Terms and Conditions

Section A: Terms Of Site Use

Last Updated: April 27th, 2022​
 

1. Introduction

These are the terms of use ("Terms of Use") for your use of services or features on the sites owned and controlled by GARCOA, Inc. ("GARCOA") (the "Sites"). We may add additional Sites from time to time as we expand our offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer, tablet or other mobile device and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.

If you register for a GARCOA account, you will have several pages associated with your GARCOA account which are not visible to anyone but you.

GARCOA has an online social community (“Community”). Community may allow you to post your user generated content, participate in conversations on the Community Home, join GARCOA Groups, provide Ratings & Reviews, ask and answer in Questions & Answers, receive product recommendations, and/or post photos in the GARCOA Gallery. These Terms of Use govern your participation in the Community.

If you have not previously registered for a GARCOA account you can only create a public Profile page if you affirmatively choose to be a part of the Community. 

BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

We also like to interact with you on third party sites where we post content or invite your feedback, such as Facebook, Instagram, YouTube, or other generally recognized social media applications ("Third Party Sites"). Our Terms of Use and other areas of our Sites may provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with the Community, including services that involve Third Party Sites, but GARCOA does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that GARCOA does not own or control, or to the actions of people that GARCOA does not employ or manage. You should always check the terms of use posted on Third Party Sites.

 

GARCOA reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If GARCOA decides to change these Terms of Use, GARCOA will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites and your participation in the Community.

2. Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) 1999-2021 GARCOA, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of GARCOA and protected by U.S. and international copyright laws. All software used on the Sites is the property of GARCOA or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with GARCOA, engaging with the Community or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of GARCOA is strictly prohibited.

3. Trademarks

The Sites, all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of GARCOA and may not be used in connection with any product or service that is not offered by GARCOA in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

4. Product Information

The products displayed on the Sites can be ordered and delivered only within the U.S., certain U.S. territories and certain select countries. All prices displayed on the Sites are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by GARCOA.

All material and information presented by GARCOA is intended to be used for personal, educational or informational purposes only. The statements made about products by GARCOA have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through GARCOA are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from GARCOA it should be only after the legal or parental guardian has discussed the product with the minor's doctor.

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. GARCOA does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. GARCOA does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

The products available on the Sites and the Community, including any samples GARCOA may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from GARCOA. GARCOA reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by GARCOA in its sole discretion.

Except where prohibited by law, GARCOA may limit the number of products available for purchase. 

5. Color Information

While GARCOA has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

6. Responsibility for your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through the Community or otherwise, including the submission of product Ratings & Reviews, Questions & Answers, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). 

7. Your Use of Content on the Sites and Limitation of Liability

GARCOA provides the Sites and the Community and all other applications and services on the Sites as a forum only. GARCOA is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Community. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Community, is not controlled by GARCOA. GARCOA cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Community, you may be exposed to Content that may be offensive, indecent or objectionable and GARCOA shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will GARCOA be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Community. 

You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. GARCOA reserves all rights not expressly granted in and to the Content. When using the Community, you may not disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.

8. Your Content Submissions

By submitting Content to GARCOA and/or participating in the Community, you represent and warrant that:

♦ You understand you are participating in a public forum and that your Content and other personal information will be available to all other users of the Sites, the Community and potentially Third Party Sites;

♦ You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to GARCOA to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);

♦ You understand that your Content may be utilized and distributed by GARCOA in its marketing materials, including but not limited to, the Sites, GARCOA emails, and/or social channels;

♦ You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for providing content for posting content on GARCOA's sites or channels (including but not limited to product reviews, Q&A, photographs, and social channels), then this must be disclosed in such post. All disclosures must be made clearly and conspicuously;

♦ All "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;

♦ All Content that you post is accurate;

♦ You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Sites and their agreement to these Terms of Use;

♦ And that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit:

♦ Is not false, inaccurate or misleading;

♦ Does not harm minors;

♦ Does not elicit or provide medical advice;

♦ Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;

♦ Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

♦ Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

♦ Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;

♦ Is relevant to the product being rated and reviewed or about which a question or answer is submitted;

♦ Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;

♦ Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;

♦ Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

♦ Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and

♦ Does not impersonate any person or entity, including, without limitation, any GARCOA official, forum leader, guide or host, celebrity, or falsely states or otherwise misrepresents your affiliation with a person or entity. You may not use the Sites or Community to collect or store personal information about other users.

GARCOA does not endorse any Content or any opinion, recommendation or advice expressed therein, and GARCOA disclaims all liability with respect to the Content posted by third parties.

If your Content includes ideas, suggestions, documents or proposals to GARCOA through the Sites and/or the Community, (a) such Content is not confidential or proprietary and GARCOA has no obligation of confidentiality, express or implied, with respect thereto; (b) GARCOA may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from GARCOA under any circumstances unless you are otherwise notified by GARCOA in writing.

For any Content that you submit, you grant GARCOA a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This includes, but is not limited to, sharing your Content, including your Ratings & Reviews or Questions & Answers, with third-party brands whose product we sell. This license will survive the termination of these Terms of Use and your use of the Site.

8a. Instagram Content

By agreeing to allow GARCOA to use the photograph, video, or related content that you originally posted on Instagram (your "IG Content"), the terms below apply:

  1. GARCOA will have the worldwide and perpetual right, but not the obligation:

♦ To reproduce, exhibit and otherwise use your IG Content within any of GARCOA's Sites, 

♦To enable GARCOA to refer to or otherwise use your IG Content by appending to your IG Content images of products (including those that you tag in your IG Content) and links to the ecommerce portions of GARCOA's sites, and

♦To make reasonable edits to the IG Content in connection with the foregoing.

  1. You represent and warrant that:

  2. No person other than you appears or is mentioned in the IG Content;

  3. You took or caused to have taken the photograph and/or video, and/or have all the rights to the IG Content;

  4. You actually used any products tagged, shown or mentioned in the IG content in conformity with the product instructions;

  5. If your IG Content contains a "look" based on use of various products, that "look" is a fair representation of the actual performance and appearance of the products tagged, shown or mentioned in the IG Content, and you did not use any tools, special effects, or any other method to materially enhance or alter the performance or appearance of such products;

♦ Any statements or testimonials that are included in your IG Content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences;
♦ Unless otherwise posted as instructed above, you have not received any compensation, incentive, or other benefit from GARCOA or any third party in exchange for posting the IG Content, using any product, or mentioning or tagging any products or brand, in your IG Content; and
♦ You have the right to grant GARCOA the right to use your IG Content as set forth in these terms and such use by GARCOA will not violate the rights of any third party.

9. GARCOA Community

The Community is defined as any portion of any of the GARCOA Sites, and the GARCOA profiles represented in any and all social media applications. Community membership is not a prerequisite in order to engage with certain GARCOA platforms, including Groups, Community Home, the Gallery, Ratings & Reviews, and Questions & Answers. You must be age 13 years or older and a legal resident of the United States or Canada to post or otherwise engage in the Community. Eligible minors must obtain their parent's or legal guardian's consent prior to participation.

Your Conversations, Text Posts and Photos (Content)

Any Content submitted by you to the Community (including those you have previously uploaded) may appear at any time to any of the Sites without notification. 

Recent Reviews

Any product ratings and reviews submitted by you (including those you have previously submitted as part of Ratings & Reviews) may or may not be used on any of the Sites or the Community, with or without notification. 

GARCOA may add new features to the Sites or the Community from time to time.

Unless noted otherwise in these Terms of Use, all information posted in association with your Community participation may be made visible to everyone else at the sole discretion of GARCOA.

Please email Customer Service at info@garcoa.com if you have questions about your GARCOA account or your Community participation, including how to remove some or all of your Community activity. Please note that any or all information to be deleted may take up to five business days to be removed.

10. Third Party Content and Third Party Sites

GARCOA may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. GARCOA does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between GARCOA and such third party. GARCOA does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. GARCOA is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to GARCOA through the Community, do not necessarily reflect the views of GARCOA..

11. Mobile Services

If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply. To find out more about how we use information regarding your mobile device, including your phone number, review our Privacy Policy.

12. Modification of Content

All Content that you submit is not confidential and may be used at GARCOA's sole discretion. GARCOA may or may not pre-screen Content. However, GARCOA and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, GARCOA and its designees will have the right to remove any Content that GARCOA deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use. GARCOA does not guarantee that you will have any recourse through GARCOA to edit or delete any Content you have submitted. GARCOA reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings and Reviews, Questions & Answers, and Gallery photos are generally posted within two to four business days. However, GARCOA reserves the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. You acknowledge that you, not GARCOA, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of GARCOA, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

13. Reservation of Rights

GARCOA reserves the right, at any time, without notice and in its sole discretion, to terminate your use of the Community and the Sites and to block or prevent your future access to and use of the Community and the Sites. GARCOA may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of GARCOA (and its employees), its users and the public.

14. Disclaimer of Warranties

GARCOA IS PROVIDING THE SITES, THEIR CONTENTS AND THE COMMUNITY ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR THE COMMUNITY, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE COMMUNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, GARCOA DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, GARCOA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE COMMUNITY IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

15. Disclaimer of Liabilities

GARCOA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE COMMUNITY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. 

16. Indemnification

You agree to defend, indemnify and hold harmless GARCOA (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Sites and the Community; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Sites and the Community.

17. DMCA

If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide GARCOA's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

♦ An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
♦ A description of the copyrighted work that you claim has been infringed upon;
♦ A description of where the material that you claim is infringing is located on the Sites;
♦ A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Your name, address, telephone number and email address (if available); and
♦ A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

GARCOA's DMCA designated copyright agent for notice of claims of copyright infringement on the Sites is our General Counsel, who can be reached as follows:

GARCOA, Inc.

Legal Department

26135 Mureau Road

Calabasas, CA 91302

E-mail: info@garcoa.com

1-866-567-8600

 

Section B: Terms Of Purchasing

1. Auto-Ship Program

Selecting Auto-ship means you wish to receive recurring delivery of a product (Auto-ship). You'll automatically receive the products at a quantity and frequency of your choice (once every 30, 60, or 90 days). These automatic deliveries will be billed to your credit card on the day of each scheduled shipment. You may cancel membership in these programs at any time simply by calling the respective toll free number on this site, or by emailing us at info@garcoa.com.

2. Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates GARCOA's published policies. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

3. Privacy

By submitting your email address in connection with your account, you agree that GARCOA and its third-party service providers may use your email address to contact you about your GARCOA account or Content you have submitted to the Sites, including the Community, or for other administrative purposes and for any other purpose permitted or required by law. GARCOA's Privacy Policy provides further detail on the manner in which GARCOA may collect and use personally identifiable information about you, including any information you supply in connection with your use of these Sites and participation in the Community.

4. Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and GARCOA's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

5. English Language

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. 

6. Dispute Resolution

If a dispute should arise between you and GARCOA, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 1-866-567-8600 or by sending an email to info@garcoa.com.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND GARCOA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

7. Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and GARCOA agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate GARCOA's intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances GARCOA may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or GARCOA must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.

(3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and GARCOA will pay all other administrative costs and fees. In addition, for claims of less than $1,000, GARCOA will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and GARCOA, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and GARCOA.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration.

Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.

In the event any litigation should arise between you and GARCOA in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND GARCOA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing GARCOA at info@garcoa.com and providing the requested information as follows: (1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.

 8. Choice of Law/Forum Selection

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles County, California.

9. Severability
The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by GARCOA, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.