TERMS OF SERVICE

Last Revised on January 25th, 2017


Please read these terms carefully before using this website. Your access and/or use of the website confirms your unconditional acceptance of the following terms of service. If you do not fully accept these terms of service, do not use or access the website.


I. INTRODUCTION

Welcome and thank you for visiting the www.terracea.com site (the "Site"), which is owned and operated by TERRACEA, LLC and/or its subsidiaries and affiliates (collectively "Terracea," "we," "our," or "us"). These Terms of Service (the "Terms") are provided by Terracea and are applicable to all of the content, goods and services offered on the Site, our mobile websites, social media channels, applications, and any retail stores or locations. The Site provides users with information, multimedia content, and retail goods and services for purchase (collectively the "Services"). By accessing and/or using any part of the Site, or the Services, whether through a computer, mobile device, or any other device, you are agreeing to be bound by these Terms. 

These Terms lay out the general terms and conditions of your use of the Site and the Services, including making purchases and interacting with us or third parties through the Site. These Terms are in addition to (not in lieu of) any additional specific terms and conditions that apply to Services or goods provided by Terracea to you. We may, in our sole discretion, modify these Terms with or without notice to you. The "Last Revised" date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Site after these Terms are modified, you agree to such modifications. Therefore, you should review these Terms periodically to ensure your continued acceptance of the specific obligations and conditions contained therein.

In addition, when using particular Services or features, such as making purchases on the Site, you will be subject to any specific guidelines or policies that may be posted in connection with the particular Services or features. All such guidelines or policies are hereby incorporated by reference into these Terms.

We are always ready to address your questions and concerns regarding these Terms and our privacy practices. Should you have any questions regarding these Terms or our Privacy Policy, please contact us through one of the following methods:

By Mail:
Terracea, LLC
47 High Street #408
Medford, MA 02155

By Email:
info@terracea.com

By Phone:
1-617-431-8372

Please Note: These terms contain a dispute resolution provision whereby you agree that disputes between you and Terracea will be resolved by mandatory bdinging arbitration, expect for certain types of disputes more fully described below, and you waive any right to participate in a class action lawsuit or class-wide arbitration.


II. ELIGIBILITY AND AUTHORITY

This Site is available only to Users who are able to form legally binding contracts under applicable law. By using the Site or the Services, you represent and warrant that you are:
(i) At least eighteen (18) years of age, or otherwise recognized as being able to form legally binding contracts under applicable law; and
(ii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.


III. RESTRICTIONS ON USE

Terracea grants you permission to use the Site subject to the restrictions in these Terms. Your use of the Site and any features contained therein is at your own risk. The Site may not be available in all geographic locations and/or at all times. Additionally, you may not:

(i) collect or attempt to collect personally identifiable information of other users by electronic or other means for the purpose of sending unsolicited emails and/or unauthorized framing of or links to the Site;
(ii) make any false or fraudulent representations to us or materially false or fraudulent representations to other users in any communication or disclosure of information, whether private or otherwise, in any manner;
(iii) access, copy, or monitor any content or information on the Site using any spider, robot or other automated means or any manual process for any purpose without our express written permission;
(iv) 
“co-brand”, “frame”, “hyperlink” or otherwise incorporate any part of the Site into any other website without our prior express written authorization;
(v) 
use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
(vi) obtain or attempt to obtain any content, information, or materials through any means not intentionally made available or provided for through the Site;
(vii) 
modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from or connected to Terracea which has not been specifically provided by Terracea;
(viii) 
modify, disassemble, decompile, reverse-engineer or make copies or reproductions of the Site, except to the extent allowed by law;
(ix) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, the features preventing or restricting use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site; or
(x) 
delete the copyright, trademark, or other proprietary rights notices on or within the Site.


IV. ACCOUNTS, SECURITY AND USAGE

You may be required to create an account to access or use certain features of the Site or Services. If you choose to create an account, you are entirely responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify us immediately of any unauthorized access or use of your account or password, or any other breach of security. Should you fail to notify us of known unauthorized access or use of your account, you may be liable for orders and account activity.

By providing Contact Information to Terracea (including, but not limited to name, address, phone number, or email address), you agree to receive infrequent communications from Terracea. Such communications may include notices about applicable fees and charges, transactional information and other information concerning or related to purchased Services. Such communications are part of your relationship with Terracea. You hereby agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt-out of non-essential communications when this option is made available to you. You further understand that the foregoing license grant is not a sale of the Site or any copy thereof, and Terracea retains all right, title, and interest in and to the Site and any copy thereof.


V. PRODUCTS, CONTENT AND SPECIFICATIONS

All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. All products and services provided for purchase on the Site are for individual purchase and may not be purchased for commercial resale.


VI. ACCURACY OF INFORMATION

We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. Except as prohibited by applicable law, we make no representation as to the completeness, accuracy or timeliness of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. 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.


VII. PAYMENTS

For all charges for any products and services sold on the Site, Terracea will bill your credit card or alternative payment method accepted by Terracea through Stripe. We generally do not charge your credit card until the order has been "fulfilled" and your order has entered the shipping process or, for digital products, until we make the digital product available to you. In the event legal action is necessary to collect on balances due, you agree to reimburse Terracea for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses and costs. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Site.


VIII. PRICE GUARANTEE

Items purchased at full retail price are eligible for price adjustments up to 10 days following the date of purchase. If you have purchased an item that you believe qualifies for a price adjustment, please visit the Contact Us page and complete the web form (select the My Order option, include your Order Number and provide all vital information in the Message section). Items that are purchased below retail price are not eligible for price adjustments.


IX. PRODUCT ORDERS

All orders placed through the Site platform are subject to Terracea's acceptance. This means that Terracea may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else.

Occasionally, orders or parts of an order can be automatically cancelled by our third-party payment processing provided. While this can be frustrating, order cancellations are intended as measures of protection. You will not be billed for any cancelled orders. Orders can be cancelled for various reasons, including but not limited to:

  • Item(s) no longer available;
  • Difficulty in processing your payment information;
  • Inability to ship to address provided; and/or
  • Duplicate order was placed.

If your order was cancelled, you will receive an email explaining the reason for the cancellation and we will work directly with you to resolve the issue. If your credit card has already been charged for an order that is later cancelled, Terracea will issue you a full refund within a reasonable amount of time.


X. EXCHANGES & REFUNDS

We pride ourselves on the quality of our products. Our goal is for you to be 100% satisfied with anything you order from us. If you are not completely satisfied with any purchase made on the Site, we will work with you to either replace your products or refund your money.

If you wish to exchange an item purchased on the Site for one of equal or lesser value, please return the item to us within 90 days of order delivery. You are permitted to request an exchange of an item of greater value, but will be required to pay the difference. If you prefer a return and refund of any purchase made on the Site, please return the item to us within 45 days of delivery date. All refunds will be made in the original form of payment. 

All products eligible for exchange or return and refund must be unwashed, unworn, with all tags attached and in their original packaging. The packing slip and order confirmation that accompanied your order should also be included with the product. Once we have received the item and determined it to be in its original condition, we will send you a confirmation of receipt and work directly with you to process your new exchange or refund.

You are responsible for the cost of shipping items back to us. However, we will cover the cost of shipping your new exchange order via USPS Priority Mail. We strongly recommend you insure any items you ship to us as we cannot assume responsibility for them until they reach us.

Please note that custom and personalized products are not refundable nor exchangeable, as they are products made just for you.

For more information about exchanges and refunds, including how to initiate a refund, please see our Exchanges and Returns policy.


XI. LIMITED WARRANTY

We design our products to be highly durable and to stand the test of time.  To that end, we offer a 180-day limited warranty that your purchase will be free from material and construction defects. Despite our commitment to quality materials, construction and manufacturing, we realize that defects do sometimes occur. If you would like to return an item due to materials, construction or manufacturing defects, we will do everything we can to repair or replace the item and ensure your full satisfaction. Please note that if you wish to exchange a defective item or make a return for a refund, and it is determined that the item is eligible for refund or exchange, you will not receive the defective item back.  We will evaluate any defective item returned to determine whether it is eligible for exchange or refund. 

If the item is determined to be defective and it was returned within 45 days of order delivery, we will offer an exchange of equal or lesser value or a full refund. If you opt for a refund, we will issue the full payment amount to the original form of payment. Refunds may take several days to process.

Items determined to be defective that are returned more than 45 days, but less than 180 days of order delivery are eligible for an exchange of the item for any item of equal or lesser value.  No items returned more than 45 days from the date of order delivery will be eligible for a refund of tendered payment. 

You will be responsible for the cost of shipping defective items back to us, however if you opt to exchange for another item then we will cover the cost of shipping your new order via USPS Priority Mail. We strongly recommend you insure any items you ship to us as we cannot assume responsibility for them until they reach us.

For more information about our Limited Warranty, please visit our Exchanges and Returns policy.


XII. SHIPPING LIMITATIONS

When an order is placed, it will be shipped to the address designated by the purchaser, as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. For more information about our shipping policies and procedures, please see our Shipping guidelines. 


XIII. INTELLECTUAL PROPERTY RIGHTS

All of the content featured or displayed on the Site, including without limitation text, names, graphics, photographs, images, moving images, sound, logos, illustrations, and videos (“Content”), is owned by Terracea, its licensors, vendors, agents and/or its Content providers. All elements of the Site, including without limitation the general design and Content, are protected by trade dress, copyright, trademark and other laws relating to intellectual property rights. The Services and the Site may only be used for the intended purposes for which the Site and Services are being made available. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on our Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, work or Content contained on the Site. Except as authorized under applicable copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. For purposes of these Terms, the use of any such materials or Content on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and Services. The Site, its Content, trademarks, service marks, logos, copyrighted works and all related rights appearing on the Site are the property of Terracea of the licensor of the content and shall remain the exclusive property of Terracea or its licensors unless otherwise expressly agreed. 

If you would like information about obtaining Terracea’s permission to use protected Content appearing on the Site for any purpose, please email info@terracea.com. Any violation of these Terms that is connected to any permission related to the Content automatically terminates your license to use the Content and you must immediately destroy any copies of the Content in your possession, in any format and/or method whatsoever. 


XIV. TRADEMARKS

All trademarks, service marks and trade names of Terracea used herein (including but not limited to: Terracea’s name, Terracea’s corporate logo, and Terracea’s Design (collectively “Protective Marks”) are trademarks or registered trademarks of Terracea, or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Terracea’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without Terracea’s prior written consent. The use of Terracea’s Protective Marks on any other website or network computer environment is not allowed. This protects you, too. When you see Terracea’s marks, you can be sure of our quality and performance. Terracea prohibits the use of Terracea’s trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.


XV. INFRINGEMENT NOTIFICATION

We respect the intellectual property rights of others and we ask our users to do the same. If you believe that materials posted on the Site violate your intellectual property rights, please contact us by mail or email at the addresses listed in Section I: Introduction. Please include: 

(i) an electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright or other proprietary interest;
(ii) a description of the alleged infringing work;
(iii) a description of where the work is located on the Site (including website URL and screenshot, if applicable);
(iv) your address, telephone number and email address;
(v) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and
(vi) your statement, made under penalty of perjury, that the information contained in your notice is accurate and that you are the owner of the subject material or are authorized to act on such person's behalf.

We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or material so that he or she can make a counter-notification.

We strongly encourage you to seek legal advice before filing a notice. Any misrepresentations in your notice regarding allegations that material or activity is infringing may expose you to liability for damages, including costs and attorneys’ fees.


XVI. THIRD PARTY LINKS AND WEBSITES

From time to time, this Site may contain links to websites that are not owned, operated or controlled by Terracea, its subsidiaries or affiliates. All such links are provided solely as a convenience to you. By using these links, you will be directed out of the Site and to an outside website. Neither we nor any of our respective subsidiaries or affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective subsidiaries or affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other website. If you decide to access any other website linked to or from this Site, you do so entirely at your own risk. You agree that Terracea will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You are advised that other websites on the Internet, including third party websites linked from this Site, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Terracea expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.


XVII. UNAUTHORIZED USE OF COMPUTER SYSTEMS

You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to us, or any user of the Site or through automated computer systems is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate termination of accounts, preventing access to the site, or removal of the related materials from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.


XVIII. USER GENERATED CONTENT - OPINIONS

All opinions, remarks, comments, reviews, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Site post to the Site or transmit using the Site (“User Generated Content”) do not represent the views of Terracea or any individual associated with Terracea. We do not control this User Generated Content. In no event shall you represent or suggest, directly or indirectly, that Terracea has endorsed any User Generated Content. Terracea does not vouch for the accuracy or credibility of any User Generated Content on our Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Generated Content on our Site. Through your use of the Site and Services, you may be exposed to User Generated Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Site, you assume all associated risks.


XIX. USER GENERATED CONTENT - LICENSE

User Generated Content remains the intellectual property of the individual user. By posting User Generated Content on our Site, you grant Terracea a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Generated Content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived.


XX. PRIVACY

Your use of our Site and Services is subject to our Privacy Policy. Please read our Privacy Policy, here.


XXI. CHARITABLE PLEDGE

We want Terracea to serve as a platform that enables and encourages people from all walks of life to love and appreciate the outdoors the same way we do. In connection with Our Promise, Terracea pledges to donate a portion of all proceeds to charitable organizations that mirror Terracea's commitment to improving access to the great outdoors. We firmly believe that it is our responsibility to give back to our planet in meaningful ways. Terracea reserves the right, in its sole and absolute discretion, to donate to a charity (or charities) of its own selection, and it is free, in its sole discretion, to change the organization or group to which it wishes to aid, without prior notice. Terracea shall have the right to change the recipient(s) of its charitable pledges without cost, penalty or liability, or prior notice.


XXII. DISCLAIMER

Except as prohibited by applicable law, the information, materials and Services provided on or through this Site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Terracea, nor any of its respective affiliates (i) warrants the accuracy or completeness of the information, materials or services provided on or through the Site or (ii) undertakes any obligations or assumes any duty to update such information, materials or services.

Neither Terracea, nor any of its respective affiliates, warrants that the functions contained within this Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.

Except as specifically provided herein, or prohibited by law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through the Site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation, except as prohibited by applicable law. 


XXIII. LIMITATION OF LIABILITY

Please read this section carefully, as it limits the  liability of Terracea and its related entities, including its parents, subsidiaries, affiliates, related companies, suppliers, licensors, vendors, and partners and the officers, directors, members, employees, agents, and representatives of each of them to you.

Each paragraph below applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any or your rights which may not be lawfully limited.

Under no circumstances shall Terracea, its parents, subsidiaries and/or its respective suppliers be liable for any direct, indirect, punitive, incidental, special, consequential, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, arising out of your or any other user’s conduct related to the use of the Site, even if Terracea has been advised of the possibility of such damages. In no event will the collective liability of Terracea, its parents, subsidiaries and/or its respective suppliers to any party, whether in contract, tort, or otherwise, exceed the greater of $500.00 or the amount you have paid to Terracea for the applicable products or services out of which liability arose. You agree that this limitation of liability represents a reasonable allocation of risk. This allocation of risk and the disclaimer of warranties herein are a fundamental element of these Terms.

The limitations of liability specified in this section shall survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Terracea, and/or its respective affiliates, partners, and suppliers.

Any content or material downloaded or otherwise obtained through the use of the Services are obtained at your own risk and discretion. You will be solely responsible for and hereby waive any and all claims and causes of action related to any damage or injury to your mobile device, computer, network, or other download or display device, or the loss or corruption of data resulting from the download of any such material. If you do not accept this limitation, you are not authorized to download, use, purchase or obtain material through the Site. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.


XXIV. RELEASE OF INDEMNITY

Furthermore, you agree to indemnify and hold Terracea and its officers, directors, agents, subsidiaries, joint ventures and employees (collectively the “Indemnified Parties”) harmless from any breach of these Terms by you, including any use of content other than as expressly authorized in these Terms. You agree that the Indemnified Parties shall bear no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any information accessed from the Site.


XXV. TERMINATION

We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Site in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.


XXVI. DISPUTE RESOLUTION

THESE TERMS AS WELL AS ANY CLAIM, CAUSE OF ACTION OR DISPUTE THAT MAY ARISE BETWEEN YOU AND TERRACEA, RELATING TO OR IN CONNECTION WITH THE SUBJECT MATTER HEREOF, WILL BE RESOLVED EXCLUSIVELY BY ARBITRATION. YOU HEREBY INDICATE YOUR ACCEPTANCE TO THESE TERMS AND CONDITIONS, INCLUDING YOUR AGREEMENT TO ARBITRATE, BY CONTINUING TO USE THE SITE AFTER HAVING THE OPPORTUNITY TO REVIEW THESE TERMS.

THE ARBITRATION, INCLUDING THE SELECTING OF THE ARBITRATOR WILL BE ADMINISTERED BY THE ALTERNATIVE DISPUTE RESOLUTION PROVIDER JAMS, UNDER ITS STREAMLINED ARBITRATION RULES, BY A SINGLE NEUTRAL ARBITRATOR AGREED TO BY THE PARTIES, WITHIN THIRTY (30) DAYS OF THE COMMENCEMENT OF THE ARBITRATION, TO BE HELD IN BOSTON, MASSACHUSETTS.

IN AGREEING TO ARBITRATE ANY AND ALL DISPUTES BETWEEN YOU AND TERRACEA, YOU EXPRESSLY REPRESENT THAT YOU KNOWINGLY FOREGO THE RIGHT TO LITIGATE OR HAVE A JURY TRIAL ON ANY DISPUTE RELATING TO THESE TERMS, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATOR. YOU FURTHER KNOWINGLY WAIVE ANY RIGHT TO JOIN IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION RESPECTIVE TO THESE TERMS AND CONDITIONS. THUS, YOU AGREE THAT YOU WILL NOT PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION AGAINST TERRACEA AND ITS AFFILIATED COMPANIES, IN ANY DISPUTE.


XXVII. CHOICE OF LAW AND VENUE

These Terms, as well as any claim, cause of action or dispute that might arise between you and Terracea, will be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions. In connection with any arbitration (or litigation) arising out of, related to or in connection with these Terms, you agree to submit to personal jurisdiction in the Courts of Suffolk County, Massachusetts.


XXVIII. SEVERABILITY AND HEADINGS

If any part of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions will remain enforceable, legal and valid. The headings of sections and subsections hereof are solely for convenience of reference and are not part of these Terms.


XXIX. MISCELLANEOUS

(i) These Terms constitutes the entire agreement between you and Terracea relating to the subject matter of the Terms and supersedes all prior or contemporaneous proposals and communications, whether oral, written or electronic, between you and Terracea, its representatives, agents, or assigns.

(ii) A printed version of these Terms and of any notice given in electronic form shall be admissible in a dispute resolution, judicial, or administrative proceeding based upon or relating to these Terms to the same extent and subject to the same conditions as any business record or document originally created and maintained in printed form.

(iii) We reserve the right to modify, update or discontinue the Site at our sole discretion, at any time, for any reason or no reason, and without notice or liability.

(iv) Except as otherwise stated, nothing herein is intended, nor will be deemed to confer rights or remedies upon any third party.

(v) Any failure on Terracea's part to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

(vi) The provisions of these Terms shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors, and assigns.


© 2017 TERRACEA, LLC