Terms of use

Terms of Use and Policies

Thank you for visiting our site which is owned and operated by Pineapple Express (collectively, “We”, “Us”, or “Our”). Please read these terms of use (“Terms of Use”) carefully before using the services of this site (the “Site”). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS OF USE FOR YOUR USE OF THIS SITE (THE “SITE”) AND THE RELATED SERVICES, FEATURES, CONTENT, APPS, WIDGETS OFFERED OR ANY PURCHASES YOU MAKE VIA THE SITE.

These Terms of Use apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms of Use posted on the Site at the time of use. If you do not agree with the Terms of Use, then you do not have the right to access, view, download or otherwise use the Site or purchase any products and, accordingly, you should not do so.

Pineapple Express reserves the right to update or modify these Terms and Conditions at any time without prior notice. Those changes will go into effect on the Last Updated Date shown in the revised Terms and Conditions. By continuing to use the Web Site or our mobile applications, you are agreeing to the revised Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site or mobile applications.

SERVICE

Pineapple Express is a leading manufacturer and distributor of lighting fixtures for residential, commercial and industrial applications. Users may use the Site to learn about and purchase our products (the “Service”).

PRIVACY

Pineapple Express has created a privacy policy in order to demonstrate its commitment to user, visitor, subscriber and customer privacy with regard to the Pineapple Express web site located at PineappleExpress.com (the “Website). PineappleExpress.com is collectively known as the Website. Privacy on the Websites is of great importance to us. Because we gather important information from our users, visitors and customers), we have established this Privacy Policy as a means to communicate our information gathering and dissemination practices. By accessing the Websites, you acknowledge and agree to this Privacy Policy and also agree to the Terms of Use of the Websites.

GENERAL TERMS OF USE

Unless otherwise noted, the products and services on the Site are intended for use by the purchaser only and not intended for resale. You agree to use the Site only for lawful purposes and in compliance with all international, federal, state and local laws. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site. You may not use this Site to harass any of the other users on the Site.

ELIGIBILITY

You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) account at any given time for the Site; (d) you will only provide us with true, accurate, current and complete information if you register for an account and/or orders that you make via the Site (the “Orders”). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof) and (e) that you have full power and authority to enter into the Terms of Use and in doing so will not violate any other agreement to which you are a party.

YOUR ACCOUNT

When you set up an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information (including violations of this Terms of Use) and all Orders and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You may not use anyone else’s Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity.

FEEDBACK

Users may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information (“Feedback”), so long as the Feedback is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such Feedback for these or any other reasons, but does not regularly review posted Feedback. If you do post or submit Feedback, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback throughout the world in any media, for no compensation, acknowledgement, or payment to you for any purpose whatsoever. You grant us and our sub-licensees the right to use the name that you submit in connection with such Feedback, if we choose. You represent and warrant that you own or otherwise control all of the rights to the Feedback that you post; that the Feedback is accurate; that use of the Feedback you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from Feedback you supply. We have the right but not the obligation to monitor and edit or remove any activity or Feedback. We take no responsibility and assumes no liability for any Feedback posted by you or any third party

USER CONDUCT

You agree not to access or use the Site for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Site. By way of example, and not as a limitation, you agree not to (and shall not permit any third party to) use the Site to: (a) harm any person in any way; (b) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, worms, logic bombs or programs designed or intended to interrupt, disable, damage, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity; (c) obtain unauthorized access to any system, data, password or other information; (d) interfere with or disrupt the Site or servers or networks linked to the Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Site; (e) intentionally or unintentionally violate any applicable local, state, national, or international law, and any rules, regulations, orders, directives and the like having the force of law; (f) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (g) for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; (h) solicit others to join or become members of any other commercial online service or other online or offline group or organization; (i) impersonate any other person or entity, including by providing any false personal information to us (including a false user name) or creating any account for anyone other than yourself; (j) submit any person’s identification documents or sensitive financial information; or (k) breach the Privacy Policy. Violation of any of the foregoing may result in immediate termination of your license to access or use the Site, and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Site in order to (1) determine whether a violation of the Terms of Use has occurred or (2) comply with any applicable law, regulation, legal process or governmental request.

TRANSMITTING MATERIALS

You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree that you will not harvest, collect or store information about the users of the Site or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures we may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or (vi) harvest or scrape any content from the Site.

PRODUCT AVAILABILITY

The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing.

ORDERS, PROHIBITION ON RESELLING

While it is our practice to confirm orders by email or text, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

You may not purchase any item from this site for resale by you or any other person. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. We have the right to refuse or cancel orders placed, including but not limited to orders where product(s) is listed at an incorrect price regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

INTELLECTUAL PROPERTY RIGHTS

The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, (collectively “Covered Material”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Covered Material is owned or controlled by Pineapple Express or by other parties that have provided rights thereto to Pineapple Express

Except as otherwise provided in these Terms of Use or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Covered Material or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.

INTERNATIONAL USERS

The Service is controlled, operated and administered by Pineapple Express from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

CLAIMS REGARDING COPYRIGHT INFRINGEMENT

If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address;
  • 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; and
  • A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement is: DMCA Agent c/o Pineapple Express, [email protected]; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

After receiving a claim of infringement, we will process and investigate the claim and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.

THIRD PARTY WEBSITES AND LINKS

You may be able to link to third party websites, services or resources on the Internet from the Site, and third-party websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.

THIRD PARTY MERCHANTS

The Site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions.

ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS

We may display advertisements for the goods and services of a third party on the Site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.

TERMINATION

We may terminate or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms of Use.

GOVERNING LAW; GENERAL INFORMATION

We control and operate the Site from our offices in the State of California, United States of America. While we invite visitors from all parts of the world to visit the Site, visitors acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of the United States of America and the laws of the State of California. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

You agree that the laws of the State of California, excluding its conflict of laws rules, and these Terms of Use, our Privacy Policy and any other policies posted from time to time on the Site applicable to your use of the Site shall govern your use of the Site. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or relating in any way to your use of the Site resides in the courts of the County of Los Angeles, State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Los Angeles, State of California, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use are the entire agreement between you and us with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these Terms of Use is found to be illegal or unenforceable, the remainder of the Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect.

NOTICES

Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Please feel free to contact us via one of the methods described on our Contact Us page, or send a letter to Pineapple Express, [email protected] You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.

These Terms of Use were last updated March, 2019

TEXT MESSAGING TERMS & CONDITIONS

Effective Date: January 1, 2022


Pineapple Ventures, Inc. (“PVI”) offers recurring and occasional one-time or limited-duration text message programs. When you agree to participate in our text message programs, you agree to receive text messages (e.g., SMS, MMS, and RCS) from PVI, including offers, rewards, deals, updates, alerts, reminders, and other marketing texts. When you opt-in to receive messages from PVI, you are expressly giving consent to PVI to contact you at the mobile telephone number you provided when signing up or any other number that you designate. You also agree to our Terms of Use, which contain arbitration provisions, among other provisions, and our Privacy Policy.


Messages may be sent using an automatic telephone dialing system or pre-recorded voice. Your consent to receive such text messages is not a condition of any purchase. Message & Data rates apply. To opt-in to participate in the PVI text messaging program(s), you will need to follow the instructions provided by PVI for that text message program, which may include texting a message to a short code or phone number, filling out a form, or otherwise signing up and providing your consent. You may need to confirm your consent, such as by replying S (or other designated response) to an initial text message sent to you.


PVI reserves the right to change the short code or phone number from which messages are sent, and you consent to receive messages from the new short code or number upon notice from us of the new short code/number.


Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. PVI, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control, and PVI is not responsible or liable for issues arising from them. If your mobile carrier is not participating, you will not receive a reply to your messages. Some operators may not support some services (e.g. pre-paid users may not be able to participate). Check with your carrier to confirm.


To receive PVI text messages, you must be listed as an authorized user on the mobile account, a resident of the United States, and 18 years of age or older.


How To Stop Receiving Text Messages

To stop receiving text messages from a specific PVI text message program, text the keyword STOP to the short code or phone number for the text message program from which you no longer wish to receive messages (i.e. the number from which its text messages are being sent). You agree to receive one final message confirming that your request has been processed. If you unsubscribe from one of our text message programs, you may continue to receive text messages from PVI through any other programs you have joined until you separately unsubscribe from those programs.


PVI may suspend or terminate your receipt of PVI text messages if PVI believes you are in breach of these Text Terms or the PVI Terms of Use. Your receipt of PVI text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. PVI reserves the right to modify or discontinue, temporarily or permanently, all or any part of PVI text messages, with or without notice.


Help / Customer Care

Text the keyword HELP to the short code or phone number from which you received our text message(s) to return customer care contact information.


This message program is a service of Pineapple Ventures, Inc., located at

10351 Santa Monica Blvd #420, Los Angeles, CA 90025


Duty to Notify and Indemnify

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the PVI’s text messaging program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will opt-out of receiving text messages from PVI by texting STOP to the short code or phone number for the text message program from which you no longer wish to receive messages (i.e., the number from which its text messages are being sent) prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Text Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying PVI of such change, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by PVI, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of PVI text messaging programs.


You agree that you shall indemnify, defend, and hold PVI harmless from any claim or liability resulting from your failure to notify us of a change in the information you have provided, including any claim or liability under the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder, resulting from us attempting to contact you at the mobile telephone number you provided.


TERMS OF USE

The Effective Date of these Terms of Use is January 1, 2022


IMPORTANT! PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION BELOW THAT REQUIRES MOST DISPUTES TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. 


These Terms apply to the PVI web sites, applications, interactive features, downloads, widgets, and other online services offered by PVI that post or include a link to these Terms (collectively, “PVI Platforms”), whether accessed via computer, mobile device or otherwise.  The PVI Platforms are owned or controlled by Pineapple Ventures, Inc (“PVI,” “we” or “us”).  You agree to these Terms by accessing or using any of the PVI Platforms. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE A PVI PLATFORM.


In some instances, both these Terms and a separate document that provides additional conditions may apply to a service or product offered via the PVI Platforms (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review our Privacy Policy.


TABLE OF CONTENTS

Modifications

Ownership of Materials

Your License to Use Materials

Feedback & Suggestions

Membership & Registration

Applications

Third Party Links and Content

Linking Policy

Mobile

Special Terms for Apple iOS Devices

Your Warranties

Our Disclaimer of Warranties

Limitation of Liability; Waiver

Indemnification

Term and Termination

Location and Territorial Restrictions

Dispute Resolution; Arbitration

Governing Law and Venue

Miscellaneous

Contact Information

MODIFICATIONS


PVI reserves the right to modify or add to these Terms at any time (“Updated Terms”). You agree that we may notify you of the Updated Terms by making them available via the PVI Platforms, and that your use of the PVI Platforms after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the PVI Platforms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the PVI Platforms from that point forward. 


OWNERSHIP OF MATERIALS

Unless otherwise explicitly specified, all materials that are included in, made available through or are otherwise a part of the PVI Platforms (and all past, present and future versions), including, without limitation: graphics; layout; text; instructions, widgets; images; audio-videos; designs; advertising copy; logos; domain names; trade names; and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the PVI Platforms; the compilation, assembly and arrangement of the materials of the PVI Platforms; and all other materials related to the PVI Platforms (collectively, the “Materials”) are owned, controlled or licensed by PVI, its subsidiaries, affiliates or suppliers and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.


The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of PVI, unless and except as is expressly provided in these Terms.  Any unauthorized use of the Materials is prohibited.


YOUR LICENSE TO USE MATERIALS

Subject to your strict compliance with these Terms, and only with respect to Materials available on or through the PVI Platforms, PVI grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view and/or play the Materials on a computer or other device that you own or control for your personal, non-commercial use only.  You agree that: (a) you will keep intact all copyright and other proprietary notices contained in the Materials or any copy you may make of the Materials; (b) you will not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you will make no modifications to the Materials; (d) you will not allow or aid or abet any third party to (whether or not for your benefit): (i) copy or adapt the object code of any PVI Platforms’ software, HTML, JavaScript or other code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the PVI Platforms creates to generate its web pages or any software or other products or processes accessible through the PVI Platforms; and (e) you will not insert any code or product to manipulate the Materials in any way that affects any user’s experience.


You also agree that you will not (or aid or abet any third party to): (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage); (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by PVI; or (c) provide access to any PVI Platforms or Materials via any medium without the prior written consent of an authorized representative of PVI.


FEEDBACK & SUGGESTIONS

It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, PVI does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted and you agree that any such ideas transmitted to PVI are perpetually licensed to PVI on a worldwide basis.


MEMBERSHIP & REGISTRATION

Certain areas of the PVI Platforms may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or participate in certain features of the PVI Platforms. When you provide information to the PVI Platforms, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.


If you register with us, you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer and devices so that others may not access the password protected portion of the PVI Platforms using your account in whole or in part. PVI reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.


APPLICATIONS

The PVI Platforms may offer features that enable interactions between the PVI Platforms and a third-party website or service or contain integration with third-party platforms (each, a “Social Application”), such as enabling you to “share” or “tweet” content from the PVI Platforms on other online services. By using such features, you acknowledge and agree to the following: (i) if you use a feature to share information relating to your activity on the PVI Platforms, you are consenting to your information and content being shared; (ii) your use of a Social Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if PVI has not provided such information; and (iii) your use of a Social Application is at your own option and risk, and you will hold the PVI Parties harmless for the sharing of information relating to your activity on the PVI Platforms. You must read all login and other pop-up boxes closely for notices about sharing your content and information with, through or by any other means identified in a Social Application.


THIRD PARTY LINKS AND CONTENT

There may be links from the PVI Platforms, or communications you receive from the PVI Platforms, to third party sites or properties or our PVI Platforms may include third party content that we do not control, maintain or endorse. Accessing those third party sites requires you to leave the PVI Platforms. In addition, to access certain PVI Platforms, you may be required to use the sites and properties of a third party. We do not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or properties, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH A PVI PLATFORM INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. PVI ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.


LINKING POLICY

PVI grants you the revocable permission to link to PVI Platforms; provided, however, that your web site, or any third party web sites that link to PVI Platforms: (a) must not frame or create a browser or border environment around any of the content on PVI Platforms or otherwise mirror any part of the PVI Platforms; (b) must not imply that PVI is endorsing or sponsoring it or its products, unless PVI has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in PVI sole opinion, harm PVI or its products or services; (d) must not use any PVI trademarks without prior written permission from PVI; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in PVI’ sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to PVI Platforms, you agree that you do and will continue to comply with the above linking requirements.


Notwithstanding anything to the contrary contained in these Terms, PVI reserves the right to prohibit linking to PVI Platforms for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.


MOBILE

The PVI Platforms may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to receive messages from the PVI Platforms (including, without limitation, push messages), download applications to your mobile phone or access PVI Platform features (collectively, the “Mobile Features”). We may charge for Mobile Features.  Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. To opt-out of receiving text messages associated with a Mobile Feature text “STOP” to the applicable shortcode for the Mobile Feature.


If you have registered for Mobile Features that utilize your mobile number, you agree to notify PVI of any changes to your mobile number and update your account(s) on the PVI Platforms to reflect this change.


SPECIAL TERMS FOR APPLE iOS DEVICES

Notwithstanding any other provision within these Terms, the following subparagraphs are applicable to those using a PVI application acquired from the Apple App Store to access the PVI Platforms on an Apple iOS device (“PVI iOS App”).


Acknowledgement. You acknowledge that this agreement is concluded between you and us only, and not with Apple. PVI, not Apple, is solely responsible for the PVI iOS App and the content thereof. You further acknowledge that PVI may not be used in any manner inconsistent with the App Store Terms of Service as of the Effective Date. 


Scope of License. You are granted a license to use the PVI iOS App on any iOS device that you own or control and as permitted by the “Usage Rules” set forth in the App Store Terms of Service.

Maintenance and Support. We are solely responsible for providing maintenance and support for the PVI iOS App, as specified in these Terms or as required under applicable law. You and PVI acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the PVI iOS App.


Warranty. We are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of a PVI iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such PVI iOS App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the PVI iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us.


Product Claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to a PVI iOS App or your possession and/or use of the PVI iOS App, including, but not limited to: (i) product-liability claims; (ii) any claim that the PVI iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability is limited so far as permitted by applicable law.


Intellectual Property Rights. In the event of any third-party claim that a PVI iOS App or your possession and use of such PVI iOS App infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.


Third-Party Beneficiary. You and we acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.


YOUR WARRANTIES

You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Term and (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.


You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the PVI Platforms and you will be responsible for all charges related thereto.


OUR DISCLAIMER OF WARRANTIES

THE PVI PLATFORMS, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PVI AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE “PVI PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PVI PLATFORMS; (B) THE MATERIALS ON OR PROVIDED THROUGH THE PVI PLATFORMS; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE PVI PLATFORMS; (D) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE PVI PLATFORMS; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM PVI OR VIA THE PVI PLATFORMS. IN ADDITION, THE PVI PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.


THE PVI PARTIES DO NOT REPRESENT OR WARRANT THAT THE PVI PLATFORMS OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PVI PLATFORMS OR THE SERVERS THAT MAKE SOME OF THE PVI PLATFORMS AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PVI PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PVI PLATFORMS IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE PVI PLATFORMS, THAT YOUR USE IS AT YOUR SOLE RISK. THE PVI PARTIES DO NOT WARRANT THAT YOUR USE OF THE PVI PLATFORMS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PVI PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.


BY ACCESSING OR USING A PVI PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT PVI PLATFORM.


LIMITATION OF LIABILITY; WAIVER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE PVI PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) A PVI PLATFORM; (B) THE MATERIALS; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF A PVI PLATFORM OR MATERIALS; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PVI PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF A PVI PLATFORM OR MATERIALS; (E) ANY ERRORS OR OMISSIONS IN A PVI PLATFORM’S TECHNICAL OPERATION; OR (F) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PVI PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF A PVI PLATFORM). IN NO EVENT WILL THE PVI PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE PVI PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE PVI PLATFORMS, OR FOR THE PVI PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.


YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PVI ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE PVI PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE PVI PARTIES.


BY ACCESSING A PVI PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”


INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the PVI Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your use of the PVI Platforms or activities in connection with the PVI Platforms; (b) your breach (actual or alleged) or anticipatory breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) information or material transmitted through your computer or mobile or other device that infringes, violates or misappropriates any copyright, trade identity, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (e) any misrepresentation made by you; or (f) the PVI Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and PVI. You will cooperate as fully required by the PVI Parties in the defense of any claim. The PVI Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the PVI Parties.


TERM AND TERMINATION

PVI reserves the right to terminate your access to and use of the PVI Platforms or any of its features in its sole discretion, without notice and liability, including, without limitation, if PVI believes your conduct fails to conform to these Terms or any Additional Terms. PVI also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.


PVI also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information, or content available on the PVI Platforms, without limitation, in whole or in part, including the cessation of all activities associated with the PVI Platforms, with or without notice. You agree that PVI will not be liable to you or to any third party for any modification, suspension or discontinuance of the PVI Platforms or any part thereof. PVI also reserves the right to charge for use of the PVI Platforms, in whole or in part, and to change its fees from time to time in its discretion.


LOCATION AND TERRITORIAL RESTRICTIONS

Unless otherwise specified, the PVI Platforms and its Materials are made available for use in select states within the United States.


The information provided on the PVI Platforms is not intended for distribution to or use by any person or entity in any state, jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject PVI to any registration requirement within such jurisdiction or country. PVI controls and operates the PVI Platforms from offices located in the United States and makes no representations or warranties that the information, products or services contained on the PVI Platforms are appropriate for use or access in the specific states where it makes its services available. Anyone using or accessing the PVI Platforms from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the PVI Platforms and/or the provision of any content, program, product, service, or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.


Software related to or made available by the PVI Platforms may be subject to United States export controls. Thus, no software from the PVI Platforms may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the PVI Platforms, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.


You agree to comply with all rules, laws and regulations that are applicable to your use of the PVI Platforms, including, without limitation, those governing your transmission or use of any software or data.


DISPUTE RESOLUTION; ARBITRATION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH PVI AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PVI.


(a) Binding Arbitration. Except for 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 copyrights, trademarks, trade names, logos, trade secrets or patents, you and PVI agree: (a) to waive your and PVI’s right to have any and all disputes arising from or connected to these Terms or the PVI Platforms (collectively, “Disputes”) resolved in a court; and (b) to waive your and PVI’s right to a jury trial. Instead, you and PVI agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).


(b) No Class Arbitrations, Class Actions or Representative Actions. YOU AND PVI AGREE THAT DISPUTES ARE PERSONAL TO YOU AND PVI, AND THAT DISPUTES WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. YOU AND PVI AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.


(c) Federal Arbitration Act. You and PVI agree that these Terms affect interstate commerce and that the enforceability of this Dispute Resolution; Arbitration Section shall be governed by, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) to the maximum extent permitted by applicable law.


(d) Process. YOU AND PVI AGREE THAT WE WILL NOTIFY EACH OTHER IN WRITING OF ANY DISPUTE WITHIN THIRTY (30) DAYS OF WHEN IT ARISES SO THAT WE CAN ATTEMPT IN GOOD FAITH TO RESOLVE THE DISPUTE INFORMALLY. Notice to PVI shall be sent by certified mail or courier to:


Pineapple Ventures, Inc

Attn: Legal Department

10351 Santa Monica Blvd #420

Los Angeles, CA 90025


Your notice must include: (a) your name and contact information; (b) a description of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. If you and PVI cannot agree to resolve the Dispute within thirty (30) days of PVI receiving your notice, then either you or we may commence an arbitration proceeding or file a claim in court as appropriate pursuant to this this Dispute Resolution; Arbitration Section. YOU AND PVI AGREE THAT ANY ARBITRATION OR CLAIM MUST BE COMMENCED OR FILED WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES; OTHERWISE, YOU AND PVI AGREE THAT THE CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU WILL NO LONGER HAVE THE RIGHT TO ASSERT A CLAIM REGARDING THE DISPUTE). You and PVI agree that (1) any arbitration will occur in Los Angeles County, California or near your hometown, but only if the applicable arbitration rules so require, which you may attend either in person or via videoconference or telephone; (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (3) the state or federal courts in Los Angeles County, California will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration; provided, however, that small claims courts in the jurisdiction in which you reside will have jurisdiction over small claims disputes.


(e) Authority of Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute and (ii) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.


(f) Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.


(g) Severability. If any provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable. Further, the waivers set forth in subsection (b) of this Dispute Resolution; Arbitration Section are severable from the other provisions of these Terms and will remain valid and enforceable except as prohibited by applicable law.


(h) Changes/Opt-Out. You can terminate this agreement to arbitrate within 30 days of first becoming subject to this arbitration provision by providing PVI with written notice to:


Pineapple Ventures, Inc

Attn: Legal Department

10351 Santa Monica Blvd #420

Los Angeles, CA 90025


In order to be effective, the notice must include your full name, be received by PVI at the required address within 30 days of first becoming subject to this arbitration provision and clearly indicate your intent to terminate this agreement to arbitrate.  Your choice to terminate this agreement to arbitrate will not affect any other provision of these Terms.  


Notwithstanding the modification-related provisions in these Terms, if we materially revise the dispute resolution provisions of these Terms, you may reject any such change within thirty (30) days of the date such change becomes effective by providing PVI with written notice to:


Pineapple Ventures, Inc

Attn: Legal Department

10351 Santa Monica Blvd #420

Los Angeles, CA 90025


In order to be effective, the notice must include your full name, be received by PVI at the required address within 30 days of the date such change becomes effective and clearly indicate your intent to reject changes to this Dispute Resolution; Arbitration Section. By rejecting changes, you are agreeing to resolve disputes in accordance with the last version of the Terms you accepted.  Your choice to reject changes will not affect any other provision of these Terms.


GOVERNING LAW AND VENUE

THESE TERMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AND APPLICABLE UNITED STATES LAW, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THE DISPUTES OR ANY ACTION ARISING OUT OF OR RELATING TO DISPUTES BROUGHT BY A PERSON WHO PROPERLY OPTS OUT OF THE AGREEMENT TO ARBITRATE (IN ACCORDANCE WITH THESE TERMS) SHALL BE FILED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA (EXCEPT FOR SMALL CLAIMS DISPUTES, WHICH MAY BE FILED IN SMALL CLAIMS COURTS IN THE JURISDICTION IN WHICH YOU RESIDE), AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF SUCH DISPUTES.


MISCELLANEOUS

The failure of PVI to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit PVI rights with respect to such breach or any subsequent breaches. No waiver by PVI of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of PVI. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.  PVI may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without PVI’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against PVI by virtue of PVI having drafted them.


PVI will not be liable to you or be deemed to be in breach of its obligations under these Terms for any delay or failure in performance caused by acts beyond PVI’s reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labor disputes, shortages or delays in obtaining supplies or service, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.

Notwithstanding termination of your use of the PVI Platforms, for any reason whatsoever, the following sections of these Terms continue and survive: “Ownership of Materials,” “Your Warranties,” “Our Disclaimer of Warranties,” “Limitation of Liability; Waiver,” “Indemnification,” “Governing Law; Disputes” and “Miscellaneous.”


CONTACT INFORMATION

If you should have any questions or comments, please contact us at [email protected] or 1-877-310-7675.


PRIVACY POLICY

TABLE OF CONTENTS

The Information We Collect and How We Use It

Information You Provide Us Directly

Information We Collect Automatically

Cookies and Local Storage

Web Beacons

Embedded Scripts

Information Third Parties Provide About You and Social Media Interactions

Our Use of Information Collected Through the PVI Platforms

Disclosure of Information to Third Parties

When You Direct That We Share Your Information

Third Parties Providing Services on Our Behalf

Sweepstakes, Contests, and Promotions

Employment Applications

Administrative and Legal Reasons

Business Transfers

Third Party Advertising and Analytics Companies and Similar Third Parties

How We Respond to “Do Not Track” Signals

Changing Your Information

Your Choices

Third Party Content, Sites and Devices

Security

United States Jurisdiction; Consent to Transfer

Changes to the Privacy Policy

Your California Privacy Rights


THE INFORMATION WE COLLECT AND HOW WE USE IT

We may collect information from you directly, automatically when you visit the PVI Platforms, and sometimes from third parties. Some of this information may be considered “personal information” under various applicable laws. We consider information that identifies you as a specific, identified individual to be personal information (such as your name, phone number, e-mail address), and we treat additional information, including IP addresses and cookie identifiers, as “personal information” where required by applicable law. We may also de-identify personal information, turning it into non-personal information. This is accomplished by aggregating it or converting it to a code, sometimes using a mathematical process (commonly known as a “hash” function). Note that we may de-identify personal information so that it is non-personal, such as by aggregating it or converting it to a code, sometimes using a mathematical function (commonly known as a “hash”). We will treat de-identified information as non-personal to the fullest extent allowed by applicable law.


Information You Provide Us Directly

We may ask you to provide information directly, (such as contact information, including your name, phone number, or e-mail address), and other information about you, such as demographic information (for example, your gender, age or similar information). We may also collect your Social Security Number and financial information, such as, credit card number and bank account information, in order to process transactions through the PVI Platforms. Certain features may also collect other information about you, such as your preferences and interests.


The PVI Platforms are not intended for use by anyone younger than the age of 18 and we do not knowingly collect personal information from children younger than age 18. If we learn that we have inadvertently collected personal information from a user who is younger than age 18, we will delete the information from our active databases.


Information We Collect Automatically

We and our third party business partners (including third party service providers, third-party content, advertising or analytics companies and other business partners) may use a variety of technologies that automatically or passively collect certain information whenever you visit any PVI Platform or otherwise interact with us or our content (“Usage Information”). Usage Information may include the hardware model, browser, and operating system you are using, the URL or advertisement that referred you to the PVI Platform you are visiting, all of the areas within the PVI Platforms that you visit, your time zone, location information, and mobile network (if applicable), among other information. In addition, we automatically collect your IP address, mobile device ID or other unique identifier (“Device Identifier”) for any computer, mobile phone or other device you use to access our PVI Platforms.


Location Data

In some cases, for example when you opt-in to collection of location data through your device or our mobile applications, we may directly collect location information through your device. You may be able to turn off the collection of location information through the settings on your device. However, please note that we may still be able to collect or infer your approximate location through other information we collect, such as IP address. In addition, some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the device used to access the PVI Platforms.


The methods that may be used to collect Usage Information include the following:


Cookies and Local Storage

Cookies and local storage are data files placed within a browser on a device when it is used to visit a PVI Platform. Cookies and local storage can be used for a variety of purposes, including to store a unique identifier for your device that recognizes your device as you visit the PVI Platforms or other web sites or online services and to remember your preferences. Most browsers provide you with the ability to disable or decline cookies and local storage. You will need to check your browser’s settings for further information. If you choose to disable cookies on your device, some features of a PVI Platform may not function properly. For more information about cookies and managing cookies generally, visit http://www.allaboutcookies.org.


Web Beacons

Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”), may be included in our web pages and e-mail messages. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to a PVI Platform, to monitor how users navigate a PVI Platform, to count how many e-mails that were sent were actually opened or to count how many particular links were actually viewed.


Embedded Scripts

An embedded script is programming code that is designed to collect information about your interactions with a PVI Platform, such as the links you click on. The code is temporarily downloaded into your device from your web server or a third party service provider, is active only while you are connected to a PVI Platform, and is deactivated or deleted thereafter.


In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.


Information Third Parties Provide About You and Social Media Interactions

PVI may receive information about you from third parties, including business partners and data providers. We may supplement the information we collect with outside records from other third parties, such as public databases, publicly available social media pages, joint marketing partners, and third parties who enhance the information we have about you. We use this information to respond to your requests, tailor content, offer you products or services that we believe may interest you, enhance our products and services, and for other business purposes.


The PVI Platforms may permit or facilitate interactions with an interactive third-party website or service (“Social Media”), such as enabling you to “like” or “share” content. If you choose to share content or otherwise post information from or via the PVI Platforms to Social Media, that information may be public and the third party may have access to information about you and your use of the PVI Platforms. You may also choose to participate on Social Media in a way that connects that third-party service with the PVI Platforms (such as posting to one of our pages on a Social Media site or signing into the PVI Platforms with your credentials from another website or service). Doing so may allow us to collect (or the third party to share) information about you, including without limitation personal information, your Device Identifier, and which pages you are visiting on a PVI Platform. We may also receive information about you if other users of Social Media give us access to their profiles and you are one of their “connections.” Note that through the Social Media features, these third parties may be able to collect certain information about your visits to the PVI Platform regardless of whether or not you affirmatively interact with the Social Media and whether or not you are logged into (or have) an account with the third party.


The information we collect is subject to this Privacy Policy. The information collected and stored by the third party remains subject to the third party’s privacy practices, including without limitation whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third-party website or service. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected.

We may combine the information we receive from those other sources with information we collect through the PVI Platforms. In those cases, we will apply this Privacy Policy to the combined information.


OUR USE OF INFORMATION COLLECTED THROUGH THE PVI PLATFORMS

PVI may use information collected through the PVI Platforms, including personal information, to: (1) process your transactions; (2) recognize you across the PVI Platforms and across devices; (3) tailor content recommendations and offers we display to you, both on the PVI Platforms and elsewhere online; (4) allow you to participate in features we offer or to provide related customer service; (5) provide you with information, products, or services that you have requested or that we think may interest you, and to send you special offers from us, our advertisers, or third-party business partners, via email, text, or other methods of communication; (6) investigate and prevent fraudulent transactions and other illegal activities or activities that violate our policies; (7) process your registration, including verifying your information is active and valid; (8) improve the PVI Platforms or our services and for internal business purposes; (9) contact you with regard to your use of the PVI Platforms or any PVI service and, in our discretion, changes to the PVI Platform policies; (10) facilitate your job search via the PVI Platforms and prepare related governmental and internal statistics reports; and (11) for purposes disclosed at the time you provide your personal information or otherwise with your consent. We may use non-personal information, including information that has been de-identified to make inferences about you and offers and content you may be interested in, to serve you with relevant advertising, and to allow others to do so.


DISCLOSURE OF INFORMATION TO THIRD PARTIES

PVI may share non-personal information, including Usage Information, information that has been hashed or otherwise de-identified, aggregated user statistics, , with third parties in our discretion, including for targeted advertising purposes. We do not share your personal information with third parties for those third parties’ own direct marketing purposes unless you consent (opt-in or opt-out) to such sharing. California Residents, please see below for additional information on “Your California Privacy Rights.”


We may share the information we have collected about you, including personal information, as disclosed at the time you provide your information, as described in this Privacy Policy, with your consent, and in the following circumstances:


When You Direct That We Share Your Information

We may share information when you direct that we do so. For example, you may be presented with an opportunity to receive information and/or marketing offers from one or more third parties. If you agree at that time to have your personal information shared, your personal information will be disclosed to that third party (or parties) and will be subject to their privacy practices. Or, you may choose to interact with a third party application or feature, through which information about you is shared. Please note that we are not responsible for the privacy practices of third parties. If you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.


Third Parties Providing Services on Our Behalf

We may share information about you with third-party service providers and vendors to enable them to perform services on our behalf, such as processing transactions, sending postal mail, e-mail, text, and other types of communications, analyzing data, and providing marketing assistance. Additionally, we may share various information relating to our users and fraudulent or potentially fraudulent activities with our fraud prevention and similar service providers and vendors, and they will use this information to help us and their other clients prevent fraudulent and illegal transactions.


Sweepstakes, Contests and Promotions

We may offer sweepstakes, contests, or other promotions (any, a “Promotion”), that may require registration. By participating in a Promotion, you are agreeing to the provisions, conditions, or official rules that govern that Promotion, which may contain specific requirements of you (including, without limitation and except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness, or other indicia of persona in advertising or marketing materials). If you choose to enter a Promotion, personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, as required by law or permitted by the Promotion’s terms or official rules (such as on a winners list).


Employment Applications

If you apply for a job through the PVI Platforms, we, or a third party human resources company providing services on our behalf, may ask you to provide self-identifying information (such as veteran status, gender and ethnicity) in conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission (“EEOC”), the Office of Federal Contract Compliance Programs (“OFCCP”), and similar state and local regulatory agencies. Providing self-identifying information is voluntary, but if you do provide us with that information, we may submit it to the EEOC, the OFCCP and similar state and local regulatory agencies for business-related purposes, including responding to information requests, fulfilling regulatory reporting requirements and defending against employment related complaints. Note that the job application site linked from the PVI Platforms may be operated by a third party and your initial application and inquiry may be governed by their privacy policy.


Administrative and Legal Reasons

We may also transfer and disclose user information to third parties: (i) in the event we are required to respond to subpoenas or other legal process or if in our opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation; or (iii) to protect and/or defend the Terms of Use or other policies applicable to a PVI Platform or our services or to protect the personal safety, rights, property or security of PVI, our customers, or a third party. We may also use Device Identifiers, including IP addresses, to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies in our discretion.


Business Transfers

PVI may share personal information with its parent, or its subsidiaries and affiliates, primarily for business and operational purposes. PVI reserves the right to disclose and transfer all information related to a PVI Platform, including personal information: (i) to a subsequent owner, co-owner or operator of a PVI Platform or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, bankruptcy, the sale of certain of PVI’s ownership interests, assets, or both, or other company change, including, without limitation, during the course of any due diligence process.


THIRD-PARTY ADVERTISING AND ANALYTICS COMPANIES AND SIMILAR THIRD PARTIES

PVI works with third party business partners, including network advertisers, ad agencies and other advertising partners to serve PVI ads online. We also use third party analytics providers to provide us with information regarding the use of the PVI Platforms and the effectiveness of our advertisements. These third parties may set and access their own tracking technologies on your device (including cookies and web beacons), and they may otherwise collect or have access to information about you, including Usage Information, some of which may be personal information under various state laws.

Some of these parties may collect personal information over time when you visit the PVI Platforms or other online websites and services. We may share non-personal information, including information that has been hashed or otherwise de-identified, Usage Information, and location information, with third party advertising companies, analytics providers and other third parties, including for the purpose of serving you more relevant ads.


We may use a variety of companies to serve our advertisements. Some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising and you may want to visit the following webpages, which provide “opt-out” mechanisms for participating companies: http://networkadvertising.org/managing/opt_out.asp or http://www.aboutads.info/choices/. You may also be able to opt-out from interest based advertising on your mobile device through your mobile device settings.


We also use Google Analytics, which uses cookies and other technologies to collect and analyze information about use of the Site and provide other reports. This service may also collect information regarding your use of other websites, apps, and online resources. For information about opting out from Google, click here, and to download the Google Analytics opt-out browser add-on from Google, click here.


HOW WE RESPOND TO “DO NOT TRACK” SIGNALS

Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. Like many websites and online services, the PVI Platforms do not alter their practices when they receive a “Do Not Track” from a visitor’s browser except as specifically required by law. To find out more about “Do Not Track,” please visit www.allaboutdnt.com.


CHANGING YOUR INFORMATION

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. If you wish to modify personal information that you have provided to us in the past, please contact us at [email protected] or 1-877-310-7675. Certain PVI Platforms may allow you to correct or update certain personal information you have provided. Note that when you edit your personal information or change your preferences on a PVI Platform, information that you remove may persist internally for PVI’s administrative purposes or within backup media.


YOUR CHOICES

PVI offers you the following choices with regard to the information it collects through the PVI Platforms:

You may opt out of receiving marketing e-mails by following the opt-out instructions provided to you in those e-mails. Please note that we reserve the right to send you certain communications relating to your account or use of the PVI Platforms or PVI services, such as administrative and services announcements. These transactional account messages may be unaffected if you choose to opt out from marketing e-mails.


If you sign up to receive SMS or MMS or RCS messages from PVI, you may unsubscribe from any SMS or MMS or RCS messages received by replying “STOP”.


With your consent, we may send promotional and non-promotional push notifications or alerts to your device, and may in some cases do so based on your device’s physical proximity to a beacon. You can elect to stop receiving those messages at any time by changing the notification settings on your device.


THIRD PARTY CONTENT, SITES & DEVICES

The PVI Platforms may contain content that is served by someone else or links to third-party content or web sites that PVI does not control. The third-party operators and content providers may set their own cookies or tracking technologies on your device, they may independently collect data or solicit personal information, and may or may not have their own published privacy policies. PVI is not responsible for the privacy practices employed by any third party.


SECURITY

PVI takes commercially reasonable steps to protect and secure personal information. However, no data transmission over the Internet, by wireless transmission or any electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information we collect, and you use the PVI Platforms and our services and provide us with your information at your own risk.


UNITED STATES JURISDICTION; CONSENT TO TRANSFER

PVI is based in the United States and the PVI Platforms are controlled and operated by PVI from the United States of America. This Privacy Policy, our privacy practices, and the information we collect is governed exclusively by United States law. PVI makes no representation that this Privacy Policy or the practices described in it comply with the laws of any other territory. Visitors who use the PVI Platforms and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. By accessing or using a PVI Platform or providing us with any information, you consent to the transfer, processing and storage of your information in and to the United States and other countries, jurisdictions in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. Personal Information processed or stored in another jurisdiction may be subject to access requests from governments, courts, or law enforcement in accordance with the laws of that jurisdiction.


CHANGES TO THE PRIVACY POLICY

To the extent allowed by applicable law, PVI reserves the right to change this Privacy Policy at any time without prior notice and will notify you of material changes by posting the changed or modified Privacy Policy on the PVI Platforms. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any changes will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified and your continued use of the any of the PVI Platforms after the effective date of the revised Privacy Policy will constitute your consent to those changes to the fullest extent allowed by applicable law. However, PVI will not make material changes to how it treats previously collected personal information about you without providing notice and giving you the chance to consent (opt-in or opt-out), as required. Note, however, that you may need to consent to our new policies in order to continue to use the PVI Platforms and our services.


CALIFORNIA PRIVACY NOTICE

Effective January 1, 2020, the California Consumer Privacy Act (CCPA) offers consumers who are California residents certain rights, including to request that a covered business: (a) disclose the categories and specific pieces of personal information it collects and from whom the information is collected, how the information is used, and how it is shared or “sold”; (b) delete information collected from the consumer; and (c) opt out of the “sale” of personal information, if applicable. The CCPA does not apply to personal information collected, processed, shared, or disclosed by financial institutions pursuant to federal law or that is covered by existing laws including but not limited to GLBA.


To contact us with questions about our compliance with the CCPA or to submit a request, call 877-310-7675 or visit our website: www.pineappleexpress.com.