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Lasted Updated [May 17, 2023]
We reserve the right at any time, with or without cause, to:
- change the terms and conditions of this Agreement;
- change the Website, including eliminating or discontinuing any Information or Services or other feature of the Website; or deny or terminate your use of and/or access to the Website.
PERMITTED USE OF SERVICES AND INFORMATION
The services made available on, by or through the Website, which include or may include, without limitation, Rolling Greens registration, marketplace for products and services, images, submissions, contests, promotions and involvement in Rolling Greens events (collectively, the "Services" or singularly a “Service”), as well as any information provided on, by or through the Website or as part of, or in connection with the Services or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links and references (collectively, the "Information"), are provided for personal use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted herein. Without the written consent of Rolling Greens, no Information or any other Rolling Greens’ materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, except as expressly permitted herein.
You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise Rolling Greens promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Rolling Greens or others.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and] our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Rolling Greens, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination: We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot/do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards: These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
The Website is owned and operated by Rolling Greens and its licensors, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Rolling Greens and its licensors and suppliers. The Information and Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website or any Service or Information without our prior written permission. The Information, Website, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Rolling Greens or, if so indicated in writing by Rolling Greens, its licensors or suppliers. Use of the Website or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website or any Services or Information.
The trademarks, logos, and service marks displayed on the Website (collectively, the ”Trademarks”) are the registered and unregistered trademarks of Rolling Greens, Rolling Greens licensors and suppliers, and/or others. Rolling Greens® is a registered trademark of Rolling Greens Nursery, Inc. Nothing contained in this Agreement, or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Rolling Greens, Rolling Greens licensors or suppliers, or the third party owner of any such Trademark, except as set forth in the following paragraph.
NO USE BY CHILDREN UNDER 13
You hereby affirm that you are over the age of 12, as this Website is not intended for children under 13. If you are under 13 years of age, then you may not use the Website. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
TERM & TERMINATION
This Agreement is effective from the date that you first access the Website or submit any information to Rolling Greens, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Rolling Greens may immediately terminate this Agreement, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the Website, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Rolling Greens rights of ownership shall survive any termination.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Rolling Greens to maintain and support the Website, or any part or portion thereof, during the term of this Agreement.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt-In: the Rolling Greens Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilize to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Rolling Greens Program, you agree to receive automatic telephone dialing system (“ATDS” or “Auto Dialer”) messages or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an Auto Dialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an Auto Dialer. Message and data rates may apply.
User Opt-Out: If you do not wish to continue participating in the Rolling Greens Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Rolling Greens Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Program Description: Without limiting the scope of the Rolling Greens Program, users that opt into the Rolling Greens Program can expect to receive messages concerning the marketing and sale of Rolling Greens products. If you have opted in, you may receive the Service promotions, specials, and other marketing offers (i.e., cart reminders) from Rolling Greens via text messages through your wireless provider to the mobile number you provided. You will receive marketing and promotional messages including cart reminders. If you opt into “Updates” messages, you will receive order updates, account alerts, and other account-related information. Both services will be sent from Rolling Greens via text messages through your wireless provider to the mobile number you provided.
Cost and Frequency: Message and data rates may apply. Message frequency varies.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Rolling Greens Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Rolling Greens Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with the Rolling Greens Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
GIVEAWAYS AND SWEEPSTAKES TERMS AND CONDITIONS
Eligibility: Rolling Greens’ Giveaways and/or Sweepstakes are open to legal residents of the United States only who enter giveaways through our pop up on rollinggreens.com or any of our social media platforms (Instagram, Facebook, TikTok. Twitter, YouTube, or LinkedIn). Entrants must be 18 years of age or older. Our giveaways are subject to federal, state, and local laws and regulations and void where prohibited by law. Rolling Greens’ employees and Directors are ineligible to participate in our giveaways or sweepstakes.
Sponsorship. The sponsor is Rolling Greens (“Sponsor”) and is located at 5340 Harbor Street, Commerce, CA 90040. Rolling Greens will conduct the giveaways and sweepstakes substantially as described in these Official Rules.
Agreement to Rules: By entering any of our Giveaways or Sweepstakes, the Entrant (“You”) agrees to abide by the Sponsor's Official Rules and decisions, which are fully and unconditionally binding in all respects. The Sponsor reserves the right to refuse, withdraw, or disqualify any entry at any time at the Sponsor’s sole discretion. By entering our Giveaways and/or Sweepstakes, You represent and warrant that You are eligible to participate based on eligibility requirements explained in the Official Rules. You also agree to accept the decisions of the Sponsor as final and binding as it relates to the content of our Giveaways and Sweepstakes.
Rolling Greens’ Giveaways and Sweepstakes Entry Periods are listed on the official launch post, landing page, and newsletter. To be eligible for the Giveaways or Sweepstakes, entries must be received within the specified Entry Period.
How to Enter:
For Social Media Giveaways: Eligible entrants can enter by following the rules stated on the launch post on said social media platform. Purchasing our goods or services is not required to enter.
For Pop Up giveaways on rollinggreens.com, eligible entrants can enter by submitting their email or phone number, and by submitting your email or phone number, you agree to join our Email or Text Program and receive marketing emails and/or text messages from us at the number or email address provided, included messages sent by Auto Dialer. Consent is not a condition to purchase. Reply STOP to cancel or HELP for help. Message and data rates may apply. Message frequency varies.
For any giveaway or Sweepstakes, as a participant, your entry must fully meet all Sweepstakes or Giveaway Requirements, as specified in the Official Rules, in order to be eligible to win a prize. Incomplete entries or those that do not adhere to the Official Rules or specifications will be disqualified at the Sponsor's sole discretion.
For Social Media Giveaways, the Winner(s) of Rolling Greens’ Giveaways and Sweepstakes will receive the prize as outlined in the official launch post or newsletter. The actual/appraised prize value may differ at the time the prize is awarded. The prize(s) shall be determined solely by the Sponsor. There shall be no cash or other prize substitution permitted except at the Sponsor’s discretion. The prize is non-transferable. The Winner, upon acceptance of the prize, is solely responsible for all expenses related to the prize, including without limitation any and all local, state, and federal taxes. The Winner shall not transfer or assign the prize to others nor shall the Winner request the cash equivalent or prize substitution. By accepting the prize, the selected Winner grants permission for the Sponsor to use the Winner’s likeness, entry, and name for purposes of advertising and trade without further compensation unless prohibited by law.
For website pop-up giveaways, the winners will be notified via the method they signed up for—email or SMS/text—and will be notified of their prize by the end of each calendar month. The prize will be sent via email or SMS/text.
For winners of prizes over $600, Rolling Greens may need to contact you to issue a 1099 for tax purposes.
Odds: The total number of eligible entries received determines the odds of winning.
Selection and Notification of Winner: The Winner will be selected by randomly drawing under the supervision of the Sponsor.
For Social Media Giveaways: The Sponsor will notify the Winner(s) by Direct message on the said platform within the same day of the giveaway closing.
For website pop-up Giveaways: The Sponsor will notify the Winner(s) through the method they signed up (either email or SMS/text message) by the end of each calendar month. The same participant cannot win a website pop-up giveaway more than once in one (1) calendar year.
The Sponsor is not responsible for nor shall have no liability for Winner’s failure to receive notices due to email security settings that may cause notifications to be marked as spam or junk email. Nor shall the Sponsor be liable for the Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner 1) fails to claim the prize within 14 days from the time the award notification was sent, 2) is found ineligible, or 3) does not complete and return an executed declaration and release within the specified timeframe, the prize may be forfeited, and an alternate Winner may be selected. Receipt of the prize offered in any of Rolling Greens’ giveaways or sweepstakes by the Winner is upon the condition of compliance with any and all federal, state, and local laws and regulations. IF THE WINNER VIOLATES ANY OF THESE OFFICIAL RULES, THE WINNER (AT THE SPONSOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED
Rights Granted by You: By submitting an entry (e.g., text, video, photo, etc.) into any of our Giveaways or Sweepstakes, You understand and agree that the Sponsor, any individual acting on the Sponsor’s behalf, and the licensees successors, and assigns of the Sponsor shall, where permitted by law, have the right to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, your submission, name, photo, portrait, voice, likeness, image, statements about Rolling Greens’ giveaways and sweepstakes and use for publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration.
For Giveaways including sharing videos or images on Social media, you may only enter using your own original work and not violate anyone’s proprietary or intellectual property rights. Entries that violate the intellectual property rights of others are automatically disqualified or become the subject of litigation if chosen as the winner.
Terms & Conditions: In its sole discretion, the Sponsor reserves the right to modify, pause, extend, or terminate any giveaway or sweepstakes at any time. The Sponsor, in the event of any of the above issues, may determine the Winner based on all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. Individuals who tamper with or attempt to tamper with the operation or entry process of any of Rolling Greens’ Giveaways or Sweepstakes or violates these Terms & Conditions will be disqualified by the Sponsor in its sole discretion. In its sole discretion, the Sponsor has the right to maintain the integrity of our Giveaways and Sweepstakes to void votes for any reason, including, but not limited to: the use of bots, macros, scripts, or other technical means for entering. Attempts by any entrant to deliberately damage any website or undermine the legitimate operation of Rolling Greens’ Giveaways or Sweepstakes may be a violation of criminal and civil laws. If any such attempt is made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
Limitation of Liability: Your entry into Rolling Greens’ Giveaways and Sweepstakes constitutes Your agreement to release and hold harmless the Sponsor and its subsidiaries, representatives, affiliates, partners, advertising and promotion agencies, successors, agents, assigns, directors, employees, and officers against and from any and all claims, liability, illness, injury, death, litigation, loss, or damages that may occur, directly or indirectly from participation in the Sweepstakes or Giveaways and/or the 1) Winner accepting, possessing, using, or misusing of any awarded prize or any portion thereof; 2) any type of technical failure; 3) the unavailability or inaccessibility of any transmissions, phone, or Internet service; 4) unauthorized intervention in any part of the entry process or the Promotion; 5) electronic error or human error in the Promotion administration or the processing of entries.
Disputes: Rolling Greens’ Giveaways and Sweepstakes ARE GOVERNED BY THE LAWS OF THE UNITED STATES AND CALIFORNIA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. The Entrant agrees, as a condition of participating in this promotion, that if any disputes cannot be resolved between the Entrant and the Sponsor, and if causes of action arise out of or are connected with any of Rolling Greens’ Giveaways or Sweepstakes, they shall be individually resolved exclusively before a court located in California, having jurisdiction, without resorting to any form of class action. Under no circumstances in any such dispute shall the participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering Rolling Greens’ Giveaways or Sweepstakes). The participant waives all rights to have damages multiplied or increased.
Instagram, Facebook, TikTok, Twitter, and LinkedIn Rules: Each giveaway and sweepstakes’ requirements to enter varies and the rules must be followed on the launch post to enter. Giveaways and Sweepstakes on social media are in no way sponsored, endorsed, or affiliated with any social media platform or retail grocery store.
By entering any of our giveaways or sweepstakes, You, the Entrant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.
GENERAL TERMS AND CONDITIONS
The Website and all Services are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Website, that such use at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Website, and that Rolling Greens shall not be liable for any damages of any kind related to your use of this Website.
Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER ROLLING GREENS NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, SERVICES, OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, SERVICE, OR LINKED WEBSITE, AS APPLICABLE. NEITHER ROLLING GREENS NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED OR POSTED ON THE WEBSITE BY THIRD PARTIES.
You agree to fully indemnify, defend, and hold Rolling Greens, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Website or other websites to which the Website is linked; and/or (d) your negligence or willful misconduct.
Rolling Greens makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or Services are appropriate or available for use in other locations. Accessing the Website from territories where the Website or any content or functionality of the Website or portion thereof is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.
Notice for California Users
The following information is provided pursuant to California Civil Code Section 1789.3:
- Name, address, and telephone number of provider of Services: Rolling Greens Nursery, Inc., 5340 Harbor Street, Commerce, CA 90040; (213) 271-2047;
- For support of complaints, email us at: email@example.com;
- The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Dispute Resolution/Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Los Angeles, California and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. Venue will lie exclusively in Los Angeles, California. For the sake of clarity, nothing in this paragraph shall affect Rolling Greens' ability to seek from a court injunctive or equitable relief at any time. If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter.
This Agreement may not be changed, waived or modified except by Rolling Greens as provided herein or otherwise by written instrument signed by Rolling Greens.
Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with Rolling Greens' prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Rolling Greens may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.