TERMS & CONDITIONS

A Legal Disclaimer

1. Eligibility

The Services are not targeted toward or intended for use by anyone under the age of 16. Crest Market LA encourages parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also keep children from disclosing online their name, address and other personal information without parental consent. Additional eligibility requirements apply to purchases made using the Services, and are set forth in Part Three.

If you are using the Services on behalf of any person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these Terms.

2. Accounts and Account Security

In order to access and use certain areas or features of the Services, including to purchase any products made available through the Apps (the “Products”), you will need to register for an account (an “Account”). You can create an Account as follows:

Download one of our Apps on a smartphone or other mobile device that is capable of downloading and running the App from the Apple App Store or Google Play Store (as applicable) and follow the prompts to create an Account. Crest Market LA does not charge to download its Apps, but standard data rates may apply.

Visit www.CrestMarketLA.com and follow the prompts to create an Account.

By creating an Account, you agree to

provide accurate, current and complete Account information,
maintain and promptly update, as necessary, your Account information,
maintain the security of your Account credentials,
be responsible for the acts or omissions of any third party who has authority to access or use your Gift Card or Account, including by use of the Services on your behalf, and
immediately notify us if you discover or otherwise suspect any security breaches related to your Account. We shall not be responsible for misdirected communications such as mail or e-mail or any consequences thereof.

You may only have one Account and such Account will be used to access all applicable Products, Apps, and Services.

3. Privacy Notice

Crest Market LA’s personal information practices, including the collection, use and/or disclosure of your personal information, are governed by Crest Market LA’s Privacy Notice located at https://www.CrestMarketLA.com/consumer-privacy-notice, which is hereby incorporated into these Terms by reference. We reserve the right to modify our Privacy Notice from time to time. While using the Services and from time to time, you may be asked whether or not you consent to and wish to receive marketing and other non-critical communications relating to the Services. If you agree and consent to receiving such communications from Crest Market LA, you may opt-out of receiving such communications at any time as provided in our Privacy Notice.

4. Ownership, License & Restrictions on Use

4.1. The materials provided, contained in or made available for use in connection with the Services (collectively, the “Materials”) are protected by law, including, but not limited to United States Copyright and Trademark laws, and international treaties. The Services are controlled and operated by Crest Market LA from its offices within the U.S. Crest Market LA makes no representation that any of the Services or Materials are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access any of the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. See below for further copyright and trademark information.

4.2. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Services and the Materials belong to Crest Market LA or the original creator of the material. Further, all names, designs, graphics, data, images, pictures, logos and icons on the Services and the Materials are proprietary information or proprietary marks of Crest Market LA or the original creator of the material. The compilation of all content, including the look and feel of the Services (including the Materials), is the exclusive property of Crest Market LA and is protected by U.S. copyright law, as applicable. Except as may be expressly provided herein, nothing contained in these Terms or elsewhere shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights, to any of the Materials.

4.3. You are hereby granted a personal, non-exclusive, non-transferable, limited license to:

use the Apps on your mobile device for your personal non-commercial use only; and
view the Sites, and print insignificant portions of materials retrieved from the Sites provided
- they are used only for informational, non-commercial purposes, and
- you do not remove or obscure the copyright notice or other notices. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the Services (including the Materials). Further, you may not reproduce any part of the Services (including the Materials) and any such violation with respect to the Services will terminate the license(s) granted herein.

4.4. You also may not, without the permission of Crest Market LA "mirror" any of the Materials on any other server. Any unauthorized use of any of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

4.5. As between you and Crest Market LA, all submissions, suggestions, ideas, artwork, or other information (the "Submission") communicated to Crest Market LA through the Services become the sole and exclusive property of Crest Market LA. Crest Market LA is not required to treat any Submissions as confidential, and will not incur any liability as a result of any similarities that may appear in future Crest Market LA endeavors. Crest Market LA will have exclusive ownership of all present and future existing rights, including all commercial rights, to the Submission of every kind and nature in perpetuity throughout the universe, without acknowledgment or compensation to you. You acknowledge that you are responsible for whatever material you submit, and that you, not Crest Market LA, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright. Crest Market LA reserves the right (but is not obligated) to remove or edit such content, but does not regularly review posted content. Crest Market LA has the right but not the obligation to monitor and edit or remove any activity or content. Crest Market LA takes no responsibility and assumes no liability for any content posted by you or any third party.

4.6. The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Services (including the Materials) are registered and unregistered Trademarks of Crest Market LA and others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services (including the Materials), without the written permission of the Trademark owner. Crest Market LA aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Crest Market LA, Inc., Slurpee or the Crest Market LA logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without prior, written permission of Crest Market LA. Crest Market LA prohibits use of the Crest Market LA logo as a "hot" link to any website, including the Sites, unless establishment of such a link is approved in advance by Crest Market LA in writing.

5. User Conduct

As a specific condition of your use of any of the Services, you explicitly agree not to

use any of the Services for any purpose that is unlawful or prohibited by these Terms;
use the Services in any way that could damage, disable, overburden, or impair any of the Services, or interfere with anyone else's use of any of the Services;
attempt to gain unauthorized access to Crest Market LA computer systems or networks connected to Crest Market LA, through hacking, password mining or any other means;
attempt to reverse engineer any portion of any of the Services or attempt to infringe the intellectual property rights of others in any way;
obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services;
attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; and
use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

6. Third Party Content

The Services may contain links to and from third party websites. Crest Market LA has no control over the content or privacy notices of third-party websites that you may link to from the Services or their advertisers. If you visit a linked website, be aware that the third party operating any such website may have access to any information you submit via that website. Crest Market LA is not responsible for any third party's failure to establish or abide by its or our Privacy Notice. We suggest always checking the privacy notice for each website that you visit prior to submitting any personal information. Links to third party websites do not imply endorsement of the websites by Crest Market LA.

7. Fuel Prices

You acknowledge and agree that any information pertaining to fuel prices is presented by Crest Market LA on an “as is” basis, without any guarantee or representation by Crest Market LA as to the accuracy of such information. Crest Market LA disclaims, and you accept the information without any warranties of any kind, either express or implied, as to the accuracy of the information. Although Crest Market LA strives to provide you with timely, relevant and accurate information pertaining to fuel prices, the fuel prices displayed on the Crest Market LA Site or the Apps are subject to change and may vary from those offered at your local Crest Market LA location. Fuel prices displayed on the Crest Market LA Site or the Apps are not and shall not be deemed an offer to you. Crest Market LA does not guarantee, and you agree that you may not rely upon, the fuel prices displayed on the Crest Market LA Site or in the Apps. The fuel price you ultimately pay will always be determined at the time and location of sale, as posted at the pump of the Crest Market LA location from which you purchase fuel.

8. Effective Date, Modification; Changes

These Terms are effective and were last updated as of the revision date at the beginning of these Terms. At any time, Crest Market LA may revise these Terms. If we make changes, we will post the amended Terms to our Services, and update the “Last Updated” date above. We may also notify you by sending an email notification to the address associated with your Account or providing notice through our Services. Revisions are effective and binding when posted on the Services. Any continued use of any of the Services following any revision means you agree to the revisions. Crest Market LA expressly reserves the right to terminate or discontinue any of the Services at any time and for any reason, with or without notice to you.

9. Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that materials available on this site infringe your copyright, please let us know. Notices must be filed in compliance with the Digital Millennium Copyright Act, 17 U.S.C. §512 by contacting our DMCA designated agent in writing:

Crest Market LA
401 E. Hillcrest Blvd.
Inglewood, CA 90301

Please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Crest Market LA for certain costs and damages.

10. Disclaimers

EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, THE SERVICES, 7COLLECTION MERCHANDISE, AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT:

THE PROGRAM, SERVICES, PROMOTIONAL CONTESTS, MERCHANDISE AND MATERIALS ARE FREE OF ERRORS;
DEFECTS WILL BE CORRECTED; OR
THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT THEREIN IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. WITHOUT LIMITING THE FOREGOING, Crest Market LA MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. Crest Market LA WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE. Crest Market LA MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICES AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

Crest Market LA DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO

ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SERVICES, PROMOTIONAL CONTESTS, MERCHANDISE, AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,
ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES, THE APPS OR MATERIALS PROVIDED, MADE AVAILABLE IN CONNECTION WITH THE PROGRAM OR ANY PROMOTIONAL CONTESTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN,
THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF,
YOUR USE OF ANY OF THE SERVICES, MERCHANDISE, OR PARTICIPATION IN ANY PROMOTIONAL CONTESTS,
ANY THIRD PARTIES ENGAGED IN CONNECTION WITH ANY OF THE SERVICES, INCLUDING THE DELIVERY OF ORDERS, OR
YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY OF THE SERVICES OR PROMOTIONAL CONTESTS.

ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON THE SITES, THE APPS OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH THE PROGRAM, PARTICIPATION IN ANY PROMOTIONS OR OFFERINGS (INCLUDING DELIVERY OF AND PAYMENT FOR GOODS AND SERVICES) AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. Crest Market LA 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. Crest Market LA IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS, PROMOTIONS OR OFFERINGS.

WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SERVICES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SERVICES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SERVICES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SERVICES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

11. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SERVICES, OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF:

(1) THE TOTAL AMOUNT YOU SPENT ON PURCHASES FROM THE APPS IN THE MOST RECENT TWELVE-MONTH PERIOD, OR

(2) IF YOU HAVE NOT PAID CREST MARKET LA, THE AMOUNT OF $100.

THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

12. Dispute Resolution; Binding Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH Crest Market LA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Access to and use of any of the Services and these Terms are governed by the laws of the State of Texas and the United States as applicable therein, without resort to conflict of law provisions. Crest Market LA makes no representation that the contents of any of the Services are appropriate or available for use outside of the United States, and those who choose to access any of the Services from other locations are solely responsible for compliance with their local laws. Any legal actions against Crest Market LA must be commenced within two years after the claim arose. Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 5 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents, you and Crest Market LA agree

to waive your and Crest Market LA’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services resolved in a court, and
to waive your and Crest Market LA’s respective rights to a jury trial.

Instead, any Dispute arising out of or relating to any of the Services, or these Terms will be resolved by binding arbitration administered by National Arbitration and Mediation ("NAM").

A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Notice"). The Notice to Crest Market LA should be sent by mail or overnight delivery to Attn: Legal Department, 401 Hillcrest Blvd., Inglewood, CA 90301. The Notice must include (a) your name, address, and email address; (b) whether you have an account and how and when you created it, and the email address and telephone number associated with that account; (c) a description of the nature and basis of the claim or dispute including any relevant facts regarding your use of the Services; (d) an explanation of the specific relief sought, including the total damages you seek if any and the basis for the damage calculations; (e) your personally signed statement verifying the accuracy of the content of the Notice; and (f) if you have retained an attorney, your signed statement authorizing Crest Market LA to disclose personal information about you to your attorney if necessary in resolving your claim. The Notice must also be individualized, meaning it can only concern your dispute and no other person's dispute. You also agree that, after sending the Notice, at Crest Market LA's request you will personally participate in a discussion by telephone with Crest Market LA to facilitate resolving your claim before arbitration is initiated. Crest Market LA also agree to participate in a telephone discussion at your request. If we and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or we may commence an arbitration proceeding (if either you or we send the other an incomplete Notice, the 60-day period begins only after a complete Notice is received, and if either you or we request a telephone discussion, the 60-day period begins only after the discussion has happened). Compliance with this pre-arbitration Notice and dispute resolution procedures are a condition precedent to initiating arbitration.

Any arbitration shall be conducted before a sole arbitrator in accordance with the applicable NAM rules, including the Comprehensive Dispute Resolution Rules and Procedures and the Mass Filing Dispute Resolutions Rules and Procedures as applicable. The NAM rules and additional information about NAM are available at www.namadr.com. By agreeing to be bound by these Terms, you either:

(1) acknowledge and agree that you have read and understand the rules of NAM, or

(2) waive your opportunity to read the rules of NAM and any claim that the rules of NAM are unfair or should not apply for any reason.

You and we agree that the party initiating arbitration must submit a signed certification to NAM that they have complied with the pre-arbitration Notice and dispute resolution procedures, before initiating arbitration.

ANY SUCH DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND Crest Market LA AGREE NOT TO BRING ANY CLAIMS AS PART OF A CLASS ACTION. An administrative conference with NAM shall be conducted in each arbitration proceeding, and you and a Crest Market LA representative shall appear at the administrative conference via telephone. If you initiated the arbitration and you fail to appear at the administrative conference, regardless of whether your counsel attends, NAM will administratively close the arbitration proceeding without prejudice, unless you show good cause as to why you were not able to attend the conference. If we initiated the arbitration and a Crest Market LA representative fails to appear at the administrative conference, regardless of whether our counsel attends, NAM will administratively close the arbitration proceeding without prejudice, unless we show good cause as to why the representative was not able to attend the conference. Each party shall be responsible for its own attorney fees and costs incurred in such arbitration, unless the arbitrator awards sanctions or determines that the substance of the claim, defense, or relief sought is frivolous or brought for an improper purpose, in which case the arbitrator may order you or Crest Market LA to pay the other side's attorney fees or costs.

Responsibility for the payment of arbitration fees (including filing, arbitrator, and hearing fees) will be governed by the NAM rules unless you qualify for a fee waiver under applicable law, in which case you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. The arbitration will be conducted in Dallas County, Texas, or in the county where you reside, and you and a Crest Market LA representative will be required to attend. Judgment on the arbitration award may be entered into by any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review.

For purposes of efficient administration, in the event twenty-five (25) or more substantially similar demands for arbitration are filed by or with the assistance or coordination of the same law firm, a group of law firms, or organization ("Mass Filing"), the parties agree that (i) NAM (or another arbitration provider selected by the parties or by the court if NAM is unavailable), shall administer the Mass Filing in batches of 25 per batch (if, after batching, fewer than 25 demands remain, then the final batch will consist of the remaining demands); (ii) a single, different arbitrator shall be designated for each batch (unless the parties agree otherwise) selected in accordance with the applicable NAM rules; (iii) no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 25 is filed, processed, and adjudicated; (iv) any arbitration fees associated with a demand for arbitration included in a Mass Filing shall only be assessed after the demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (v) the staged process of batched proceedings, with each set including 25 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved.

After the first batch of demands in the Mass Filing are resolved, the parties shall promptly engage in a global mediation session of all remaining demands with a retired federal or state court judge and Crest Market LA shall pay the mediator's fee. Crest Market LA and the remaining claimants shall have 90 days (the "Mediation Period") to agree on a resolution or substantive methodology for resolving the outstanding demands. If they are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Crest Market LA or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Crest Market LA nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Opt out of arbitration under this section shall not be construed as opt out of the above Class Action Waiver. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to the demands in the Mass Filing.

You agree to cooperate in good faith with Crest Market LA and the arbitration provider to implement such a batch approach or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. Any disagreement between the parties as to whether the batch arbitration procedure applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. The batch arbitration procedure set forth herein shall in no way be interpreted as authorizing class arbitration of any kind. We reserve our right to raise unique defenses as to each claimant in connection with this process, and you reserve all rights to raise unique claims, facts, and defenses in connection with your claims. While NAM shall batch the claims for organizational purposes, it shall not consolidate them for decision on the merits and shall decide each case on the merits individually. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled. The parties agree that the batching procedure is integral to the arbitration agreement insofar as it applies to a Mass Filing. If the batching procedure is found to be invalid, unenforceable or illegal, then the entire agreement to arbitrate shall be null and void, and neither you nor Crest Market LA shall be entitled to arbitrate and claim that is part of the Mass Filing.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 12 by writing to: Attn: Legal Department, 401 Hillcrest Blvd., Inglewood, CA 90301. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS IN A COURT LOCATED IN DALLAS, TEXAS. YOU AND Crest Market LA AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS (WHETHER IN COURT OR ARBITRATION) ONLY IN AN INDIVIDUAL CAPACITY, AND AGREE NOT TO PARTICIPATE IN ANY CLAIM AGAINST THE OTHER AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.

Notwithstanding the foregoing, Crest Market LA may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).

13. Governing Law and Venue

These Terms, your access to and use of the Services, including your order of Products shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California and the county of Los Angeles.

14. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

15. Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

16. Survival

The following sections will survive the expiration or termination of these Terms and the termination of your Crest Market LA account: (a) all defined terms and Sections 3, 4, 5, 10, 11, 12, 13, 14, 15, and 16 of Part One; (b) Sections 4.9 and 4.11 of Part Two; (c) Sections 11 and 18.9 of Part Three; and (d) Sections 2(c), 3, 5, 6 and 9 through 15 of Part Seven.

17. Miscellaneous

These Terms constitute the entire agreement between you and Crest Market LA relating to your access to and use of the Services and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Crest Market LA. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Crest Market LA’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Terms & Conditions - The Basics

Having said that, Terms and Conditions (“T&C”) are a set of legally binding terms defined by you, as the owner of this website. The T&C set forth the legal boundaries governing the activities of the website visitors, or your customers, while they visit or engage with this website. The T&C are meant to establish the legal relationship between the site visitors and you as the website owner.

T&C should be defined according to the specific needs and nature of each website. For example, a website offering products to customers in e-commerce transactions requires T&C that are different from the T&C of a website only providing information (like a blog, a landing page, and so on).

T&C provide you as the website owner the ability to protect yourself from potential legal exposure, but this may differ from jurisdiction to jurisdiction, so make sure to receive local legal advice if you are trying to protect yourself from legal exposure.

What to Include in the T&C Document

Generally speaking, T&C often address these types of issues: Who is allowed to use the website; the possible payment methods; a declaration that the website owner may change his or her offering in the future; the types of warranties the website owner gives his or her customers; a reference to issues of intellectual property or copyrights, where relevant; the website owner’s right to suspend or cancel a member’s account; and much, much more.

To learn more about this, check out our article “Creating a Terms and Conditions Policy”.