Extracts Pro Terms of Use
Effective Date: September 23, 2024
IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO MEDIATION AND BINDING ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION AND JURY TRIAL WAIVER SECTION BELOW.
1. Introduction
Please review this page carefully. These Terms of Use ("Terms") constitute a legal contract between you and TrailB Technologies LLC dba Extracts Pro. ("Extracts Pro," "we," "us" or "our") and govern your access to and use of the https://extractspro.com/ and https://trailb.tech websites, their subdomains and all subdomains or portals that link to these Terms, as well as any other site operated by us that links to these Terms (collectively, the "Sites"), and all portals, products, goods, services, events, and interactive features, or other services controlled by us that post a link to these Terms (collectively, the "Services"). By using the Sites or Services, you agree to these Terms.
All references to "you" or "your" in these Terms mean the person that registers for, accesses, or uses the Sites, or the Services. If you use or access any of the Services on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual and that entity or individual will also be considered a party to these Terms. Our Sites and our Services are not intended for those under the age of 16 without parental permission. If you access our Services, you represent and warrant that you are at least 16 years of age or that you have parental permission to use our Sites.
From time to time, Extracts Pro may decide to modify, add, or delete portions of these Terms and will post those changes here. If Extracts Pro does so, your continued use of the Sites or the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Sites. In addition, Extracts Pro reserves the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided. Extracts Pro further reserves the right to suspend or terminate the Sites or the Services for any reason or at any time.
2. Privacy Policy
Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. By using the Sites and our Services, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in our Privacy Policy. Our Privacy Policy may provide additional options to opt out of the sharing of this information depending on the jurisdiction in which you reside.
3. Additional Terms and Conditions
In connection with your use of the Sites and Services, you may occasionally be asked to consent to policies or terms and conditions in addition to these Terms. Please read any supplemental policies and terms carefully before making any use of such portions of the Sites or Services. Any supplemental terms will not vary or replace these Terms regarding any use of our Sites or Services unless otherwise expressly stated. To the extent that additional rules and guidelines affect your use of our Services, those rules and guidelines are incorporated by reference into these Terms.
4. Consent to Electronic Communications
By using the Sites and our Services, you agree that we may communicate with you electronically regarding your use of the Sites or Services and that any notices, agreements, disclosures or other communications that Extracts Pro sends to you electronically will satisfy any legal communication requirements including any requirement that the communications be in writing.
5. Third Party Websites
The Sites may contain links to third party websites that take you outside of the Extracts Pro websites and the Services ("Linked Sites"). We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies.
Your correspondence or business dealings with, or participation in promotions of third parties found on or throughout the Sites, including without limitation with respect to the payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Sites and you agree to indemnify us from and against any claims incurred as the result of any such dealings.
6. Prohibited Conduct
You may not access or use, or attempt to access or use, the Sites or the Services to take any action that could harm us or any third party, interfere with the operation of the Sites or the Services, or in a manner that violates any law(s). For example, and without limitation, you may not:
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
Engage in unauthorized spidering, scraping or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Sites or the Services;
Collect or store personal data about other users of the Sites or the Services or solicit personal information from any individual without proper rights or the consent of the individual;
Use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or the Services or any activity conducted on the Sites or the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Sites. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to 's or its users' computers or systems;
Send or cause to be sent any communication (including email) to other users without their consent (e.g., "mailbombs" or "spamming");
Violate, or encourage any conduct that would violate, any applicable law or regulation;
Engage in fraud or misuse of the Services;
Cause damage, embarrassment or adverse publicity to Extracts Pro; or
Engage in any other conduct that restricts or inhibits any person from using or enjoying the Sites or the Services or that, in our sole judgment, exposes us or any of our users, affiliates or any other third party to any liability, damages or detriment of any type.
7. Security
Violating the security of the Sites or the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. We may suspend or terminate our access to the Sites or the Services for any or no reason at any time without notice.
Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Sites or the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
8. Use of Website; Risk of Loss
To access and use the Services, we may require you to first register for an account ("Account"). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. If you create an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Sites at any time and for any or no reason. Extracts Pro will not be liable to you or any third party for any termination of your access to the Sites. If your status as a user of the Sites is terminated, you will (i) stop using the website and any information obtained from the website, and (ii) destroy all copies of your account information, password and any information obtained from the Sites.
Extracts Pro reserves the right to refuse service, terminate accounts, or remove or edit content, in its sole discretion. If you submit a request to us, you agree, represent and warrant that you will provide us with true, current, complete and accurate information in connection with your use of the Sites and the Services. You also represent that you are using your account for a lawful purpose -- you may not use your account or the Sites or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your account or credentials.
You agree not to access the Sites by any means other than through a commercially available web browser. You are not permitted to upload material onto the Sites that you should know or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of the Sites or Extracts Pro systems and equipment. You may not use the Sites or Services in a manner that could block access to, impair, damage or otherwise disable Extracts Pro or any of our servers. You may not attempt to gain unauthorized access to the Sites or to any other user's accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. All materials uploaded are subject to applicable federal, state, and international laws.
9. Intellectual Property
These Sites contain content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights under the intellectual property laws of the United States and other countries ("Content"), and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or otherwise indicated on the Sites, Extracts Pro or its third-party licensors own all Content on this Sites including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, "look and feel" and arrangement of such Content. All trademarks displayed on our Sites are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or links to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with Extracts Pro.
Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provide that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may provide a link to the top page of the Sites unless and until Extracts Pro gives you notice that you must discontinue linking to the Sites. You may not publish, reproduce, distribute, display, perform, modify, transmit, participate in the sale of or transfer or, or create derivative works based on any Content, including the Extracts Pro name and logo, in whole or in part, without our prior written consent. You may not store electronically any significant portion of any Content from the Sites. The use of Content from the Sites on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Extracts Pro's prior written approval.
For permission to use Content from the Sites or from marketing material authored and distributed by Extracts Pro, you must request written permission in advance and provide full attribution. Permission should be requested by contacting us at the Contact Us section below or via webform on our Sites.
10. Submitted Materials
Please note that the transmission of confidential, sensitive, privileged and/or financial information via email is not secure. Any confidential or personal information, including student information, requested by us should be submitted securely, via a file transfer protocol (FTP) or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.
Unless specifically requested, Extracts Pro does not wish to receive any confidential, proprietary, or trade secret information from you via the Sites (including via contact email or forms made available on the Sites). You remain fully responsible for the materials or submissions that you provide to use, including, without limitation, any information, requests, creative works, pictures, photographs, idea submissions, suggestions, business plans, concepts, methods, systems, designs, plans, techniques, or demos in any media including photographs, graphics, audiovisual media or other material submitted, posted, uploaded, sent or otherwise transmitted to us through this Sites or via our social media ("Submitted Material"). Accordingly, if you send us any Submitted Material, you grant Extracts Pro a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send Extracts Pro any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send Extracts Pro any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Extracts Pro to use Submitted Material as permitted by the license in this Section.
We may pull content from our users who share photos and videos on social media via direct message or by using our hashtags or tagging our social media accounts (collectively, "Photos"). You acknowledge and agree that the Photos may be used in our social media, emails/SMS and on the Sites, including for commercial purposes, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Sites or via mentions in social media or third-party websites, you also grant us the right to use the name, username, or profile that you submit with any review, comment, or other content, in connection with such review, comment or other content. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.
You agree not to provide Submitted Material that:
Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
Violates a third party's right to privacy or publicity;
Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification;
Contains epithets or other language or material intended to intimidate or incite violence;
Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
Violates any applicable local, state, national or international law, or advocates illegal activity.
Since Extracts Pro does not control the Submitted Material, we do not guarantee the truthfulness, integrity, suitability, or quality of the Submitted Material, and we do not endorse such Submitted Material. We are not obligated to use your Submitted Material and may delete, modify, reuse, move or remove any Submitted Material at any time. We do not guarantee any confidentiality with respect to any Submitted Material. Under no circumstances will we be liable in any way for Submitted Material made available through the Sites or social media by you or any third party.
11. Indemnification
You agree to defend, indemnify, and hold harmless Extracts Pro, its affiliates, related entities, divisions, subsidiaries, or parent companies, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Sites or Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable), use of the Sites, or any other use of the Sites or the Services using your computer, mobile device, or account credentials.
12. Disclaimers
YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE SITE, ALL OF WHICH ARE PROVIDED "AS IS." WITHOUT LIMITED THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITENESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR ANY RIGHT OF PRIVACY; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE OR THE SERVICES; (4) WARRANTIES RELATING TO THE COMPLETENESS, ACCURACY, RELIABILITY, CORRECTNESS OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE OR OTHERWISE BY US; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY; AND (6) WARRANTIES OF TITLE. FURTHER, EXTRACTS PRO DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT (1) THE SITE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; (2) THE SITE OR ANY EMAIL WE SEND YOU, OR THE SERVER THAT MAKES THE SITE OR EMAILS AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR DEVICE OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Limitation of Liabilities
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL EXTRACTS PRO (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING BUT NOT IMITED TO CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OR INABILITY TO USE THE SITE OR SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF EXTRACTS PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EXTRACTS PRO'S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE TOTAL FEES PAID TO EXTRACTS PRO IN THE PRIOR TWELVE (12) MONTHS. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, EXTRACTS PRO'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXTRACTS PRO DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISIFIED WITH THE SITE, YOUR SOLE REMEDY IS TO STOP USING THE SITE.
14. Release
If you have a dispute with us or one or more users of the Sites or the Services, you release Extracts Pro (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) 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.
You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: A GENERAL RELEASE DOES NOT EXTENT TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
15. Termination
Extracts Pro reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Sites or the Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms by discontinuing your use of the Services and access to the Sites. Extracts Pro also reserves the right, in its sole discretion, to cease providing the Sites or Services at any time.
16. Severability
If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect.
17. Applicable Law; Jurisdiction
These Terms will be governed by the laws of the United States and the State of California, as applicable, without resort to any conflict of laws provisions. By using the Sites, you waive any claims that may arise under the laws of other countries or territories.
18. Dispute Resolution; Class Action and Jury Trial Waiver
With respect to any and all disputes arising out of or in connection with the Sites, Services, or these Terms (including, without limitation, the Privacy Policy), Extracts Pro and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and Extracts Pro do not resolve any dispute by informal negotiation within 60 days, then either of the parties may, by notice to the other, demand mediation under the supervision of JAMS ("JAMS") in Los Angeles, California. If settlement is not reached within 90 days after service of a written demand for mediation (which time can be extended with the agreement of both parties in writing), any unresolved controversy or claim will be resolved by initiating binding arbitration in accordance with the rules of JAMS before a single arbitrator in Los Angeles, California. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be assessed in a different way, and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, conducted expeditiously, and remote appearance may be used, if available. Both you and Extracts Pro understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator's award.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor Extracts Pro will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding, regardless of any statute or law to the contrary. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.
You agree that Extracts Pro is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, and you and Extracts Pro understand that the Parties are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in Santa Barbara County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
19. General
You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Extracts Pro may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms. Nothing in this Agreement constitutes a partnership or joint venture between you and Extracts Pro. Extracts Pro does not guarantee continuous, uninterrupted or secure access to this Sites or the Services, and operation of the Sites may be interfered with by numerous factors outside of its control. 's 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. These Terms set forth the entire understanding and agreement between you and Extracts Pro with respect to the subject matter hereof. Sections 6 (Prohibited Conduct); 7 (Security); 8 (Use of Website; Risk of Loss); 9 (Intellectual Property); 10 (Submitted Materials); 13 (Indemnification); 13 (Disclaimers); 14 (Limitation of Liabilities); 15 (Release); 17 (Severability); 18 (Applicable Law; Jurisdiction); 19 (Dispute Resolution; Class Action and Jury Trial Waiver); and 20 (General) survive any termination or expiration of this Agreement. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive.
20. ADA Compliance Notice
We are committed to making the website's content accessible for all. If you are having difficulty accessing, viewing, and/or navigating the content on the website, or if you notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact us using the information in the Contact Us section below with "Website Access" in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all our customers and our overall accessibility policies.
21. Contact Us
If you have questions about these Terms or the Services, you may contact us as follows:
TrailB Technologies LLC dba Extracts Pro
Email: privacy@extractspro.com
Webform: https://extractspro.com/contact