Terms of service
These Terms of Use (“Terms”) apply to and govern your access and use of the website ponceaurora.com, and the information and services made available at the website. These Services are solely intended to providing general information and are not intended to provide medical advice of any kind. Please read these Terms carefully before accessing, browsing or using the Services. By accessing, browsing
or using any of the Services, you acknowledge that you have read, understood and
agree to these Terms, and you represent and warrant that you are authorized and of
a legal age to form a binding contract with Ponce Aurora. If you do not agree to these
Terms, you may not browse or use the Services, including any of the information offered therein.
THE SERVICES ARE NOT INTENDED FOR USE BY INDIVIDUALS UNDER THE AGE OF EIGHTEEN (18). IF YOU ARE UNDER EIGHTEEN (18) YEARS OLD, DO NOT ACCESS OR USE THE SERVICES (INCLUDING THE SITES).
THESE TERMS CONTAIN A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE THE
APPLICABLE LAW AND DISPUTE RESOLUTION SECTION BELOW FOR ADDITIONAL INFORMATION.
- Not Intended as Medical Advice
All information made available via the Services, including any product, service,
business or medical information, is solely for informational purposes only. Such
information is not a substitute for actual medical care. You should not use the
information available on or through the Services for diagnosing or treating a health
problem or disease or prescribing any medication. Any statements made about
products have not been evaluated by the U.S Food and Drug Administration and the
results reported, if any, may not necessarily occur in all individuals. You should
always speak with your physician or another healthcare professional before taking
any medication or supplement, or adopting any treatment for a health problem.
Persons requiring diagnosis or treatment, or who have specific questions related to
their condition or care, are urged to contact their health care provider. Ponce Aurora
makes no representation and assumes no responsibility for the accuracy of the
information contained on or available through the Services, and such information is
subject to change without notice. - Intellectual Property Ownership
All text, content, documents, names, logos, trademarks, service marks, brand
identities, characters, trade names, graphics, designs, copyrights, trade dress, or
other intellectual property appearing in the Sites or otherwise made available via the
Services, and the organization, compilation, look and feel, illustrations, artwork,
videos, music, software and other works on the Sites or otherwise made available
via the Services (the “Materials”) are owned by Ponce Aurora and its affiliates or
used with permission or under license from a third party (hereinafter collectively
referred to as the “Owner”) and are protected under copyright, trademark and other
intellectual property and proprietary rights laws. As between Ponce Aurora and you,
all right, title and interest in and to the Materials will at all times remain with Ponce
Aurora and/or its Owners. The word “Ponce Aurora,” the “Ponce Aurora” logo, and
other marks, logos and titles are registered and/or common law trade names,
trademarks or service marks of Ponce Aurora. Except as expressly provided in this
Section 2, nothing in these Terms or the Services shall be construed as conferring
any license under Ponce Aurora’ and/or its Owner’s intellectual property rights,
whether by estoppel, implication or otherwise. Notwithstanding anything herein to the
contrary, Ponce Aurora may revoke any of the foregoing rights and/or your access to
the Services, or any part thereof, including the blocking of your IP Address, at any
time without prior notice. - Restrictions on Use
The use or misuse of the Services or any Materials, except as provided in the Terms
or in the Materials, is strictly prohibited. You agree that any copy of the Materials (or
any portion of the Materials) that you make must retain all copyright and other
proprietary notices contained herein or therein. Framing of the Sites or Materials or
posting of Materials on other websites is strictly prohibited.
You shall not, without Ponce Aurora’ express written consent: (a) distribute text or
graphics to others, (b) copy and retransmit, disseminate, broadcast, circulate, or
otherwise distribute the Materials on any other server, or modify or re-use all or part
of the Materials on this system or any other system, (c) use any tradename,
trademark, or brand name of Ponce Aurora in metatags, keywords and/or hidden
text, (d) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise
display the Materials, in whole or in part, for public or commercial purposes or
modify, translate, alter or create any derivative works thereof, (e) create derivative
works from the Materials or commercially exploit the Materials, in whole or in part, in
any way.
You may not (a) use the Services, the Materials, and/or any portion thereof, in any
manner that may give a false or misleading impression, attribution or statement as to
Ponce Aurora, the Owner, or any third party referenced therein, (b) use or attempt to
use the Materials accessible via the Services for unlawful purposes, (c) alter, remove
or obscure any copyright notice, digital watermarks, proprietary legends or any other
notice included in the Materials; (d) attempt to gain unauthorized access to any
portion or feature of the Services, to any other systems or networks connected to the
Services, to any of Ponce Aurora’ servers, including but not limited to by hacking,
password “mining”, or any other unauthorized means; (e) upload or attempt to
upload any viruses or other malicious code to the Site; (f) attempt to breach the
security or bypass the authentication measures for the Services, or take any action
that interferes with the proper working of the Services, compromises the security of
the Services, or otherwise damages the Services ; (g) impersonate or misrepresent
your affiliation with any person or entity; or (h) encourage or enable any other
individual or entity to do (or attempt to do) any of the foregoing.
You may not, without Ponce Aurora ‘s prior written consent: (a) use or attempt to use
bots, scripts, spiders, crawlers, software, or other tools, devices, or processes on the
Materials or Services for any purpose, including but not limited to mining, scraping,
accessing, or collecting designs or content available on the Materials or via the
Services; or (b) use designs or content obtained from the Materials or Services for
use in any other product, service, or offering, including but not limited to websites,
mobile applications, or other digital services. - Links
The Services may contain links allowing you to leave the Sites for other sites that are
not under our control (“Linked Site”). Ponce Aurora provides the linked sites to you
only as a convenience and does not endorse any Linked Sites. Ponce Aurora is not
responsible for the contents or transmission of any Linked Site or any link contained
in a Linked Site or for ensuring that the Linked Sites contain no errors or viruses.
Ponce Aurora is not responsible for the terms of use or privacy practices of the
Linked Sites or any link contained in the Linked Sites. Your linking to any Linked Site
or any other off-site page or other site is entirely at your own risk. Ponce Aurora
encourages you to carefully read the policies of each site you visit. - Submitted Ideas, Reviews, Comments, and Other Content
While Ponce Aurora appreciates your interest in Ponce Aurora and the Services,
Ponce Aurora does not want and cannot accept any ideas or information you
consider confidential and/or proprietary. Except as expressly provided, all comments,
suggestions, ideas, notes, drawings, concepts, or other information disclosed or
offered to us by you through the Services or in response to solicitations on the
Services shall be deemed to be non-confidential and non-proprietary and shall be
the exclusive property of Ponce Aurora. Further, you understand and acknowledge
that Ponce Aurora employs both internal and external resources, which may have
developed or may in the future develop ideas identical to or similar to your
suggestions or comments to suggestions and that Ponce Aurora is only willing to
consider the suggestion on these terms. In any event, you acknowledge and agree
that Ponce Aurora assumes no obligation of confidentiality or nondisclosure, express
or implied, by con
Sidering your suggestion or idea. Without limitation, Ponce Aurora shall exclusively
own, and you hereby irrevocably transfer and assign to Ponce Aurora, all now known
or hereafter existing rights in and to the suggestion, and Ponce Aurora shall be
entitled to unrestricted use of the suggestion for any purpose whatsoever,
commercial or otherwise without any form of compensation.
We may allow you to post reviews, comments, and other similar content (“Reviews”)
on the Services. You may not submit Reviews containing content that is illegal,
obscene, threatening, defamatory, misleading, invasive of privacy, infringing of
intellectual property rights (including publicity rights), or otherwise injurious to third
parties or objectionable. You may not submit Reviews that contain software viruses,
political campaigning, commercial solicitations, or any form of unsolicited commercial
electronic messages. You may not submit Reviews using a misleading or false e-mail
address or while attempting to impersonate any person or entity. We reserve the
right (but not the obligation) in our sole discretion to remove any Reviews that we
believe violate these Terms. You grant Ponce Aurora a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, perform, translate, create derivative works from, distribute, and display
Reviews throughout the world in any media. You grant Ponce Aurora and
sublicensees the right to use the name that you submit in connection with such
content if they choose. - Disclaimers
While we strive to make the Services, Materials and the features, content and
information provided through the Services reasonably helpful, useful, reliable and
current, you understand and agree that your access to and use of the Services, the
Materials, and all information available through the Services are at your own initiative
and risk. We make no representation as to the quality, completeness, accuracy,
reliability, or timeliness of any information made available via the Services. For
example, products identified on a Site may be unavailable, may have different
attributes than those listed, or may actually carry a different price than that stated on
the Site. In addition, we may make changes in information about price and
availability without notice. We do not promise, covenant, represent, warrant or
guarantee that you or any other user of the Services will obtain any particular or
tangible result or goal through the use of the Services, or obtain any other product or
service in connection with the use of the Services. Under no circumstances will we
be liable for any loss or damage caused by your reliance on information obtained
through the Services.
Without limiting the foregoing, the Services, the Materials, and any products made
available via the Services are provided to you “AS IS” and “AS AVAILABLE” without
warranty of any kind, either express or implied, including but not limited to any
warranties of merchantability, fitness for a particular purpose, title, or non-
infringement and any warranties arising out of course of dealing or usage of
trade. Should applicable law not permit the foregoing exclusion of express or implied
warranties, then Ponce Aurora hereby grants the minimum express or implied
warranty required by such applicable law. No advice or information, whether oral or
written, obtained by you from Ponce Aurora, its employees, agents, suppliers or any
other persons shall create any warranty, representation or guarantee not expressly
stated in this section. Additionally, Ponce Aurora does not make any warranties that
the Services or any products will be available on an uninterrupted, secure or error-
free basis; that the Services or any products made available via the Services will
meet your requirements or expectations; or that the Services, Materials, or any
portion thereof, is correct, accurate, or reliable. Ponce Aurora reserves the right to
change any part of the Services at any time without notice. - Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Ponce Aurora, ITS AFFILIATES, OR ITS
CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS OR ANY OTHER ENTITY
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR
PRODUCTS, OR ANY OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, BE LIABLE
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE,
SPECIAL, EXEMPLARY, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT
NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR
DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND
CLAIMS OF THIRD-PARTIES) ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS, THE SERVICES, ANY PRODUCTS MADE AVAILABLE VIA THE
SERVICES, OR ANY OTHER CAUSE BEYOND THE CONTROL OF Ponce Aurora,
WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER
OR NOT Ponce Aurora OR ANY OTHER PARTY HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
WITHOUT LIMITING THE FOREGOING, Ponce Aurora EXPRESSLY DISCLAIMS
ALL LIABILITY FOR ANY DAMAGES ARISING OUT OF PRODUCT MISUSE,
ABUSE, IMPROPER PRODUCT SELECTION OR NON-COMPLIANCE WITH ANY
PRINTED DIRECTIONS. FURTHER, IN NO EVENT SHALL Ponce Aurora, ITS
AFFILIATES, OR ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS OR
ANY OTHER SIMILAR ENTITY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SERVICES OR PRODUCTS, OR ANY OFFICERS,
DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE
FOREGOING, BE LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY,
WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF
(OR INABILITY TO USE), OR RELIANCE ON, THE SERVICES, THE MATERIALS,
OR ANY OTHER INFORMATION AND CONTENT ACCESSIBLE ON OR THROUGH
THE SITES OR MATERIALS; OR (B) THE USE, COPYING, OR DISPLAY OF THE
SITE OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR
FROM THE SERVICES OVER THE INTERNET.
IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF Ponce Aurora, ITS
AFFILIATES, OR ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS OR
ANY OTHER ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THE SERVICES OR PRODUCTS, OR ANY OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING,
SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST
EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING,
IF Ponce Aurora, ITS AFFILIATES, OR ITS CONTRACTORS, SUPPLIERS,
CONTENT PROVIDERS OR ANY OTHER ENTITY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SERVICES OR PRODUCTS, OR ANY
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF
ANY OF THE FOREGOING, IS FOUND LIABLE AS A RESULT OF ANY CLAIMS OR
OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS,
THE SERVICES OR MATERIALS, INCLUDING WITHOUT LIMITATION IN
CONNECTION WITH THE USE OF (OR INABILITY TO USE) THE SERVICES OR
MATERIALS OR THE USE OF ANY PRODUCT MADE AVAILABLE VIA THE
SERVICES, SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM
LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR
YEAR SHALL NOT EXCEED $100.
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE
BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE
SERVICES, MATERIALS, AND PRODUCTS WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS, AND YOU AGREE THAT THE LIMITATIONS AND
EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES
SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR
ESSENTIAL PURPOSE. - Indemnification
You agree to indemnify, defend and hold harmless Ponce Aurora, its affiliates, and its
and their respective officers, directors, employees and agents from and against all
claims, disputes, demands, suits or other proceedings, and all resulting loss,
damage, liability, cost and expense (including without limitation reasonable attorneys’
fees) arising out of or in connection with, (a) your access to or use of the Services
and other Materials available on or through the Services, (b), your violation of these
Terms, or (c) your violation of any rights of another. We reserve, and you grant to us,
the right to assume exclusive defence and control of, any matter subject to
indemnification by you. All rights and duties of indemnification that are set forth
herein shall survive termination of these Terms. - Updates to these Terms
The Terms are subject to change by Ponce Aurora in its sole discretion at any time.
When changes are made, Ponce Aurora will make a new copy of the Terms available
at the Sites. We will also update the “Last Updated” date at the top of the Terms.
Ponce Aurora may require you to provide consent to the updated Terms in a
specified manner before further use of the Services is permitted. If you do not agree
to any change(s) after receiving a notice of such change(s), you shall stop using the
Services. Otherwise, your continued use of the Services constitutes your acceptance
of such change(s). IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THE
SITES TO VIEW THE THEN-CURRENT TERMS. - Miscellaneous
These Terms and the Privacy Policy referenced herein (as each may be revised and
amended at any time and from time-to-time according to their respective terms), as
well as any additional terms that you expressly enter into with us (such as Referral
Program Terms), collectively constitute the entire agreement with respect to your
access to and use of the Services, the Materials, and any other information available
on or through the Services or Ponce Aurora. Our electronically or otherwise properly
stored copy of these Terms shall be deemed to be the true, complete, valid,
authentic and enforceable copy of these Terms, and you agree that you shall not
contest the admissibility or enforceability of Ponce Aurora’ copy of these Terms in
connection with any action or proceeding arising out of or relating to these Terms.
Except as expressly provided for herein, these Terms do not confer any rights,
remedies, or benefits upon any person other than you. Ponce Aurora may assign its
rights and duties under these Terms at any time to any third-party without notice. You
may not assign these Terms without our prior written consent. These Terms shall be
binding on and inure to the benefit of the parties hereto and their respective
successors and assigns.
Should any provision of these Terms be held to be void, invalid, unenforceable, or
illegal by a proper legal authority, such provision will be changed and interpreted so
as to best accomplish the objectives of such unenforceable or invalid provision within
the limits of the applicable rules, laws or court decisions. Any provision deemed
invalid, void, or unenforceable shall be deemed severable and shall not affect the
validity and enforceability of any remaining provision.
Any waiver by Ponce Aurora of a breach of any provision of these Terms shall not
operate as or be construed to be a waiver of any other breach of such provision or of
any breach of any other provision of these Terms. Any such waiver must be in
writing. Failure by Ponce Aurora to insist upon strict adherence to any term of these
Terms on one or more occasions shall not be considered a waiver or deprive Ponce
Aurora of the right to insist upon strict adherence to that term or any other term of
these Terms in the future.
You are responsible for complying with any and all laws of the jurisdiction from which
you are accessing the Services and any other jurisdiction whose laws apply to you or
your actions. You agree that you will not access or use the Services, the Materials, or
any other information or materials made available via the Services in violation of the
aforementioned laws or these Terms. - Questions, Complaints, Claims.
If you have any questions, complaints or claims with respect to the Services,
Materials, or any information available therein, please contact us
at: [email protected]. We will do our best to address your concerns. If you feel
that your concerns have been addressed incompletely, we invite you to let us know
for further investigation. - Products for Personal Use Only
The products made available via the Services, and any samples thereof we may
provide to you, are for personal use only. You may not sell or resell any of the
products or samples thereof that you purchase or otherwise receive from us. We
reserve the right, with or without notice, to cancel or reduce the quantity of any order
to be filled or products to be provided to you that we believe, in our sole discretion,
may result in the violation of these Terms. - Payment and Order Terms
The Services and the Materials may enable you to order products from Company.
The amounts due and payable by you for any product that you purchase (including
applicable taxes, shipping and handling) will be presented to you before you place
your order. If you place an order for any products, you agree (a) that Ponce Aurora
may charge your credit card for verification, pre-authorization and payment
purposes, and (b) that you are responsible for paying any additional charges that
your bank or other financial service provider may levy on you as well as any taxes or
fees that may apply to your order. Your order is not binding on Ponce Aurora until
accepted and confirmed by Ponce Aurora. We reserve the right, without prior notice,
to limit the order quantity on any product or service and/or to refuse service to any
customer. We also may require verification of information prior to the acceptance
and/or shipment of any order.
When you provide bank card information, account numbers or other information
necessary to facilitate payment to us, you represent to us that you are the authorized
user of the bank card that is used to pay for the relevant products. - Risk of Loss, Return Policies, and FAQ
Title to products passes from Ponce Aurora to you upon shipment from an Ponce
Aurora facility. For information on order processing and shipping, please see our
Shipping FAQ. Please be aware that our shipping times are only estimates and are
subject to change.
Returns will only be accepted for a product that was damaged or defective at the
time you received it. If you desire to return any product or service that you ordered,
you must do so at your own expense. Refunds will only be issued for eligible returns
received by Ponce Aurora within 30 days of the applicable order date. No refunds will
be issued for a partially used product or a product that appears to be handled or
tampered with.
If the product appears damaged or defective, do not use it. Please take a photo of
the product and send it to: [email protected] along with your order information. - Calling, Texting, and Electronic Communications
You agree that Ponce Aurora may communicate with you electronically. Ponce
Aurora will communicate with you by e-mail, by posting notices via the Site, or as
otherwise agreed to by you. You agree that all agreements, notices, disclosures, and
other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. You may have the right to
withdraw consent to receive certain communications electronically. Ponce Aurora will
provide you with paper copies of any notices upon request where required by law. To
exercise the rights you may have, please contact Ponce Aurora at
[email protected]. To receive, access, and retain notices, you must have
Internet access and a computer or device with a compatible browser; software
capable of viewing PDF files; and the ability to print or download and store PDF files.
You confirm that you are able to receive, access, and retain information on the Site
and that you can access, print, download, and store PDF files that Ponce Aurora
may send to you via email. To withdraw consent or update contact information
contact Ponce Aurora at [email protected]
You also consent to receive calls and text messages from Ponce Aurora, including
but not limited to calls and text messages made using an automatic telephone dialing
system or that use a prerecorded or artificial voice, for any non-marketing purpose at
any telephone number that you provide to us or that we may obtain for you. You
agree to notify us if your telephone number changes.
15.1 Mobile Terms of Service
The Ponce Aurora Inc. Mobile message service (the “Service”) is operated by Ponce
Aurora. Your use of the Service constitutes your agreement to these terms and
conditions (“Mobile Terms”). We may modify or cancel the Service or any of its
features without notice. To the extent permitted by applicable law, we may also
modify these Mobile Terms at any time and your continued use of the Service
following the effective date of any such changes shall constitute your acceptance of
such changes.
By consenting to Ponce Aurora Inc.’s SMS/text messaging service, you agree to
receive recurring SMS/text messages from and on behalf of Ponce Aurora. Through
your wireless provider to the mobile number you provided, even if your mobile
number is registered on any state or federal Do Not Call list. Text messages may be
sent using an automatic telephone dialing system or other technology. Service-
related messages may include updates, alerts, and information (e.g., order updates,
account alerts, etc.). Promotional messages may include promotions, specials, and
other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any
purchases, and your consent is not a condition of any purchase with Ponce Aurora.
Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees
associated with text messaging imposed by your wireless provider. Message
frequency varies. Message and data rates may apply. Check your mobile plan and
contact your wireless provider for details. You are solely responsible for all charges
related to SMS/text messages, including charges from your wireless provider.
We may change any short code or telephone number we use to operate the Service
at any time and will notify you of these changes. You acknowledge that any
messages, including any STOP or HELP requests, you send to a short code or
telephone number we have changed may not be received and we will not be
responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or
undelivered messages. You agree to provide us with a valid mobile number. If you
get a new mobile number, you will need to sign up for the program with your new
number.
To the extent permitted by applicable law, you agree that we will not be liable for
failed, delayed, or misdirected delivery of any information sent through the Service,
any errors in such information, and/or any action you may or may not take in reliance
on the information or Service. - Applicable Law and Dispute Resolution
You agree that the laws of State of California, United States of America govern all
matters relating to the Services, and that such laws will apply without regard to
principles of conflict of laws.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND Ponce Aurora AGREE
TO SUBMIT EXCLUSIVELY ANY CLAIM, CONTROVERSY OR DISPUTE ARISING
OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR THE PRODUCTS
AVAILABLE VIA THE SERVICES, THIS AGREEMENT OR ANY OTHER POLICIES
OR OTHER TERMS INCORPORATED THEREIN (INCLUDING THE BREACH,
TERMINATION, ENFORCEMENT, INTERPRETATION, ENFORCEABILITY,
VALIDITY, OR RIGHTS UNDER ANY OF ANY OF THE FOREGOING) (EACH, A
“DISPUTE”) FOR RESOLUTION BY CONFIDENTIAL, INDIVIDUAL, BINDING
ARBITRATION, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS
COURT IF YOUR CLAIMS QUALIFY.
THE PARTIES AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL,
STATE, PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE
AUTHORITY TO RESOLVE ANY DISPUTES RELATING TO THE
INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS
AGREEMENT TO ARBITRATE, INCLUDING ANY CLAIM THAT ALL OR ANY PART
OF THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE. THE
ARBITRATOR SHALL ALSO BE RESPONSIBLE FOR DETERMINING ALL
THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATING TO
WHETHER THE TERMS ARE UNCONSCIONABLE OR ILLUSORY AND ANY
DEFENSE TO ARBITRATION, INCLUDING WAIVER, DELAY, LACHES OR
ESTOPPEL.
TO THE FULLEST EXTENT PERMITTED BY LAW: (I) YOU EXPRESSLY WAIVE
ANY RIGHT YOU MAY HAVE TO ARBITRATE A DISPUTE AS A CLASS ACTION;
AND (II) YOU ALSO EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.
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
(INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY
DAMAGES), AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A
COURT WOULD.
THE ARBITRATION WILL BE HELD IN THE STATE OF CALIFORNIA. IF YOU
INFORM Ponce Aurora THAT THIS LOCATION IS NOT CONVENIENT FOR YOU,
Ponce Aurora WILL WORK WITH YOU TO DETERMINE A MUTUALLY
CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE FORUM
FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.
DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A
CLASS ACTION. IN THE EVENT THAT ARBITRATION IS NOT PERMITTED BY
APPLICABLE LAW: (I) THE PARTIES EXPRESSLY AGREE THAT ANY DISPUTE
WILL BE BROUGHT AND HEARD SOLELY AND EXCLUSIVELY IN THE FEDERAL
OR STATE COURTS OF COMPETENT JURISDICTION LOCATED IN THE STATE
OF CALIFORNIA. THE PARTIES WAIVE ANY PLEA OR DEFENSE THAT SUCH
COURTS ARE NOT THE APPROPRIATE VENUE OR THAT THEY ARE NOT
SUBJECT TO PERSONAL JURISDICTION OF SUCH COURTS.
THE ARBITRATION WILL BE ADMINISTERED BY JAMS. YOU MAY OBTAIN A
COPY OF THE RULES OF JAMS. EACH PARTY SHALL AGREE ON ONE
ARBITRATOR TO CONDUCT THE ARBITRATION. IN THE EVENT THE PARTIES
CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR WILL BE SELECTED
IN ACCORDANCE WITH THE JAMS RULES.
IF YOU INITIATE ARBITRATION, YOUR ARBITRATION FEES WILL BE LIMITED
TO THE FILING FEE SET FORTH BY JAMS. REGARDLESS OF WHO INITIATES
ARBITRATION, Ponce Aurora WILL PAY YOUR SHARE OF ARBITRATION FEES
(NOT INCLUDING ATTORNEYS’ FEES) UP TO A MAXIMUM OF $2,500. IF THE
ARBITRATOR RULES AGAINST Ponce Aurora, IN ADDITION TO ACCEPTING
WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, Ponce
Aurora WILL REIMBURSE YOUR REASONABLE ATTORNEYS’ FEES AND COSTS
UP TO A MAXIMUM OF $5,000, REGARDLESS OF WHO INITIATED THE
ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR
CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH. IN
ADDITION, IF THE ARBITRATOR RULES IN Ponce Aurora’S FAVOR, IT WILL NOT
SEEK REIMBURSEMENT OF ATTORNEYS’ FEES AND COSTS, REGARDLESS
OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS
SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN
BROUGHT IN BAD FAITH.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, TO THE
EXTENT EITHER PARTY IN ANY MANNER HAS VIOLATED OR THREATENED TO
VIOLATE THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, THE NON-
BREACHING PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF
IN ANY STATE, PROVINCIAL OR FEDERAL COURT OF COMPETENT
JURISDICTION.
EXCEPT AS OTHERWISE PROHIBITED BY LAW, ANY DISPUTE MUST BE
BROUGHT WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION
ARISES.
IN THE EVENT THAT ANY PROVISION OF THE AGREEMENT TO ARBITRATE IS
HELD INVALID OR UNENFORCEABLE, ALL OTHER TERMS WITHIN THE
AGREEMENT TO ARBITRATE SHALL REMAIN IN FULL FORCE AND EFFECT.
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