The Family Coppola Rewards (Coppola Rewards)
Terms of Service
[The Family Coppola owns and operates certain websites that implement reward programs and other loyalty programs (collectively,Program), each of which is accessed from a website that is affiliated with The Family Coppola who is the focus of that Program. Each Program, together with the content, incentives and rewards, information sharing and other services available at that Program, are collectively referred to herein as the Service. The Service is intended for legal United States residents and shall only be construed and evaluated according to applicable U.S. law and applicable state law.
The following are the current terms and conditions for use of this Program and Service. Except certain aspects of the Service that may be available to Public Users, the Service is provided only to users who become Members (as such terms are defined below). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (Terms of Service). The Terms of Service shall be deemed to include all other operating rules, policies and procedures that are referred to herein or that may otherwise be published at the Program by [Client Name] from time to time (collectively, Policies), including without limitation, Policies that may be published in respect of:
The Terms of Service are in addition to (not in lieu of) any other agreement (whether in writing or clickwrap) that you have entered into with The Familly Coppola(now or in the future) regarding any Service (Other Agreements). If there is any conflict between the Terms of Service and those of any Other Agreement, the terms of the Other Agreement shall control.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT ACCESS OR USE THE SERVICE. COMPLETING THE REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE PROGRAM OR SERVICE WILL CONSTITUTE ACCEPTANCE AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT MODIFICATION.
The Family Coppola reserves the right, at its sole discretion, to modify or replace the Terms of Service (including any Policy), in whole or in part, at any time. The Family Coppola will use reasonable efforts to notify Users of any material change at least 30 days in advance of the effective date of any change. Change notices may be communicated by postings in the Program or, in the case of Members, electronic mail. In any case, Users should periodically check the Terms of Service for changes. Continued use of the Service following such notice of any change to the Terms of Service constitutes User's acceptance of those changes. The Terms of Service may not otherwise be amended, except by a written agreement executed by User and The Family Coppola.
The Family Coppola may terminate the Service, in whole or in part, at any time.
You must be legal U.S. resident and at least 21 years of age to participate in the Program and use the Service. If you do not so qualify, you are prohibited from accessing, using and registering for the Service. Non-eligibility or non-compliance with any of these Terms of Service will result in disqualification. Void where prohibited or restricted by law.
Currently, Texas residents are not permitted to participate in the rewards program, and California residents are not allowed to participate in the sweepstakes offerings of the program. We reserve the right to modify or discontinue the rewards program in states where states determine that the rewards program is prohibited by state law.
The term Users includes all registered and unregistered users that access or use the Program or Service. Each User that properly completes the registration process shall be considered a Member for the purposes of the Terms of Service. Users that do not complete the registration process, or whose registration is not accepted, shall be considered Public Users. Public Users have limited access to the Service, if at all. [Client Name] may refuse to offer or continue offering the Service to any person or entity and may change its eligibility criteria from time to time.
To become a Member, each User must complete the registration process by providing The Family Coppola with current, complete and accurate information, as more specifically required by the then current registration procedures. By way of illustration and not limitation: prospective Members may be required to provide their name and zip code (or outside the US, city and country), username, password, legitimate electronic mail address and certain additional information (such as, for example, preferred contact method and products and services of interest); in order to obtain certain aspects of the Service, Members may also elect to provide access information related to their accounts at social networking sites (such as, for example, Twitter, Facebook, FourSquare and Instagram); and in order to obtain certain Services applicable to the Rewards Program (as further described below), Members may be required to provide mobile telephone account information. Members shall maintain and update their registration data from time to time, to ensure that it is always current, complete and accurate. Users may apply for registration at http://www.coppolarewards.com. The Family Coppola may refuse to accept any User's application to register as a Member, in its sole discretion.
Upon acceptance, The Family Coppola will provide access credentials to the Member. Each Member is solely responsible for maintaining the confidentiality of its access credentials and other account information, and will be solely liable for any and all activities under its account. Member shall be responsible for keeping all account information up-to-date. Member agrees to notify The Family Coppola immediately of any unauthorized use of Member's account or any other breach of security.
At this time, a User must register to become a Member of each Program separately.
The Service may include one or more programs (the Rewards Program) where Members can accumulate and redeem loyalty rewards points (Points), on an individual basis and solely for their own account. The Rewards Program may be structured to offer certain benefits based on the Member's current balance of "redeemable" Points (that is, Points that have not previously been redeemed) or "lifetime" Points (that is, all prior Points accumulated by Member, whether previously redeemed or not).
From time to time, The Family Coppola may establish (at its sole discretion) loyalty criteria pursuant to which Member's may "earn" Points (such as, for example: by registering for this Service; by sharing User Content at the Program; by engaging in certain specified activities like visiting or watching videos; by engaging in certain specified activities related to social networks).
Once you register for the Program, if you do not take an action to earn points within your The Family Coppola Rewards account within twelve (12) months of your membership, The Family Coppola shall expire your accrued but unused Redeemable points on or after the last day of your last activity.The Family Coppola may, at its discretion, send you periodic notifications to remind you that your Redeemable points will expire upon the 12th month of inactivity. However, it is your responsibility to monitor your Program account and points status. Please note that earning points for monthly Twitter or Instagram followership will not deem you as active.
From time to time, The Family Coppola may offer benefits or privileges to Members in exchange for redemption of a specified number of Member's Points. The nature of those benefits or privileges, and the number of Points required to obtain such benefits or privileges, shall be established by The Family Coppola and are subject to change.
Member acknowledges and agrees that:
Except as expressly provided otherwise in the Terms of Service, The Family Coppola and each Member or other User is solely responsible for all of its costs and expenses related to the Service.
The Family Coppola determines whether (and how much) Users will be charged to access the Program and use the Service. In the case of any Program and Service that are initially made available without charge, The Family Coppola may later decide to charge for accessing or using some or all of the features of the Program and Service. In the case of any Program or Service where a subscription or other fee is charged, The Family Coppola may later decide to change the price of that fee. Users will be notified of fee changes in accordance with Section 2. User hereby agrees to pay all applicable fees for Program and Services that are identified as fee-bearing, in the amounts, at the times and subject to the other payment terms specified by The Family Coppola.
The Service is provided to Users only for their personal, noncommercial use. Any unauthorized use of the Service (including without limitation, accessing the Rewards Program or other aspect of the Service for which the User is not authorized, or any commercial use not expressly permitted in the Terms of Service, such as, for example, reselling any content or information to third parties) is expressly prohibited. Each Member is solely responsible for all acts or omissions that occur under its account, username or password, including User Content posted to or transmitted via the Service.
As a condition of use, each User hereby promises that it will not use the Service for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by the Terms of Service or any Other Agreement, or any other purpose not reasonably intended by The Family Coppola. User agrees to abide by all applicable local, state, national and international laws, regulations and rules. Without limiting the foregoing, Members shall not use the Service for the purpose of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information.
By way of example, and not limitation, each User agrees not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, directory, survey, feedback or other service available on or through the Service, in any manner, that:
Member agrees that Points are not valid unless earned strictly in compliance with the requirements as established and intended by The Family Coppola, and Member shall not attempt to earn Points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. Members shall perform all of their obligations in respect of any Rewards Program transaction entered into in connection with using the Service.
The Family Coppola may, at its sole discretion, immediately suspend or terminate any User's access to the Service should their conduct fail (or appear to fail) to strictly conform to any provision of this section.
The Family Coppola has no obligation to monitor the Service or any User’s use thereof. However, The Family Coppola reserves the right at any time and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including law enforcement).
The Familly Coppola has no obligation to pre-screen, authenticate, validate, monitor, moderate or edit any User Content. However, The Family Coppola and its agents have the right, at their sole discretion, to remove at any time any User Content that, in The Family Coppola's judgment, does not comply with the Terms of Service or any Other Agreement or otherwise appears harmful, objectionable or inaccurate. The Family Coppola is not responsible for any failure or delay in removing any such content.
User shall not post any confidential content or other proprietary information that it desires to or is under obligation to keep secret.
The Service may permit Users to access the Program from and to link from the Program to other websites on the Internet, including without limitation, the website affiliated with The Family Coppola and their partners. These other websites are not under The Family Coppola's control, and User acknowledges and agrees that The Family Coppola is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by The Family Coppola or any association with its operators. Additional or different terms and conditions may apply when Users are accessing and using such other websites.
Any dealings by Users with advertisers, vendors and other third parties (collectively, Program Affiliates) via the Service, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between the User and Program Affiliate or other third party. The Family Coppola is not responsible or liable for any part of any such dealings or promotions.
User acknowledges and agrees that the Program, Service and all content and materials created by or for The Family Coppola and made available on the Program are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and The Family Coppola (and its licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by The Family Coppola, each User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Program, Service or such content and materials. However, unless the Service otherwise restricts the Member from doing so, Member may print or download a reasonable number of copies of the materials or content from the Program for the Member's personal, noncommercial purposes; provided, that Member retains all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from the Program by any User to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without The Family Coppola's express prior written permission.
If User desires to make any use of any Program content for any purpose other than personal, noncommercial reference, then User shall first secure permission from the owner of that content.
Reproducing, copying or distributing any content, materials or design elements from the Program for any other purpose is strictly prohibited without The Family Coppola's express prior written permission. Attempting to access or use the Program, Service, content or materials for any purpose not expressly permitted in the Terms of Service is prohibited.
By uploading, posting, submitting or otherwise distributing User Content of any kind to the Program, each User hereby:
User agrees that he or she will not contribute any User Content unless User has all of the rights (including rights from the copyright owner) necessary to grant The Family Coppola the use license, and to satisfy all of the warranty requirements, described above.
Notwithstanding the foregoing, the Service may provide each User with the ability to remove some or all of the User Content posted to the Program by such User. Following any such removal, The Family Coppola will use commercially reasonable efforts to discontinue any further display, performance and distribution of such User Content by The Family Coppola at the Program; provided, however, User acknowledges and agrees that The Family Coppola may continue using such User Content in the same manner and for the same purposes as it did prior to removal of such content (such as, for example, content used in any advertising created prior to removal) and that The Family Coppola shall have no responsibility or liability in respect of any content that has been exported by The Family Coppola or shared with other Users via the Service or that has been downloaded or copied by Users to other websites, systems and devices.
The Family Coppola may terminate any User's access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If Member wishes to terminate its registration and account, Member may do so at any time by sending an email to firstname.lastname@example.org that includes Member's electronic mail address and specifies which account the termination applies.
Upon any termination, all rights and obligations of the parties shall cease and User shall immediately cease using the Service, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of the Terms of Service shall survive and (b) the provisions of Sections 12 – 23 shall survive. After termination, The Family Coppola has no obligation to maintain any content in Member's account (including without limitation, records regarding Member's Points, which will be irrevocably forfeited) or to forward any unread or unsent messages to Member or any other User or third party.
THE PROGRAM AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE PROGRAM AND SERVICE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. [Client Name] AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USER’S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK.
Limitation of Liability.
User agrees that neither The Family Coppola shall not be responsible or liable for any unauthorized access to, alteration or use of User's account, transmissions or data, any material or data sent or received or not sent or received through the Service. User agrees that neither The Family Coppola is responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights.
IN NO EVENT SHALL The Family Coppola OR ANY OF THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE PROGRAM OR SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS PAID TO The Family Coppola BY USER (AND RETAINED BY The Family Coppola HEREUNDER DURING THE PREVIOUS 12-MONTH PERIOD) OR US$50.00, WHICHEVER IS GREATER, EVEN IF The Family Coppola HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
User agrees to (a) defend The Family Coppola and their respective employees, contractors, officers, directors, members, partners and representatives against any action or suit by a third party that arises out of any transaction with other Program Affiliate or other Member in which User is involved, User’s use or misuse of the Service, or User’s breach of any of its representations, warranties or covenants under the Terms of Service and (b) indemnify The Family Coppola for any settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such a claim. The Family Coppola as applicable, reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with The Family Coppola in asserting any available defenses.
The Family Coppola makes no representation that the Service is appropriate or legally available for use in locations outside the United States, and accessing and using the Service is prohibited from territories where doing so would be illegal. Users that access the Service from other locations do so at their own initiative and are responsible for compliance with local laws.
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. User and The Family Coppola agree that any claim or cause of action arising out of or related to the Service must commence within one (1) year after the claim or cause of action arose; otherwise, such cause of action is permanently barred.
The Terms of Service shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. In the event of any conflict between US and foreign laws, rules and regulations, US laws, rules and regulations shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms of Service. User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Service or use of the Program or Service shall be filed only in the state or federal courts located in San Francisco, California, USA, and User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.
NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 20 THAT AFFECTS USER’S RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND [Client Name] AND THEIR RESPECTIVE PARENTS, AFFILIATES AND SUBSIDIARIES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN SECTION 20.
BINDING INDIVIDUAL ARBITRATION
Purpose. The term "Dispute" means any dispute, claim, or controversy between you and The Family Coppola or Partner Affiliate regarding the use of the Service, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 20 (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with The Family Coppola or Partner Affiliate or any of their officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below. Other than those matters listed in the Exclusions from Arbitration clause, you and the party that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 20, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND THE ENTITY AGREE THAT ANY CLAIM FILED BY YOU OR BY The Family Coppola OR PARTNER AFFILIATE IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 20.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS.
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 20, YOU MUST NOTIFY The Family Coppola IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO THE FAMILY COPPOLA, 300 VIA ARCHIMEDES, GEYSERVILLE, CA 95441, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) you’re the Family Coppola FIRST PARTY SERVICES ONLINE ID, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY The Family Coppola OR PARTNER AFFILIATE THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY The Family Coppola OR PARTNER AFFILIATE YOU MUST SEND WRITTEN NOTICE TO THE FAMILY COPPOLA, 300 VIA ARCHIMEDES, GEYSERVILLE, CA 95441,TO GIVE The Family Coppola THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If The Family Coppola or Partner Affiliate you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or The Family Coppola or Partner Affiliate you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this Section 20.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND The Family Coppola or Partner Affiliate WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or The Family Coppola or Partner Affiliate you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section 20 govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by The Family Coppola or Partner Affiliate with which you have a Dispute with concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with [Client Name] or Partner Affiliate you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to The Family Coppola or Partner Affiliate you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or [Client Name] or Partner Affiliate you have a Dispute with may initiate arbitration in the State of California, or the United States county in which you reside. In the event that you select the county of your United States residence, [Client Name] or Partner Affiliate you have a Dispute with may transfer the arbitration to the state of California in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
The Terms of Service (including the Policies, and together with any Other Agreements) are the entire agreement between User and The Family Coppola with respect to the Service and use of the Program, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between User and The Family Coppola with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.
User's rights and obligations under the Terms of Service are personal to User, and are not assignable, transferable or subject to sublicense by User except with The Family Coppola's prior written consent. The Family Coppola may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Service 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 e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
All content provided by The Family Coppola are copyright © 2018 The Family Coppola. and/or its licensors or suppliers.
The Family Coppola is the trademark of The Family Coppola. The names and logos used in connection with the Program are the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be made according to the instructions provided at http://www.Francisfordcoppolawinery.com.
The Family Coppola
300 Via Archimedes
Geyserville, CA 95441
Attn: Customer Support