Carlo Pacific User Agreement

Updated July 25, 2017

Introduction

This User Agreement, the Privacy Policy, and all policies posted on our sites set out the terms on which Carlopacific.com offers you access to and use of our sites, services, applications and tools (collectively “Services”). All policies and the Privacy Policy are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.

The entity you are contracting with is Forex Cargo, Inc. with headquarter office in 811 East G Street, Unit F, Wilmington, CA 90744 as the owner of the website – carlopacific.com.

The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.

1. General Terms

In this User Agreement, “Carlo Pacific”, “we”, “our”, and “us” mean CarloPacific.com and the use of our sites, services, applications and tools (collectively “Services”), “you” or “your” means you, using the Services of CarloPacific.com

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (“Agreement to Arbitrate”)). Unless you opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

2. About Carlo Pacific

Carlo Pacific is a marketplace that allows users to sell and buy products in a variety of pricing formats. The actual contract for sale is directly between the seller whom is referred to as the personal shopper, and the buyer.

While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Carlo Pacific has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

3. 3. Use of Carlo Pacific Services

In connection with using or accessing our Services, you will not:

• post, list or upload content or items in inappropriate categories or areas on our sites; breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
• use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  Manipulate the price of any item or interfere with any other personal shopper’s listings on CarloPacific.com;
• post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
• transfer your Carlo Pacific account (including reviews) and user ID to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Carlo Pacific or the interests or property of our users;
• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Carlo Pacific;
• interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Carlo Pacific. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Carlo Pacific or someone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
• commercialize any Carlo Pacific application or any information or software associated with such application, except with the prior express permission of Carlo Pacific;
• harvest or otherwise collect information about users without their consent; or
• circumvent any technical measures we use to provide the Services.

If we believe you are abusing Carlo Pacific in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.

4. Your Carlo Pacific Account

You may need your own Carlo Pacific account to use certain Carlo Pacific Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for updating your account information, maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

Carlo Pacific may promote products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment methods. If you are under 18, you may use the Carlo Pacific Services only with involvement of a parent or guardian. Sexual Wellness listings on Carlo Pacific are intended for adults. You must be at least 21 years of age to purchase listings from Sexual Wellness category, or use any site functionality related to Sexual Wellness. Carlo Pacific reserves the right to refuse service, terminate accounts, terminate your rights to use Carlo Pacific Services, remove or edit content, or cancel orders in its sole discretion.

5. Listing Conditions

When listing a product or an item as a Personal Shopper, you agree to comply with Carlo Pacific’s listing requirements and best practices:

• You are responsible for the accuracy and content of the product that you have listed on the site for sale.
• Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Carlo Pacific can’t guarantee exact listing durations.
• Content that violates any of Carlo Pacific’s policies may be deleted at Carlo Pacific’s discretion.

• We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
  • buyer’s location, search query, browsing site, and history;
  • product or item’s location, listing format, price and shipping cost, terms of service, history, and relevance to the user query;
  • personal shopper’s selling history, including listing practices, personal shopper’s performance, policy compliance and reviews; and
  • number of listings matching the buyer’s query.
• To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
• Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.

6. Policy Enforcement

When a buyer or personal shopper issue arises, we may consider the either party’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and personal shoppers.

7. Purchase Conditions

When buying an item, you agree that:

• You are responsible for reading the full item listing before making a commitment to buy;
• You agree to pay the full amount upon delivery if you are doing a cash-on-delivery payment method. In the event that you refuse the product because you do not want to pay for it, or that you claim that you did not make the purchase but it is confirmed and verified that you purchased the item in our system, or that you changed your mind that you do not want it anymore; you will be blocked from making future transactions on CarloPacific.com;
• You enter into a legally binding contract to purchase an item when you commit to buy an item;
• We do not transfer legal ownership of items from the seller to the buyer.

8. Fees

The fees we charge for using our Services are listed on Carlo Pacific Fees page. We may change our fees from time to time by posting the changes on the Carlo Pacific site fifteen (15) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

9. Returns, Refunds, or Replacements

CarloPacific.com accepts returns, refunds, or exchanges for items received with defect or damage only within seven (7) days upon receipt of the buyer’s order. We also accept replacement for incorrect item delivered, only within (seven) 7 days upon receipt of buyer’s order.

When returning the item, the item should be in its original condition when purchased and must not be used.  As a buyer, you are required to send us an email documentation of the description of your problem with attached photos of the item that may be defective, damaged or not the right item, before we review your case.

Sale items are non-refundable and non-returnable.

10. Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

11. Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Carlo Pacific’s Services or your breach of any law or the rights of a third party.13.

12. Disclaimer of Warranties; Limitation of Liability

We do our best to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

• the content you provide (directly or indirectly) using the Services;
• your use of or your inability to use our Services;
• pricing, shipping, format, or other guidance provided by Carlo Pacific;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing or linking to our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of any Carlo Pacific Service;
• the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach of the Abusing Carlo Pacific Section above;
• the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
• your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

13. Electronic Communications

When you use Carlo Pacific Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Carlo Pacific Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14. License and Access

Subject to your compliance with this User Agreement, Privacy Policy, and any other Terms of Carlo Pacific Service, and your payment of any applicable fees, Carlo Pacific or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Carlo Pacific Services. This license does not include any resale or commercial use of any Carlo Pacific Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Carlo Pacific Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Carlo Pacific or its licensors, suppliers, publishers, rightsholders, or other content providers. No Carlo Pacific Service, nor any part of any Carlo Pacific Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Carlo Pacific. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Carlo Pacific without express written consent. You may not use any meta tags or any other “hidden text” utilizing Carlo Pacific’s name or trademarks without the express written consent of Carlo Pacific. You may not misuse the Carlo Pacific Services. You may use the Carlo Pacific Services only as permitted by law. The licenses granted by Carlo Pacific terminate if you do not comply with these Conditions of Use or any Service Terms.

15. Reviews, Comments, Communications, and other Content

You may post reviews, comments, photos, videos, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Carlo Pacific reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Carlo Pacific a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Carlo Pacific and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Carlo Pacific for all claims resulting from content you supply. Carlo Pacific has the right but not the obligation to monitor and edit or remove any activity or content. Carlo Pacific takes no responsibility and assumes no liability for any content posted by you or any third party.

While we try to offer reliable data, we cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. As a buyer, you agree that Carlo Pacific is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies. As a personal shopper, it is your responsibility to review the content of your listings for accuracy and to comply with copyright, trademarked or proprietary materials included in your listing or listing photos.

16. Trademark

The name “Carlo Pacific” and other Carlo Pacific marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Carlo Pacific in the U.S. and other countries. They may not be used without the express written prior permission of Carlo Pacific.

One or more patents owned by Carlo Pacific apply to the Carlo Pacific Services and to the features and services accessible via the Carlo Pacific Services. Portions of the Carlo Pacific Services operate under license of one or more patents.

17. Notice for Claims of Intellectual Property Violations and CopyrightInfringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Carlo Pacific works to ensure that listed items and content on our site do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate.

18. Authorization to Contact You; Recording Calls; Analyzing Message Content

Carlo Pacific may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Carlo Pacific may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. As described in our Privacy Policy, Carlo Pacific may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time.

Carlo Pacific may share your telephone number with its authorized service providers as stated in our Privacy Policy. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Carlo Pacific to carry out the purposes we have identified above.

Carlo Pacific may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Carlo Pacific or its agents for quality control and training purposes, or for its own protection.

Carlo Pacific’s systems scan and analyze the contents of every message sent through its platform, including messages between users, to detect and prevent fraudulent activity or violations of Carlo Pacific’s User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Carlo Pacific may store message contents, including to conduct this scanning and analysis.

19. Privacy of Others; Marketing

If Carlo Pacific provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

20. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND CARLO PACIFIC HAVE AGAINST EACH OTHER ARE RESOLVED.

You and Carlo Pacific agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Carlo Pacific (including any claim or dispute between you and a third-party agent of Carlo Pacific) that relates in any way to or arises out of this or previous versions of the Carlo Pacific User Agreement, your use of or access to the Services, the actions of Carlo Pacific or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

a) Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Carlo Pacific, except as otherwise stated in the User Agreement.

b) Agreement to Arbitrate

You and Carlo Pacific each agree that any and all disputes or claims that have arisen, or may arise, between you and Carlo Pacific (including any disputes or claims between you and a third-party agent of Carlo Pacific) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to Carlo Pacific’s Services, the actions of Carlo Pacific or its agents, or any products or services sold, offered, or purchased through Carlo Pacific’s Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

• Prohibition of Class and Representative Actions and Non-Individualized Relief
  

YOU AND CARLO PACIFIC AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND CARLO PACIFIC AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Carlo Pacific’s right to appeal the court’s decision. All other claims will be arbitrated.

• Arbitration Procedures
  

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute. Carlo Pacific will send any Notice to you to the physical address we have on file associated with your Carlo Pacific account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and Carlo Pacific are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Carlo Pacific may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Carlo Pacific. In the event Carlo Pacific initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Carlo Pacific account. Any settlement offer made by you or Carlo Pacific shall not be disclosed to the arbitrator.

The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Carlo Pacific may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Carlo Pacific subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Carlo Pacific may attend by telephone, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Carlo Pacific user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

• Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Carlo Pacific will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Carlo Pacific should be submitted by mail to the AAA along with your Demand for Arbitration and Carlo Pacific will make arrangements to pay all necessary fees directly to the AAA. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Carlo Pacific for all fees associated with the arbitration paid by Carlo Pacific on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

• Severability

With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

• Opt-Out Procedure

IF YOU ARE A NEW CARLO PACIFIC USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO CARLO PACIFIC.

For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of the Agreement to Arbitrate. You must include your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the Carlo Pacific account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

• Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Carlo Pacific prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Carlo Pacific. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on CarloPacific.com at least 30 days before the effective date of the amendments and by providing notice through the Carlo Pacific Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

c) Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Carlo Pacific must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and Carlo Pacific agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.

d) Sanctions and Export Policy

You may not use any Carlo Pacific Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Carlo Pacific Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Carlo Pacific Software), technology, and services.

22. Other Businesses

Parties other than Carlo Pacific operate stores, provide services or software, or sell product lines through the Carlo Pacific Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Carlo Pacific does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

23. Additional Carlo Pacific Software Terms

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Carlo Pacific Services (the “Carlo Pacific Software”).

a) Use of the Carlo Pacific Software.

You may use Carlo Pacific Software solely for purposes of enabling you to use the Carlo Pacific Services as provided by Carlo Pacific, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Carlo Pacific Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Carlo Pacific Software in whole or in part. All software used in any Carlo Pacific Service is the property of Carlo Pacific or its software suppliers and is protected by United States and international copyright laws.

b) Use of Third Party Services

When you use the Carlo Pacific Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

c) No Reverse Engineering
You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Carlo Pacific Software, whether in whole or in part.

d) Updates

We may offer automatic or manual updates to the Carlo Pacific Software at any time and without notice to you.

e) Government End Users

If you are a U.S. Government end user, we are licensing the Carlo Pacific Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Carlo Pacific Software are the same as the rights we grant to all others under these Conditions of Use.

24. General

Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on CarloPacific.com.

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on CarloPacific.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an Carlo Pacific representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the CarloPacific.com site.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Pursuant to 815 ILCS 414/1.5(c), for transactions involving tickets to events in Illinois, buyers and sellers may elect to submit complaints against one another to the American Arbitration Association (“AAA”) under its rules and procedures. The AAA’s rules are available at www.adr.org.  Such complaints shall be decided by an independent arbitrator in accordance with this User Agreement.  Buyers and personal shoppers further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois.

 

Carlo Pacific Privacy Policy
Updated July 25, 2017