Kush Tourism LLC is only intended for those over the age of 21!
DISCLAIMER OF WARRANTIES
The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the specific state specializing in the specific matter that is in question. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. Kush Tourism LLC expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this website.
Any information sent to Kush Tourism LLC by Internet e-mail or through the website is not secure and is done so on a non-confidential basis. Transmission of information from this Website does not create an confidential relationship between you and Kush Tourism LLC, nor is it intended to do so. The transmission of the website, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create a confidential relationship between us and any recipients.
Some links within the website may lead to other websites, including those operated and maintained by third parties. Kush Tourism LLC includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.
This website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Reproduction, distribution, republication, and/or retransmission of text contained within the KushTourism.com Website is prohibited unless the prior written permission of Kush Tourism LLC has been obtained.
The information contained in the Kush Tourism LLC web pages could contain technical inaccuracies or typographical errors. Kush Tourism LLC reserves the right to make changes to any information contained within its web pages and to make improvements and or changes in the products, programs, and businesses described in its web pages at any time and without notice.
Furthermore, Kush Tourism LLC makes no representations or warranties that the operation of the website will be uninterrupted or error free; that defects or errors in the website will be corrected; that the website will be free from viruses or harmful components; and that communications to or from the website will be secure or not intercepted.
The content of the Kush Tourism web pages may be offensive or objectionable. Kush Tourism LLC does not advocate, condone or promote licit or illicit drug use. Kush Tourism LLC cannot be held responsible for material on its website pages, or pages to which we provide links, which promote, condone or advocate licit or illicit drug use or illegal activities.
Kush Tourism LLC is not certified as a Legal Counsel. Not all statements in the web pages and blogs of KushTourism.com are opinions endorsed by Kush Tourism LLC.
ADVERTISING AND LINKS
KUSH TOURISM LLC accepts advertising from listed companies, brokers and other organizations and receives a fee from their advertising on the KUSH TOURISM LLC website. No endorsement by KUSH TOURISM LLC is intended or implied by the presence of such advertising. As a convenience to our visitors, the KUSH TOURISM LLC website currently contains links to a number of third-party websites. The privacy policies and procedures described here do not apply to those websites. We suggest contacting these websites directly for information on their data collection and distribution policies. Your linking to such websites or pages is at your own risk. We are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. KUSH TOURISM LLC provides these links merely as a convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for the content or uses of such websites.
LIMITATION OF LIABILITY
Subject to applicable law, in no event shall KUSH TOURISM LLC, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any special, indirect, incidental or consequential damages of any kind, including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if KUSH TOURISM LLC knew of or ought to have known of the possibility of such damages.
KUSH TOURISM LLC expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of the website or any advertiser or sponsor of the website (collectively, third-party user). Under no circumstances shall KUSH TOURISM LLC and its officers, directors, employees, agents licensors, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party user; and (ii) any use or inability to use any materials, software, content, goods or services located at or made available at any website linked to or from the website.
If you decide to access or use any linked website or content, materials, software, goods or services from a website linked to the website, you do so entirely at your own risk.
You hereby release KUSH TOURISM LLC and its officers, directors, employees, agents and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through the website or by third parties through the website.
This website can be accessed from countries, states, and provinces around the world other than the USA and may contain references to KUSH TOURISM LLC products, services, and programs that have not been announced in your country. These references do not imply that any of us intend to announce such products, services or programs in your country. We make no representation that the content on this website is appropriate or available for use in other locations, and accessing this website from territories where its content is illegal is prohibited. Those who choose to access this website from other locations do so, on their own initiative and their own risk and are responsible for compliance with local laws.
Terms of Service
Guide Resources Services, Inc. Terms of Service
Last Updated: July 25, 2017
THESE TERMS OF SERVICE (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (THE “USER”) AND GUIDE RESOURCE SERVICES, INC. (“GRS”, “WE”, “OUR”, OR “US”) STATING THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE MOBILE OR WEB-BASED KUSH TOURISM, KUSH GUIDE, AND KUSH MARKETPLACE APPLICATIONS (THE “APPLICATIONS”). PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING AND/OR USING THE APPLICATIONS, YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL AND/OR USE THE APPLICATIONS.
2. ABOUT THE APPLICATIONS.
The GRS Applications provide web-based and mobile platforms that allows Users take cannabis tours, find recreational cannabis retail locations, and connect buyers and sellers of goods and services in the cannabis industry.
You need to be at least 21 years old and a resident of the United States to register for and use the Applications and to participate in the Kush Tours. You further represent and warrant that you have not previously been suspended or removed from using the Applications and that you may enter into this Agreement without violating any other agreement to which you are a party.
4. ACCOUNT REGISTRATION.
Each User may create a personalized account to access the Applications, exchange information with other Users, and to receive messages and notifications from GRS. User accounts include a unique username, your email address, you phone number, and a password. If you are a business, we may also need your business license number.
You agree to provide true, accurate, current and complete data for your accounts and to maintain and update account data to keep it true, accurate, current, and complete. You further agree to notify us immediately of any unauthorized use of your password and/or account. GRS will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or account.
5. PAYING MEMBERS.
a. Payment Method. If you have a paid membership to any of our Applications, our third party e-commerce solution, Chargify, will process your membership payment.
b. Taxes. It is your responsibility to determine what, if any, taxes apply to each transaction you complete via the Applications.
6. KUSH TOURS.
You may purchase tours through your use of the Applications. Once a tour has been purchased, there is a binding contract between you and GRS.
Refunds. Kush Tours may only be refunded for good cause, and in GRS’s sole discretion. “Good cause” may include conditions such as: your guide fails to provide the tour on the terms provided (e.g. does not show up), the quality of the tour is poor, or the guide behaves in an inappropriate manner. All requests for refunds must be submitted to firstname.lastname@example.org within thirty (30) days of the completion of the tour. GRS reserves the right to contact other tour participants and the guide in making its refund determination.
Cancellations. From time to time, we may need to cancel a tour. In the event of cancellation, you will be refunded the purchase price of your tour.
Expenses. GRS is not responsible for incidental expenses of any tour, including, without limitation, transportation expenses, health and medical expenses, personal travel document expenses, licenses and permit expenses, equipment expenses, and anything else not expressly included in a tour.
Travel Documents. You are reminded that it is your responsibility to obtain the necessary travel documents for participation in any tour, including (if applicable) a valid government issued photo identification. If you are unable to participate on a tour because your travel documents are invalid or unavailable, GRS reserves the right to retain the fees collected from you in connection with the tour.
Conduct on the Tour. It is your responsibility to familiarize yourself with the laws of the jurisdiction in which your tour takes place. If you disregard or are in violation of these laws, you will be removed from the tour and may be subject to prosecution by local or federal authorities. In such an event, you will be responsible for any and all costs incurred in connection with your unlawful activities. You will not be entitled to a refund of the tour. GRS reserves the right to recover from you any costs incurred as a result of your unlawful activities.
7. VERIFICATION OF USER IDENTITY.
Maintaining a safe and secure User community is very important to GRS. When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property.
NEITHER GRS NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE APPLICATIONS AND YOU HEREBY RELEASE GRS AND ITS AFFILIATES FROM ANY LIABILITY RELATED THERETO. GRS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE APPLICATIONS.
8. USE RESTRICTIONS.
Your permission to use the Applications is conditioned upon the following use and conduct restrictions.
You agree that you will not under any circumstances:
post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
use the Applications for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another User’s account without permission;
provide false or inaccurate information when registering an account;
interfere or attempt to interfere with the proper functioning of the Applications;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Applications or use any software, technology, or device to scrape, spider, or crawl the Applications or harvest or manipulate data; or
publish or link to malicious content intended to damage or disrupt another User’s browser or computer.
9. POSTING AND CONTENT RESTRICTIONS.
When you create your own personalized account, you may be able to provide content to the Applications, to communicate with other users, and provide information regarding a User’s goods and services (collectively, “User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Applications. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. GRS, however, reserves the right to remove any User Content from the Applications at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Applications, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not post information that is malicious, false or inaccurate;
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Applications is solely your responsibility. GRS is not responsible for any public display or misuse of your User Content. GRS does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Applications.
10. TERMINATION AND SUSPENSION.
GRS may terminate or suspend your right to use the Applications in the event that we believe that you have breached this Agreement (a “User Breach”) by providing you with email notice of such User Breach and such termination or suspension, and such termination or suspension will be effective immediately upon delivery of notice.
If GRS terminates or suspends your right to use the Applications for a User Breach, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, GRS reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Even after your right to use the Applications is terminated or suspended, this Agreement will remain enforceable against you.
GRS reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Applications at its sole discretion. GRS is not liable to you for any modification or discontinuance of all or any portion of the Applications. Notwithstanding anything to contrary in this Section 9, GRS has the right to restrict anyone from completing registration as a User if GRS believes such person may threaten the safety and integrity of the Applications, or if, in GRS’s discretion, such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Applications. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
11. ONLINE CONTENT DISCLAIMER.
Opinions, advice, statements, offers, or other information or content made available through the Applications, but not directly by GRS, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. GRS does not guarantee the accuracy, completeness, or usefulness of any information on the Applications and neither does GRS adopt nor endorse, nor is GRS responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than GRS. GRS takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Applications. Under no circumstances will GRS be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Applications, or transmitted to Users.
Though GRS strives to enforce these Terms of Service, you may be exposed to User Content that is inaccurate or objectionable. GRS reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Applications or to limit or deny a User’s access to the Applications or take other appropriate action if a User violates these Terms of Service or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. GRS shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of Users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Applications, please contact us email@example.com.
12. LINKS TO OTHER SITES AND/OR MATERIALS.
As part of the Applications, GRS may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Users. GRS has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or applications available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by GRS, and GRS is not responsible for any Third Party Sites accessed through the Applications or any Third Party Applications, Software or Content posted on, available through or installed from the Applications, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by GRS. If you decide to leave the Applications and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Applications or relating to any applications you use or install from the site.
13. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT.
a. Termination of Repeat Infringer Accounts. GRS respects the intellectual property rights of others and requests that the Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, GRS has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users of the Application who are repeat infringers. GRS may terminate access for participants or Users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
b. DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Applications infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to GRS’s designated copyright agent at 3708 Airport Way S, Seattle, WA 98134:
i. The date of your notification;
ii. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
iii. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iv. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
v. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;
vi. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vii. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
c. Counter-Notices. If you believe that your User Content that has been removed from the Applications is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
i. Your physical or electronic signature;
ii. A description of the content that has been removed and the location at which the content appeared before it was removed;
iii. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
iv. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Washington state and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by GRS copyright agent, GRS may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may (in GRS’s discretion) be reinstated on the Applications in 10 to 14 business days or more after receipt of the counter-notice.
14. LICENSE GRANT.
By posting any User Content via the Applications, you expressly grant, and you represent and warrant that you have a right to grant, to GRS a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Applications.
15. INTELLECTUAL PROPERTY.
You acknowledge and agree that we retain ownership of all intellectual property rights of any kind related to the Applications, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Applications may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
16. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM.
For contractual purposes, you (a) consent to receive communications from GRS in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that GRS provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information about GRS and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org or mail to the following postal address:
3708 Airport Way S
Seattle, WA 98134
Opting out may prevent you from receiving messages regarding GRS or special offers.
17. WARRANTY DISCLAIMER.
THE APPLICATIONS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, GRS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE APPLICATIONS INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE APPLICATIONS. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
NEITHER GRS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.
IN ADDITION, EACH USER IS RESPONSIBLE FOR THEIR SELECTION OF A GOOD OR SERVICE OFFERED BY ANOTHER USER ON THE APPLICATIONS, AND FOR SELECTING THEIR SELLER. GRS DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A USER AND DOES NOT RECOMMEND ANY PARTICULAR SELLER. GRS DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY SELLER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.
18. LIMITATION OF DAMAGES; RELEASE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRS, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE APPLICATIONS; (C) THE APPLICATIONS GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE APPLICATIONS AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE APPLICATIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to hold harmless, defend and indemnify GRS from all liabilities, losses, damages, deficiencies, claims, causes of action, demands and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of the Applications, including, without limitation, any actual or threatened suit, demand or claim made against GRS that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of this Agreement, including without limitation your breach of any of your representations and warranties; (iii) your use of any of the Applications; or (iv) any content that you store on or transmit through the Applications. GRS may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with GRS in such event.
20. DISPUTE RESOLUTION.
Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and GRS agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. You address is the email address submitted with the creation of a User account. GRS’s address for such notices is:
3708 Airport Way S
Seattle, WA 98134
Binding Arbitration. If you and GRS are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Applications will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and GRS may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding. You and GRS agree that any arbitration will be limited to the Dispute between GRS and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND GRS ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and GRS otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
Location of Arbitration. Arbitration will take place in Seattle, Washington. You and GRS agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Washington state and Federal courts located in King County have exclusive jurisdiction and you and GRS agree to submit to the personal jurisdiction of such courts.
Right to Opt Out of Arbitration and Class Action/Jury Trial Waiver. You may opt out of the foregoing arbitration and class action/jury trial waiver provision of this Agreement by notifying GRS in writing within 30 days of the date you first registered for the Applications or 30 days from the date this Agreement was last updated. To opt out, you must send a written notification to GRS at 3708 Airport Way S, Seattle, WA 98134, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.
Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the State of Washington, without regard to choice of law principles.
21. MODIFICATION OF TERMS OF SERVICE.
We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Applications from time to time to view any such changes in the Agreement. If you continue to use the Applications, you signify your agreement to our revisions to these Terms of Service. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms of Service (other than as set forth in this paragraph) or waiver of GRS’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of GRS. No purported waiver or modification of this Agreement by GRS via telephonic or email communications shall be valid.
22. GENERAL TERMS.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of GRS to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with GRS must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
These Terms of Service and your use of the Application are governed by the federal laws of the United States of America and the laws of the State of Washington, without regard to conflict of law provisions.
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