Terms and Conditions of Use and Sale
(Effective September 18, 2019; Last Modified September 18, 2019)
PLEASE READ THESE BINDING LEGAL TERMS CAREFULLY BEFORE USING THIS WEBSITE
These Terms and Conditions of Use and Sale (“TOC”) govern and apply in full force and effect to your use of the www.dolce-vita-staging.bv6bm9j6-liquidwebsites.com website, including all pages within this website (collectively referred to as “Site”) and by accessing, using, viewing, transmitting, caching or storing this Site or any of its services, functions, materials, or contents, or purchasing any products or services from Westart and its affiliates Bord de Mer and Dolc-e Vita (collectively referred to as “Westart”), you expressly agree to each and all terms, conditions, and notices on this Site without modification. This document is a legally binding contract between Westart and you, the Customer (as defined below), for the use of the applications, software, products and services provided and sold by Westart (collectively, the “Service”). Certain terms, including but not limited to the arbitration clause and class action waiver clause, may restrict your rights to bring a claim in a court of law.
Westart may make changes to these TOC at any time. Any changes Westart makes will be effective immediately when Westart posts a revised version of these TOC on the Site. The “Last Modified” date above will tell you when these TOC were last revised. By continuing to use this Site after that date, you agree to the changes. It is your responsibility to check this page periodically for changes in the TOC. Any new features or tools which are added to the Site shall also be subject to the then current TOC.
- “Content” refers to content featured or displayed through the Site, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Site or otherwise available through the Service.
- “Us” and “we” refers to Westart, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- “Customer,” “you,” “your” refers to the individual person, company, or organization that has visited or is using the Site or Service, purchases products and/or places an order through the Site; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
2. Binding Agreement
You warrant that you possess the legal authority to enter into this Agreement and to use this Site in accordance with all TOC herein. You must be at least 18 years or older. You agree to be financially responsible for all of your use of this Site. You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate. You agree that the products and services offered by Westart through the Site shall be used only to make legitimate purchases for you or for another person or entity for whom you are legally authorized to act.
For any purchases or other services for which costs may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.
3. Wireless Use
Functionality is not guaranteed with all types of mobile devices in using this Site. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider.
4. Product and Service Purchases
- Scope of Westart’s Services. Westart offers the sale of electric Dolc-e-Vita mopeds through the Site.
- Acceptance of Orders. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Verification of information may be required prior to acceptance of any order. By placing a credit card order, the Customer grants Westart permission to contact their bank to verify name and address. Orders are not binding upon Westart until accepted by Westart. Westart reserves the right to refuse service to anyone.
- Limitations and Restrictions of Service. Westart reserves the right to refuse service to anyone for any reason at any time. Westart reserves the right to refuse any order you place with Westart through this Site. Westart may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Westart reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. Westart may exercise this right on a case-by-case basis. Westart reserves the right to limit the quantities of any products or services it offers. In the event that Westart makes a change to or cancels an order, Westart may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You are solely responsible for any and all activities performed through your Westart account.
- Prices and Product Availability. All descriptions of products or product and service pricing are subject to change at any time without notice, at the sole discretion of Westart. Westart reserves the right to modify or discontinue any product or service at any time without notice. Westart shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of services or products. All products and services are subject to return or exchange only according to Westart’s Return and Refund Policy. Any offer for any product or service made on this Site is void where prohibited. Please call to confirm unit availability and price. Westart is committed to accurate sale prices but mistakes can happen from time to time. Westart reserves the right not to honor any pricing errors. Some models and colors many not be available immediately. Fuel economy estimates are based on US EPA exhaust emission certification data obtained by the manufacturer. Your actual mileage will vary depending on road conditions, how you ride and maintain your vehicle, accessories, cargo and operator/passenger weight.
- Payment. Terms of payment for a product order are within Westart’ sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Westart may invoice parts of an order separately. Customer is responsible for, and will indemnify and hold Westart harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Westart’ costs of collection, including court costs, filing fees and attorney’s fees.
- Backordered Products. If a product is backordered, Westart will notify you by e-mail. If shipments scheduled more than 30 days after the order date, Westart will give you a cancellation option.
- Return and Refund Policy. Customer agrees to thoroughly and carefully inspect all goods and shipping papers upon delivery. No claim for shortage or damaged goods will be valid or enforceable against us unless Customer complies with Westart’s policy on returns and exchanges. Returns must always be preauthorized by Westart and are subject to a 15% re-stocking fee. Please call our customer service at (424) 245-9120. All returns must be postmarked no later than 30 days from the original customer shipment date. Returns and exchanges must be in new condition and must include all instructions and muse be made using the original packing material. Customer pays all return shipping charges and the Customer must insure the return shipment, at Customer’s cost, for the full value of the purchase. A copy of the packing list or e-mail invoice along with detailed return/exchange instructions must be included with all returns. Westart is not responsible for packages lost during return shipping. Once your return is received and verified, Westart will issue a refund in the same form of payment as originally used for the purchase. Original shipping and handling charges are not refundable and these amounts will be deducted from the original amount billed and the remaining balance will be refunded. Please allow up to 30 calendar days for your refund to be issued. Delays may be experienced in the case of incomplete returns. Incomplete returns or damaged merchandise may be declined or issued partial refund. The refund issued will be the purchase price less any fees that Westart incurred for the return shipping and any restocking fees that apply.
- Incorrect or Defective Item: If you received an incorrect or defective product, no extra charges will be incurred. Westart will replace incorrect and defective items and pay the additional shipping charge.
- Incorrect Customer Order: Incorrect customer orders can be exchanged for any other item without paying the restocking charge. However, the customer will pay the additional shipping and handling charge. The replacement item must be at least 75% of the value of the original item.
- Customer Information. You agree to provide current, complete and accurate purchase and account information for all purchases and orders made through this Site. You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- Image Display. Most products displayed on the Site are available in Westart’s “Bord de Mer” retail store. In some cases, merchandise displayed for sale on the Site may not be available at the store and vis and versa. The colors and details of the products you can see on the Site will depend on your computer system and Westart cannot guarantee that your computer will accurately display such colors. Westart makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors.
- No Warranties and Guarantees for Site Use. Westart does not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. You agree that from time to time Westart may remove its services for indefinite periods of time or cancel the services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Service and all products and services delivered to you through the Site are (except as expressly stated by us) provided as is and as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- Shipment. Westart will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. Westart charges shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise; such cost includes the freight charged by the carrier, packaging, and handling, but does not necessarily equal a direct pass-through of such cost to the customer. The Customer is responsible for all shipping and related charges. Different combinations of delivery methods may be offered. Please carefully review the list of delivery methods offered during the purchase process. The risk of loss transfers to the Customer once Westart delivers the product to the carrier. Delivery times are estimates only and Westart shall not be liable for delays. Westart retains a security interest in the products until payment in full is received.
- Product Warranties.
- Disclaimer: WESTART HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD BY THIRD PARTIES OR AFFILIATES OF WESTART, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY.
- Westart’s Warranty: Customer understands that Westart is not the manufacturer of the products purchased by Customer through the Site. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by Westart. Westart provides a warranty for the electronic Dolc-e Vita moped and the lithium-ion batteries for one (1) year. This one-year warranty starts from the date of purchase. Westart’s warranty is transferable (at no cost) from the original owner to a subsequent owner as long as the original invoice and the Certificate of Origin from Westart are included in the resale and the original owner submits a warranty transfer request in writing. Westart’s warranty includes parts and labor only. Westart’s warranty does not include: maintenance; normal wear and tear; improper assembly; improper repair; mistaken application of the instructions and warnings provided by in the user’s manual or by a Westart representative (whether verbally or in writing); installation or modification of components, parts, or accessories not originally intended for or compatible with the Dolc-e Vita moped; damage or failure due to an accident, misuse, abuse, or neglect; rust, corrosion, or defects which are caused by extreme environmental conditions to which the vehicle could be exposed (ex. ice, snow, seawater, etc.); use for purposes other than for which the Dolc-e Vita scooter, or power kit, were designed or involved in commercial use, unless the product is built and explicitly promoted for commercial use; flat tires; decorative or convenience items that are not critical to scooter function. In addition to these actions which will void Westart’s warranty, the battery warranty will be voided in the event the following actions occur: opening of the battery case; exposing the battery to direct flame or the immersion of the battery in any liquid medium; exposing the battery (or the scooter) to ambient temperatures above 120°F (49°C) or below -22°F (-30°C) for more than 24 hours at a time; dropping the battery onto hard surfaces, sufficient to crack the outer casing. Westart will only repair or replace pursuant to this warranty a power pack that exhibits a nominal storage capacity reduction of greater than 30% of the published nominal capacity, as measured by a Westart technician. When applicable, Westart will replace the part or product with a comparable part or product that may be new or refurbished. Any and all postage, towing charges and time loss incurred are the responsibilities of buyer. Customer must request for warranty coverage with supporting documents via email at firstname.lastname@example.org or by calling Westart’s warranty service at (424) 245-9120, or by taking the product to an authorized Westart retailer. Only a Westart Service Technician will determine if you have an issue that is covered by Westart’s Warranty. Warranty repairs are to be performed by Westart trained technicians only. All transportation costs and shipping damages incurred while submitting parts for repair or replacement are the responsibility of the Customer. Some warranty parts (such as engine) must be sent back at your expense in order to receive free diagnosis, repair or exchange. Under certain conditions, in the sole discretion of WESTART, and only with written pre-authorization from us, Warranty repairs may be performed by a third-party repair facility.
- Safety. Riding Dolc-e-Vita mopeds can be dangerous. Westart has no control over the usage of any part or product. Customer shall read and comply with all safety instructions in the documentation for each product, and to exercise good judgment as to the proper selection, installation, use and maintenance of any part. Westart recommends that all Dolc-e Vita moped riders take an approved training course. Electric mopeds can be hazardous to operate.
- Errors, Inaccuracies and Omissions. Occasionally there may be information on this Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Westart reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). Westart undertakes no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law.
5. Prohibited Conduct
You may not interfere with the content or functioning of this Site. You are expressly restricted and prohibited from all of the following:
- Copy, display, modify, reproduce, or otherwise transfer any of the Site materials to any third party
- Interfere or disrupt networks connected to the Site
- Use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site
- Transmit files, data or other materials containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed
- Deliver any communication to or through the Site which violates any local, state, federal or international law
- Deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material
- Deliver any communication to or through the Site that will infringe upon the rights of any third party;
- Publishing any Site material in any media;
- Selling, sublicensing, and/or otherwise commercializing any Site material;
- Publicly performing and/or showing any Site material;
- Using this Site in any way that is, or may be, damaging to this Site;
- Using this Site in any way that impacts user access to this Site;
- Using this Site contrary to applicable laws and regulations, or in any way that causes, or may cause, harm to the Site, or to any person or business entity;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site;
- Using this Site to engage in any advertising or marketing.
Westart may restrict access by you to any areas of this Site, at any time, in our sole and absolute discretion.
6. User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Westart may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. Westart is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Westart may, but has no obligation to, monitor, edit or remove content that Westart determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these TOC.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Westart or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Westart takes no responsibility and assumes no liability for any Comments posted by you or any third-party.
7. Ownership of Materials and Intellectual Property Rights
This Site and the materials contained therein reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights and intellectual property of Westart and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Westart and/or other parties is granted to or conferred upon you. You are granted a limited, non-transferable, revocable license only, subject to the restrictions in these TOC, for purposes of viewing the materials contained on this Site for your personal use only.
All Contents of this Site are protected by United States and international copyright laws. No materials on this Site may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not use the materials on this Site for anything other than informational purposes. The use of any materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Westart trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing Westart’s name, trademarks or other proprietary information. Trademarks owned by Westart may not be used or displayed publicly without the prior written permission of the owner of the marks. Any rights not expressly granted herein are reserved.
If you received a trademark complaint notification from us, you can contest it by emailing email@example.com and letting us know why you think the complaint is invalid. If you want us to forward the information from the trademark complaint notification, let us know and we will be glad to send it along although we may remove personal information.
8. Copyright Policy
If you are a copyright owner and you believe your work has been copied in a way that constitutes copyright infringement, please contact us and provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right of copyright that is allegedly infringed;
- Identification 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;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party (for example, the complaining party’s physical address, email address, and telephone number);
- A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be sent to Copyright Officer at 12024 Venice Blvd., Los Angeles, CA 90066.
If you received a notification that your Content has been removed as a result of a copyright complaint, it means another user reported that they own the rights to the Content, and requested that we remove Your Content. If you want us to forward the information from the copyright complaint notification, email us at firstname.lastname@example.org to let us know. Please note that we may remove some personal contact information from the original complaint. If your Content is the subject of repeated copyright complaints, we may disable your account altogether. If you think we made a mistake by removing your Content, you can file a counter-notice with us, by following the directions and requirements below. When we get a counter-notice that includes all of the information required, we will remove the complaint from your account’s record.
Note: There are legal and financial consequences for fraudulent or bad faith counter-notices. Before submitting a counter-notice, make sure you have a good faith belief that we removed your Content in error, and that you understand the repercussions of submitting a false claim. If Westart is the subject of a legal cause of action on account of your false claim, you will be added to the claim and Westart will not be liable for such false claim. In addition, Westart may at its sole discretion delete your account and refuse future service, which includes cancelling any orders that are active at the time, with no refund to you.
To submit your counter-notice, email us at email@example.com and include all of the following information:
- Your name, address and phone number.
- The web address of the Content we removed (copy and paste the link from the notification email).
- A statement under penalty of perjury that you have a good faith belief that your Content was removed in error.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located or, if your address is outside of the United States, for any judicial district in which Westart may be found, and that you agree to accept service of process from the entity who provided the original complaint.
- A physical or electronic signature (for example, by typing your full name).
- Any additional information you have showing that you own or are otherwise entitled to use the Content at issue.
9. Disclaimer and No Warranties
This Site is provided “as is,” and Westart makes no express or implied representations or warranties of any kind related to this Site or the materials contained on this Site. While Westart tries to maintain current information, Westart does not guarantee the currency, accuracy or completeness of the information. Westart responsibility or liability for damages which may result from your access to or use of information on this Site.
While some links on this Site may lead you to other sites, Westart does not endorse those sites or approve their content. Westart does not have control over those sites, is not responsible for their content, and does not verify or warrant the information on them. Westart provides such links solely as a convenience to you and for informational purposes only. If you go to such third-party sites, you assume any risk of doing so and you will be subject to the terms, conditions of use and privacy policies of the third-party sites. Other websites may include links to this Site. The inclusion of such links does not indicate the other website’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from this Site.
10. Limitation of Liability
IN NO EVENT SHALL WESTART, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU FOR ANYTHING ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE, INCLUDING YOUR PRODUCT ORDERS MADE THROUGH THIS SITE, WHETHER SUCH LIABILITY IS UNDER CONTRACT, TORT OR OTHERWISE, AND WESTART, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS AND LICENSORS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR DATA, LOST REVENUE, LOST SAVINGS, REPLACEMENT COSTS, OR ANY OTHER DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO WESTART FOR THE PRODUCTS YOU PURCHASED THROUGH THIS SITE AND ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS SITE AND THE SERVICES AND PRODUCTS. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Westart’s liability shall be limited to the maximum extent permitted by law.
Westart will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard your account information. Westart expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account will terminate immediately upon your breach of any of the terms herein.
Westart will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
You agree to indemnify Westart and its affiliates, or their respective officers, directors, employees, shareholders, agents, successors, or assigns to the fullest extent from and against any and all liabilities, costs, claims, demands, causes of action, damages and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way related to your use of this Site or your breach of any of the provisions of these TOC or your use of any products purchased through the Site.
9. Arbitration and Class Action Waiver
If a dispute arises from or relates to these TOC, you agree to first contact Westart to attempt to resolve the issue. If the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that, except with respect to any claim or dispute involving the ownership, validity or use of any of our trademarks or service marks, any unresolved dispute arising out of or related to these TOC or to the products and services sold or distributed through this Site, will be submitted for arbitration to the AAA. Westart shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction.
The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in Los Angeles, California and in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. You and Westart waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding. You and Westart waive any right to a jury trial for such disputes.
In reaching a decision, the arbitrator shall follow these TOC, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The arbitrator shall include in the arbitration award any relief the arbitrator deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.
Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.
Any and all claims and actions arising out of or relating to these TOC shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.
You agree that you will not file a class action against Westart, or participate in a class action against Westart. You agree that you will not file or seek a class arbitration, or participate in a class arbitration, against Westart.
If any provision of these TOC is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these TOC unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
14. Revision of TOC
Westart expressly reserves the right to revise these TOC at any time as it sees fit and, by using this Site, you are expected to review such TOC on a regular basis to ensure you understand all terms and conditions governing the use of this Site.
Westart is permitted to assign, transfer, and subcontract its rights and/or obligations under these TOC without notification or consent required. You, however, are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these TOC.
16. Entire Agreement and No Waiver
The failure of Westart to exercise or enforce any right or provision of these TOC shall not constitute a waiver of such right or provision.
17. Governing Law and Jurisdiction
These TOC will be governed by, construed and enforced in accordance with the laws of the State of California without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in these TOC may be filed only in the state or federal courts located in the State of California, County of Los Angeles.
18. Contact Information
Questions about these TOC should be sent to us at firstname.lastname@example.org.