TERMS & CONDITIONS
EFFECTIVE DATE: SEPTEMBER 10, 2022
CONDITIONS OF USE
YOUR USE OF AND ACCESS TO THIS WEBSITE (“SITE”) CONSTITUTES ACCEPTANCE OF THESE CONDITIONS OF USE, ALL APPLICABLE LAWS AND REGULATIONS, AND OUR PRIVACY POLICY, AVAILABLE ON THIS SITE (COLLECTIVELY, “CONDITIONS OF USE”). WE RESERVE THE RIGHT TO AMEND THESE CONDITIONS OF USE FROM TIME TO TIME WITHOUT NOTICE AND AT OUR DISCRETION.
ADDITIONALLY, WE RESERVE THE RIGHT TO CHANGE, MODIFY, SUSPEND, OR DISCONTINUE ANY PORTION, FEATURES, OR CONTENT OF THE SITE AT ANY TIME. WE ALSO MAY IMPOSE LIMITS ON CERTAIN FEATURES OR RESTRICT YOUR ACCESS TO PARTS OF OR THE ENTIRE SITE WITHOUT NOTICE OR LIABILITY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING OR ACCESSING THIS SITE. THE MATERIALS CONTAINED ON THIS SITE ARE PROTECTED BY APPLICABLE COPYRIGHT AND TRADEMARK LAW.
THESE TERMS OF USE (“TERMS”) GOVERN YOUR ACCESS TO AND USE OF OUR WEBSITES WHERE THEY ARE REFERENCED, INCLUDING WWW.NIGHTBLOOMVODKA.COM AND RELATED SERVICES (COLLECTIVELY, OUR “SITE”). IN THESE TERMS, WHEN WE REFER TO “NIGHTBLOOM,” “OUR,” “US,” “WE” OR “COMPANY,” WE MEAN NIGHT BLOOM SPIRITS LLC, 200 S BARRINGTON AVE #1412. LOS ANGELES, CA 90049, AND ITS AFFILIATES AND ITS DIRECTLY AND INDIRECTLY HELD SUBSIDIARIES. “YOU” AND “YOUR” MEAN YOU, THE USER OF THE SITE.
REVIEW THESE TERMS CAREFULLY: THIS IS A CONTRACT AND AFFECTS YOUR LEGAL RIGHTS. BY USING THE SITE, YOU AGREE TO AND ACCEPT THESE TERMS. IF AT ANY TIME YOU DO NOT ACCEPT THESE TERMS, STOP USING THE SITE.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER. THIS REQUIRES YOU TO USE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS, INCLUDING THE MANDATORY INDIVIDUAL ARBITRATION PROVISION AND THE CLASS ACTION/JURY TRIAL WAIVER PROVISION. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY
PERMITTED USERS OF THIS SITE
THIS SITE IS INTENDED TO BE USED AND ACCESSED BY PEOPLE WHO ARE OF LEGAL AGE TO PURCHASE AND CONSUME ALCOHOL. IF YOU ARE NOT, PLEASE EXIT THIS SITE IMMEDIATELY.
RIGHTS
THE COPYRIGHTS TO ALL MATERIAL, CONTENT AND LAYOUT OF THIS SITE (INCLUDING, BUT NOT LIMITED TO, TEXT, USER AND VISUAL INTERFACES, IMAGES, VIDEOS, LOOK AND FEEL, DESIGN, SOUND AND ANY UNDERLYING SOFTWARE AND COMPUTER CODES) ARE OWNED OR LICENSED BY US. YOU AGREE THAT YOU ARE PERMITTED TO USE THIS MATERIAL AND/OR CONTENT ONLY AS SET FORTH IN AND TO THE EXTENT PERMITTED BY THESE CONDITIONS OF USE.
INTELLECTUAL PROPERTY
UNLESS OTHERWISE INDICATED, WE ARE THE OWNER AND/OR AUTHORIZED USER OF ALL TRADEMARKS, SERVICE MARKS, DESIGN MARKS, TRADE DRESS, PATENTS, COPYRIGHTS, DATABASE RIGHTS AND OTHER INTELLECTUAL PROPERTY (COLLECTIVELY, THE “INTELLECTUAL PROPERTY”) APPEARING ON OR CONTAINED WITHIN THE SITE. EXCEPT AS PROVIDED IN THESE CONDITIONS OF USE, YOUR USE OF THE SITE DOES NOT GRANT YOU ANY RIGHT, TITLE, INTEREST, OR LICENSE TO ANY SUCH INTELLECTUAL PROPERTY THAT YOU MAY ACCESS ON THE SITE. EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS OF USE, YOU MAY NOT USE OR REPRODUCE THE INTELLECTUAL PROPERTY.
CONDITIONS OF USE AND ACCEPTABLE USAGE POLICY RELATING TO PUBLIC FORUMS
THE SITE MAY CONTAIN INTERACTIVE SERVICES, INCLUDING BUT NOT LIMITED TO DISCUSSION GROUPS, NEWS GROUPS, BULLETIN BOARDS, CHAT ROOMS, BLOGS AND OTHER SOCIAL NETWORKING FEATURES, SUCH AS THE DISPLAY OF CONTENT FROM LINKED SITES (AS DESCRIBED BELOW) (COLLECTIVELY, “PUBLIC FORUMS”), WHICH MAY ALLOW YOU TO POST, TRANSMIT OR SUBMIT INFORMATION, INCLUDING BUT NOT LIMITED TO WRITINGS, IMAGES, ILLUSTRATIONS, AUDIO RECORDINGS, AND VIDEO RECORDINGS (“POSTINGS”). WE MAY OR MAY NOT ACTIVELY MONITOR POSTINGS ON PUBLIC FORUMS. SIMILARLY, WE MAY OR MAY NOT EXERCISE EDITORIAL CONTROL OVER POSTINGS ON ANY PUBLIC FORUM. YOU MAY BE EXPOSED TO CONTENT ON PUBLIC FORUMS THAT IS INACCURATE, FRAUDULENT OR DECEPTIVE, OR THAT YOU FIND OFFENSIVE OR OBJECTIONABLE. YOUR USE OF PUBLIC FORUMS IS AT YOUR OWN RISK.
WE RESERVE THE RIGHT, BUT ARE NOT OBLIGED, TO MONITOR PUBLIC FORUMS AND TO REMOVE OR ALTER ANY POSTINGS THAT WE CONSIDER, IN OUR SOLE DISCRETION, TO CONSTITUTE MISUSE OF THESE RULES. WE MAY RESTRICT, SUSPEND OR TERMINATE YOUR USE OF THESE SERVICES OR THE SITE WHERE, IN OUR SOLE DISCRETION, WE BELIEVE THAT THERE MAY HAVE BEEN SUCH A MISUSE. PLEASE BE AWARE THAT ANY POSTINGS YOU MAKE WILL BE DEEMED NOT TO BE CONFIDENTIAL OR SECRET.
WE DO NOT ENDORSE ANY POSTINGS, WHETHER WE REMOVE THEM OR NOT. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS ON OR THROUGH PUBLIC FORUMS. THE OPINIONS EXPRESSED IN PUBLIC FORUMS ARE NOT NECESSARILY OURS. ANY STATEMENTS, ADVICE, AND OPINIONS MADE BY PARTICIPANTS ARE THOSE OF SUCH PARTICIPANTS ONLY. WE SHALL NOT BE HELD RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OPINIONS, OR OTHER CONTENT OR MATERIALS ON PUBLIC FORUMS. YOU RELEASE US FROM ALL CLAIMS AND DEMANDS OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, HOWSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH A DISPUTE WITH ANOTHER USER OF THE SITE.
LINKED SITES
WE DO NOT REVIEW ALL THE SITES LINKED TO OUR SITE AND ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH LINKED SITE. THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY US OF THE LINKED SITE. THE USE OF ANY SUCH LINKED WEB SITE IS AT YOUR OWN RISK.
MATERIALS SUBMITTED BY YOU
UNLESS SPECIFICALLY REQUESTED, WE DO NOT SOLICIT NOR DO WE WISH TO RECEIVE ANY CONFIDENTIAL, SECRET, OR PROPRIETARY INFORMATION OR OTHER MATERIAL FROM YOU THROUGH THE SITE OR ANY OF ITS SERVICES, BY EMAIL OR IN ANY OTHER WAY. YOU AGREE THAT ANY INFORMATION OR MATERIALS YOU SUBMIT TO THE SITE, WHETHER IDEAS, CREATIVE CONCEPTS OR OTHER MATERIALS, IN ANY FORMAT (INCLUDING, BUT NOT LIMITED TO, WRITINGS, IMAGES, ILLUSTRATIONS, AUDIO RECORDINGS, AND VIDEO RECORDINGS), MAY BE USED, REPRODUCED AND DISCLOSED BY US WITHOUT RESTRICTION FOR WHATEVER PURPOSE WE DEEM FIT AND WITHOUT PAYMENT OF ANY SUM OR ACKNOWLEDGEMENT OF YOU AS THEIR SOURCE. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. THIS PARAGRAPH DOES NOT AFFECT ANY RIGHTS YOU MAY HAVE UNDER DATA PRIVACY LAWS THAT PROTECT YOUR PERSONAL INFORMATION OR SIMILAR PRIVACY LAWS, TO THE EXTENT THAT SUCH RIGHTS CANNOT BE WAIVED OR EXCLUDED.
NO WARRANTIES
THE SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE, AND NON-INFRINGEMENT. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS AND SHALL BE TO DISCONTINUE USING THE SITE.
OUR LIABILITY
THE SITE AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE SITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. NIGHTBLOOM AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE FOREGOING, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NIGHTBLOOM AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (E) ANY ERRORS IN THE SITE WILL BE CORRECTED.
TO THE GREATEST EXTENT ALLOWED BY LAW, YOU EXPRESSLY AGREE AND HEREBY RELEASE NIGHTBLOOM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR USE OF THE SITE, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED THEREWITH. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR MISUSE OF THE SITE OR ANY PROGRAMS, PRODUCTS, OR SERVICES OFFERED, CREATED OR LICENSED BY NIGHTBLOOM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NIGHTBLOOM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST NIGHTBLOOM FOR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF NIGHTBLOOM IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT, NIGHTBLOOM LIABILITY SHALL NOT EXCEED U.S. $100.00.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, LIABILITY, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
USER INFORMATION
IN THE COURSE OF YOUR USE OF THE SITE, YOU MAY BE ASKED TO PROVIDE PERSONALLY IDENTIFIABLE INFORMATION TO US (SUCH INFORMATION REFERRED TO HEREINAFTER AS “USER INFORMATION”). OUR INFORMATION COLLECTION AND USE POLICIES WITH RESPECT TO SUCH USER INFORMATION ARE SET FORTH IN THE PRIVACY POLICY, INCLUDING THE USE OF “COOKIES.” YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND CONTENT OF THE USER INFORMATION.
INDEMNITY
YOU HEREBY INDEMNIFY US AND OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND REPRESENTATIVES AGAINST ANY LOSS, DAMAGE, OR COST ARISING OUT OF YOUR USE OF THE SITE, ANY OF ITS SERVICES, OR ANY INFORMATION ACCESSIBLE OVER OR THROUGH THE SITE, INCLUDING INFORMATION OBTAINED FROM INTERFACING SITES, YOUR SUBMISSION OR TRANSMISSION OF INFORMATION OR MATERIAL ON OR THROUGH THE SITE OR INTERFACING SITES, OR YOUR VIOLATION OF THESE CONDITIONS OF USE, THE TERMS OF USE OF INTERFACING SITES, OR ANY OTHER LAWS, REGULATIONS, AND RULES. YOU ALSO HEREBY INDEMNIFY US AND OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND REPRESENTATIVES AGAINST ANY CLAIMS THAT ANY INFORMATION OR MATERIAL YOU HAVE SUBMITTED OR WILL SUBMIT TO US IS IN VIOLATION OF ANY LAW OR IN BREACH OF ANY THIRD PARTY RIGHTS (INCLUDING, BUT NOT LIMITED TO, CLAIMS IN RESPECT OF DEFAMATION, INVASION OF PRIVACY, BREACH OF CONFIDENCE, INFRINGEMENT OF COPYRIGHT, OR INFRINGEMENT OR VIOLATION OF ANY OTHER INTELLECTUAL PROPERTY RIGHT). WE RESERVE THE RIGHT TO EXCLUSIVELY DEFEND AND CONTROL ANY CLAIMS ARISING FROM THE ABOVE AND ANY SUCH INDEMNIFICATION MATTERS, AND YOU HEREBY AGREE TO COOPERATE FULLY WITH US IN ANY SUCH DEFENSES.
ARBITRATION
READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION OR AS A MEMBER OF A CLASS.
AS USED IN THIS ARBITRATION PROVISION, “YOU” AND “YOUR” INCLUDES YOU, YOUR HEIRS, SURVIVORS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS IN INTERESTS, SUCCESSORS AND ASSIGNS.
THIS ARBITRATION PROVISION IS INTENDED TO BE BROADLY INTERPRETED. IT APPLIES TO ANY AND ALL CLAIMS, DISPUTES, OR CONTROVERSIES OF ANY NATURE WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, STATUTORY, COMMON LAW, FRAUD (WHETHER BY MISREPRESENTATION OR BY OMISSION) OR OTHER INTENTIONAL TORT, PROPERTY, OR EQUITABLE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE SITE, ALL CONTENT ON THE SITE, PRODUCTS SOLD OR ADVERTISED ON THE SITE (INCLUDING, BUT NOT LIMITED TO, THE USE, DESIGN, TESTING, MANUFACTURE, PERFORMANCE, MARKETING, ADVERTISING, OR LABELING OF ANY PRODUCT ADVERTISED OR PURCHASED ON THE SITE), AND THESE TERMS (INCLUDING ANY CLAIMS RELATING TO THE VALIDITY, SCOPE, INTERPRETATION, BREACH OR ENFORCEABILITY OF THESE TERMS) (ALL OF WHICH ARE COLLECTIVELY REFERRED TO HEREIN AS “CLAIMS”).
ARBITRATION SHALL BE SUBJECT TO THE U.S. FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW, AND YOU AND WE AGREE TO ASSERT ANY CLAIM AGAINST THE OTHER PARTY EXCLUSIVELY BY ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION MEDIATION SERVICES, INC. (“JAMS”) PURSUANT TO THE JAMS STREAMLINED ARBITRATION RULES & PROCEDURES, EFFECTIVE JULY 1, 2014 (THE “JAMS RULES”) AND AS MODIFIED BY THIS AGREEMENT TO ARBITRATE. THE JAMS RULES, INCLUDING INSTRUCTIONS FOR BRINGING ARBITRATION, ARE AVAILABLE ON JAMS’ WEBSITE AT HTTP://WWW.JAMSADR.COM/RULES-STREAMLINED-ARBITRATION.
UNLESS THE JAMS RULES REQUIRE OR NIGHTBLOOM AND YOU AGREE OTHERWISE, ANY ARBITRATION HEARING(S) WILL TAKE PLACE IN THE STATE OF CALIFORNIA.YOU AND WE MUST ABIDE BY THESE RULES: (A) THE ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION AND THE ARBITRATOR SHALL NOT AWARD CLASS-WIDE RELIEF; (B) NIGHTBLOOM WILL PAY ITS ARBITRATION COSTS AS REQUIRED BY JAMS RULES, AND IN THE EVENT THAT YOU ARE ABLE TO DEMONSTRATE THAT THE COSTS OF ARBITRATION WILL BE PROHIBITIVE AS COMPARED TO COSTS OF LITIGATION, NIGHTBLOOM WILL PAY AS MUCH OF YOUR ARBITRATION FILING AND HEARING FEES AS THE ARBITRATOR DEEMS IS NECESSARY TO PREVENT THE ARBITRATION FROM BEING COST-PROHIBITIVE AS COMPARED TO THE COST OF LITIGATION; (C) THE ARBITRATOR MAY AWARD ANY INDIVIDUAL RELIEF OR INDIVIDUAL REMEDIES THAT ARE PERMITTED BY APPLICABLE LAW; AND (D) EACH SIDE PAYS ITS OWN ATTORNEYS' FEES AND COSTS UNLESS THE CLAIM(S) AT ISSUE PERMIT THE PREVAILING PARTY TO BE PAID ITS FEES AND LITIGATION COSTS, AND IN SUCH INSTANCE, THE FEES AND COSTS AWARDED SHALL BE DETERMINED BY THE APPLICABLE LAW.WITH THE EXCEPTION OF SUBPART (A) IN THE PARAGRAPH ABOVE, IN THE EVENT THAT ANY PROVISION OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE IN A PARTICULAR CASE OR JURISDICTION, THAT PROVISION WILL BE SEVERABLE IN THAT CASE OR JURISDICTION, AS THE CASE MAY BE, WITHOUT AFFECTING THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THESE TERMS, AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THESE TERMS IN OTHER CASES AND JURISDICTIONS. IF SUBPART (A) IN THE PARAGRAPH ABOVE IS FOUND INVALID, UNENFORCEABLE OR ILLEGAL, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE DISPUTE SHALL BE EXCLUSIVELY BROUGHT IN STATE OR U.S. FEDERAL COURT IN CALIFORNIA.IN THE EVENT THAT YOU INTEND TO COMMENCE AN ARBITRATION OR A COURT PROCEEDING, YOU MUST FIRST NOTIFY NIGHTBLOOM BY CONTACTING US AT CHEERS@NIGHTBLOOMSPIRITS.COM (“NOTICE”) AND ATTEMPT TO RESOLVE YOUR CLAIM. IF YOU AND NIGHTBLOOM DO NOT REACH AN AGREEMENT TO RESOLVE YOUR CLAIM WITHIN THIRTY (30) DAYS AFTER NOTICE HAS BEEN PROVIDED, EITHER PARTY MAY COMMENCE AN ARBITRATION PROCEEDING IN ACCORDANCE WITH THESE TERMS.EXCEPT WHERE PROHIBITED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, WHETHER BEFORE AN ARBITRATOR OR IN COURT, ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT OR CLASS ARBITRATION. YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLAIM AS A CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING IN COURT OR BEFORE AN ARBITRATOR IN CONNECTION WITH THESE TERMS. NOTWITHSTANDING ANYTHING HEREIN, EITHER PARTY MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT FOR DISPUTES WITHIN THAT COURT’S JURISDICTION.
JURISDICTION
THESE TERMS, THEIR SUBJECT MATTER, AND THE FORMATION OF THE CONTRACT BETWEEN YOU AND NIGHTBLOOM ARE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, EXCEPT AS TO MATTERS GOVERNED BY THE FEDERAL ARBITRATION ACT SUCH AS THE ARBITRATION PROVISION ABOVE. HOWEVER, IF YOU ARE A CONSUMER AND RESIDENT OF ANY COUNTRY YOU MAY BENEFIT FROM MANDATORY PROVISIONS OF, AND LEGAL RIGHTS AVAILABLE TO YOU UNDER, THE LAWS OF THAT COUNTRY. NOTHING IN THESE TERMS AFFECTS YOUR RIGHTS AS A CONSUMER TO RELY ON THESE LOCAL MANDATORY PROVISIONS AND LEGAL RIGHTS.
REVISIONS AND MISTAKES
THE MATERIALS APPEARING ON THE SITE COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. WE DO NOT WARRANT THAT ANY OF THE MATERIALS ON THIS SITE ARE ACCURATE, COMPLETE, OR CURRENT. WE MAY MAKE CHANGES TO THE MATERIALS CONTAINED ON THIS SITE AT ANY TIME WITHOUT NOTICE, PROVIDED THAT, WE DO NOT MAKE ANY COMMITMENT TO UPDATE THE MATERIALS AT ALL.
FROM TIME TO TIME, WE MAY CHANGE THESE TERMS. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS, AND YOUR CONTINUED USE OF THE SITE FOLLOWING ANY CHANGES INDICATES YOUR ACCEPTANCE OF THOSE CHANGES. IF YOU DO NOT AGREE TO THE REVISIONS, YOU MUST STOP USING THE SITE.
MISCELLANEOUS
IF ANY TERM, OR PART OF A TERM, OF THESE TERMS IS DISALLOWED OR FOUND TO BE UNENFORCEABLE BY ANY COURT OR REGULATOR, THE OTHER PROVISIONS SHALL CONTINUE TO APPLY. IF YOU OR WE BREACH THESE TERMS AND YOU OR WE TAKE NO ACTION AGAINST THE OTHER, YOU OR WE WILL STILL BE ENTITLED TO USE OUR RIGHTS AND REMEDIES IN ANY OTHER SITUATION WHERE YOU OR WE BREAK THESE TERMS.
CONTACT US
IF YOU HAVE ANY QUESTIONS, COMMENTS, CONCERNS, COMPLAINTS OR CLAIMS ABOUT THESE TERMS OF THE SITE OR PRIVACY POLICY, YOU CAN CONTACT US AT ANY TIME BY EMAIL AT CHEERS@NIGHTBLOOMSPIRITS.COM.
CALIFORNIA RESIDENTS MAY REACH THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SITE OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS BY MAIL AT 1625 NORTH MARKET BLVD., SACRAMENTO, CA 95834, OR BY TELEPHONE AT (916) 445-1254 OR (800) 952-5210.