligations and agreements contained in
these Terms And Conditions shall be cumulative. No particular remedy, right, undertaking,
obligation or agreement contained in these Terms And Conditions shall be in limitation of
any other remedy, right, undertaking, obligation or agreement set forth in these Terms And
Conditions.
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NO ASSIGNMENT
- These Terms And Conditions are not to be assigned by you to another person or entity and any
attempted assignment by you shall be null and void and have no effect. We may assign these
Terms And Conditions to any affiliate of Cardano Crocs Club without your consent. Subject to
the immediately preceding two sentences, these Terms And Conditions and all provisions
hereof, shall inure to the benefit of and be binding upon each of us, and the respective
successors in interest, assigns, administrators, executors, heirs and devisees of each of
us. You acknowledge that if you die, the ability of your successor(s) in interest (whether
one or more heirs, one or more beneficiaries and/or your court appointed administrator(s) or
executor(s) or otherwise) to access the Website and use your login and password (if an
Account is established) is not authorized by these Terms And Conditions.
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NO THIRD PARTY BENEFICIARY
- These Terms And Conditions do not and are not intended to confer any rights or remedies upon
any person other than you and us. This includes the fact that if you die, the ability of
your successor(s) in interest (whether one or more heirs, one or more beneficiaries and/or
your court appointed administrator(s) or executor(s) or otherwise) to access the Website and
use your login and password information is not authorized by these Terms And Conditions.
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INTERPRETATION
- These Terms And Conditions are to be interpreted fairly and simply, and not strictly for or
against either you or us, regardless of the fact that we have prepared these Terms And
Conditions.
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ENTIRE AGREEMENT
- These Terms And Conditions, constitute the entire agreement between you and us pertaining to
the subject matter hereof. No supplement, modification or amendment of these Terms And
Conditions shall be binding except through the updating of these Terms And Conditions as
provided for herein.
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DESCRIPTIVE HEADINGS
- The descriptive headings which are used herein are for convenience only and shall not
control or affect the meaning or construction of any provision of these Terms And
Conditions.
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CONTACTING US
- On the Website, there is a link that enables you to contact us by e-mail. You will be
required to provide us with various information in order for us to be able to address your
questions or concerns.