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The Green Bag Consign & Rent LLC /My Green Bag Terms of Use for www.MyGreenBag.com

Please review the following terms and conditions concerning your use of and

Access to the Website. By accessing, using and/ or downloading any

materials or content from the Website, you agree to follow and be bound by these terms and conditions (these “Terms” or this “Agreement”). If you do not agree with these Terms you may not use the Website.

These Terms of Use provide that all disputes between you and The Green Bag will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below titled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with The Green Bag.

PRIVACY

Your use of the Website is subject to The Green Bag Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.

SECTION 1. RENTAL SERVICE

A. In order to use our service you must select “Yes” option that you Agree to Rental Terms of Service on the product page and enter required information for checkout through the website. You must be twenty one (21) years of age or older to use our service. You must agree to provide accurate personal information about yourself through the Website registration. If the information you provided on the Website is inaccurate, or we suspect that any information you have provided to The Green Bag inaccurate, we reserve the right to terminate your account and refuse to provide service. The maintenance and confidentially of your account is solely your responsibility. Any activity which is related to your account also becomes your responsibility . If you suspect any activity on your account which you think is unauthorized, please contact The Green Bag immediately. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Green Bag is not responsible for third party access to your account that results from theft or misappropriation of your account. The Green Bag reserves the right to refuse or cancel service, terminate accounts or remove or edit content in its sole discretion.

B. Once you have added a Rental handbag to your cart, you will be complying with all of our Terms. You will then have the ability to select when the item will be shipped to your billing address. All rental periods and rates for each item are clearly listed on the Website not including the transit time. The Green Bag Rentals only offers items for rent that have a thirty day (30 -day) rental period. Each rental period will have a different rental fee applied to the specific item. You will have an initial rental period for how long you can rent each item: however, once that rental period is completed, you must either send back the item or rent it for an additional 30–day period.

C. If you fail to return the rented item, you will automatically be charged for the next rental period using any payment on the account on date after the rental due date. There is no limit to how may rental cycles you may have. The Green Bag policy is that you can only rent out one item at each time.

D. All orders may not be cancelled. Each rental period starts the day the rental is delivered and signed for. Every order will require one day of processing before the shipment is sent. You may receive communications from The Green Bag including emails, text messages, and phone calls. Every shipment will require a signature when the delivery is complete. Any lost rentals after the selected Courier confirmed delivery is your responsibility. If a shipment cannot be located, you must immediately contact The Green Bag. Each item will be inspected and cleaned (excluding normal wear and tear) before shipped. If the item is not in the condition which is expected when ordered, Please contact The Green Bag upon receipt of the shipment.

E. You must agree use The Green Bag Rental dust bag for the purse when not using. You must agree to use the items/accessories My Green Bag provides you with. You MUST put makeup, pens, hairspray, anything that may leave dirt, stains, or residue in the waterproof bag provided. You must agree to use the purse hanger to hang purse on when in use. The rental item must be returned, along the ship/return box, dust bag, and other items/accessories that come with the shipment.

F. If an item returned is damaged above normal wear and tear, determined by The Green Bag Rentals, you will be responsible for the full retail amount of the item, plus 4.25% (four and a quarter) sales tax and a replacement fee. The replacement fee (this will be inserted link!) for damaged or lost product(s) must be charged because of the rarity and limited status of each item makes it very difficult to replace if damaged, lost, or not useable. Each rental item has its own individual replacement fee. All replacement fees will be charged to the method of payment on your account. The Green Bag reserves the right to use any payment method to receive monetary damages.

G. You are responsible in the event of a lost item, lending an item to others, theft, and any other circumstance that result in the item not remaining in its original condition. You will be charged the full retail amount of the item plus 4.25% (four and a quarter) sales tax in replacement fee.

H. The Green Bag reserves the right to close or suspend any account at any time and/or cancel or suspend orders for at any time for any or no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. If you choose to fully purchase a rental, you must contact The Green Bag during and before the rental period ends as it may vary per item.

SECTION 2. CONSIGNMENT SERVICES AND SALES SERVICE AGREEMENT

YOU MUST AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT IF YOU WISH TO CONSIGN OR SELL GOODS ON THE GREEN BAG AND BY CLICKING “AGREE” YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. 

Our Terms of Service located at: https://www.mygreenbag.com/terms (“TOS”), are incorporated by reference and made a part of this Agreement to which You are agreeing, and such TOS additionally apply to any of Your and Our activities under this Agreement.

ONCE YOU AGREE TO THIS AGREEMENT, IT WILL REMAIN IN EFFECT AND GOVERN ALL TRANSACTIONS BETWEEN YOU AND THE GREEN BAG UNTIL YOU OR WE TERMINATE IT PURSUANT TO SECTION 5 OF THIS AGREEMENT.

A. OVERVIEW; ACCOUNT CREATION

We market and sell (and provide a online store for marketing and sale of) luxury designer purses and handbags. To sell an item with Us, You must create a seller account first and provide Your contact and payment information. Once You have created Your account, You can request that We sell the item(s) that You ship to Us (the “Property”) on a consignment basis (“Consignment”), subject to Our eligibility.

B. CONSIGNMENT 

If You choose Consignment for Your Property, You, not The Green Bag, will still own the Property (the “Consigned Property”), even after You ship the Consigned Property to Us. You must agree to send exterior and interior pictures of the Property to info@mygreenbag.com After We receive the Consigned Property from You, We will send You an email confirming the item(s) of Consigned Property have been received and exterior and interior pictures of the Property. Once We have appraised and authenticated the item(s), You will receive a email to view the accepted list price of the item(s) which upon confirmation then will be processed and available for sale on the Service and, at Our discretion. You may then view your item(s) on www.MyGreenBag.com “Buy” page.

C. DELIVERY OF CONSIGNED PROPERTY; RISK OF LOSS

We accept the risk of loss or damage to Consigned Property only under these conditions: We take physical possession of the Consigned Property of which You use Our approved, pre-paid FEDEX shipping label to ship Your Consigned Property and the label is processed in FEDEX’s tracking system and You actually provide the Consigned Property to The Green Bag.

If an item of Consigned Property is damaged, stolen, or lost while in The Green Bag’s possession or during FEDEX Transit, it will be treated as Sold and you will receive Your commission. The Commission will be based on the damaged, stolen, or lost item’s estimated Net Selling Price after authentication using confirmed pictures of the item, which will be determined by Us and Third Party source. This payment represents the amount You would have received in the normal course of a sale. 

In the event You request return of an item of Consigned Property, and it is damaged during shipping, You must notify us along with any evidence We request to validate the damage and then return the damaged item to Us using a provided FEDEX shipping label. If We can validate, and ultimately agree with, Your damage claim, We will provide the Commission. 

Unless otherwise prohibited by law, this remedy will constitute Your sole remedy and entire recourse against Us for Consigned Property that is damaged, stolen, or lost and is in lieu of any other remedy otherwise available as a matter of law or equity. 

Any claim by You for a damaged, stolen, or lost item must be made to Us in writing sent to info@mygreenbag.com within ten (10) days of the day that You became aware or should have reasonably become aware of the alleged damage, theft, or loss.

D. CONDITIONS OF ACCEPTANCE FOR CONISGNED PROPERTY

(i) Upon receipt of an item of Consigned Property, We will first determine authenticity using a Third Party, and then evaluate the Item and the condition, all of which affect value and pricing.

(ii) We only accept Consigned Property that We think is suitable for consigning on the Service. We reserve the right to accept or reject an item for any reason, but standard reasons for acceptance is, the Consigned Property must be at a minimum (in Our sole discretion): (1) in fair to pristine condition; (2) listed in Our current Luxury Label List at the time of evaluation (see www.mygreenbag.com/luxurylabels) for items currently being accepted); (3) authentic (which means, among other things, that the item is not counterfeit, fake, stolen or subject to any geographic sale restrictions, such as in the case of gray market goods); and (4) consistent with the representations and warranties You make in the “Your Representations, Warranties, and Indemnification” at Section 8. If an item meets Our criteria for acceptance, you will receive an email confirming Acceptance of the item from info@mygreenbag.com. If We decide to not accept an item, We will return the item to You at Our expense.

E. CONSIGNMENT PERIOD AND RETURN OF PROPERTY

(i) Subject to termination of this Agreement pursuant to Section 5 hereof, the “Consignment Period” for each item of Consigned Property begins on the date an item is Accepted by Us for Consignment and ends 365 days thereafter, even if this Agreement has been terminated during that time by You or The Green Bag. At any time during the Consignment Period, and subject to Us, You may request in writing that We return any Accepted Item via emailing info@mygreenbag.com and request a Return Form so long as the Accepted Item has not already been Sold. Once We receive Your Return Form, We will remove the Accepted Item from the Service, and from any social media and www.MyGreenBag.com “Buy” page, if applicable, before it is Sold.

(1) If Your Return Form is made any time before the end of the Consignment Period, We will return the Accepted Item to You and will charge You the costs of return. (2) If an Accepted Item has not been Sold and You have not submitted a Return Form by the end of the Consignment Period, You relinquish all right, title, and interest to such Accepted Item and authorize Us to re-purpose or donate the Consignment Property.

(3) If an Accepted Item has not been Sold by the end of the Consignment Period, We will contact You and you must decide to either return the Accepted Item to You at Your expense or We re-purpose or donate the Consigned Property.

(ii) If at the end of the Consignment Period We are unable, after using reasonable efforts (and in any event within thirty (30) days of Our first attempt), to contact You at the email or physical address We have on file for You any items of Consigned Property may be re-purposed or donated to a charity of Our choice.

F. EFFORTS TO SELL; PRICE

(i) Consenting to this Agreement, We will display on the Service (and, at Our sole discretion, list and make available for sale at www.MyGreenBag.com ”Buy” page, and will make commercially reasonable efforts to sell the Consigned Property.

(ii) In order to market and promote the sale of each item of Consigned Property, We may in Our sole discretion apply an immediate 20% discount to the item of Consigned Property, which will affect its Initial Sale Price, unless We have otherwise agreed in writing that such discount is not permitted, or if We have agreed that a discount is permitted only with Your prior written consent.

(iv) We may offer additional discounts and promotions during the Consignment Period, at Our sole discretion and without notice to You, to efficiently market and sell the Consigned Property, unless We have otherwise agreed in writing that further discounts are not permitted, or We have agreed that such discounts are permitted only with Your prior written consent.

(e) TITLE TO PROPERTY

You will continue to own the Consigned Property until that item is “Sold” or until the end of the Consignment Period. An item will be considered Sold at the earlier of when:

(i) We sell it to a customer and that Consigned Property is not returned to Us within the period specified in Our then-current Return Policy (see www.mygreen.com/returns, which may be updated, modified and changed from time to time); or

(ii) it is lost, stolen, damaged, or destroyed while in Our possession.

G. COMMSISIONS AND PAYMENT FOR CONSIGNED PROPERTY

We will pay You a Commission for the Consigned Property that is Sold. The Commission will be determined by Us at a specific rate (see www.MyGreenBag.com/CommissionRate). The Commission You receive for the Sale of Your Consigned Property are the sole compensation You will receive under this Agreement for such sales.

H. PAYMENTS

We typically begin processing Commission payments on the 15th day of every month for sales of Consigned Property that occurred during the previous month. For example, payments processed on February 15th would cover the sales period from January 1 through January 31. Payments will be made to You by direct deposit or by physical check. Should You choose to receive payment by paper check, You may, in our sole discretion, be charged a processing fee.

The timing of processing and delivering Commission payments will vary by the payment method You select but will typically take at least two business days (provided, however, that these times are estimates only and are subject to change).

Payment processing services for consignment sales are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to consign with The Green Bag, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Us enabling payment processing services through Stripe, you agree to provide Us accurate and complete information about You, and You authorize Us to share it and transaction information related to Your use of the payment processing services provided by Stripe.

(v) Your Information. If you create an account and sell an item with or to Us, You will be required to provide contact, payment, billing, and other information. All information You provide to Us must be (and must at all times during the term of this Agreement remain) true, accurate and complete. In order to receive Commissions or refunds, You must provide Us with all necessary information, including but not limited to a valid email address, postal address, first and last name, and bank account information. We will not be responsible for communication errors should Your information be inaccurate or incomplete. You are responsible for ensuring that You can receive emails from Us, and We are not responsible for any emails that were not received by You because they were blocked or filtered as spam. If You fail to provide Us with accurate and up to date information: (a) We will not be responsible for any misapplied payments or payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. We have no obligation to You if any of Your unclaimed funds are turned over to governmental authorities.

I. DISPUTES

If there is a Dispute (as defined in “Informal Dispute Resolution” at Section 20(b)), between You and Us relating to Your Consigned Property, We will have no obligation to pay any Commissions or other amounts due to You, including without limitation, amounts unrelated to the Dispute, unless and until the Dispute is resolved. We may withhold any Commissions due to You (including any due for Sold items of Consigned Property not subject to the dispute) and setoff such Commissions in full or partial satisfaction of any amounts You owe to Us.

J. UNAUTHENTICATED, COUNTERFEIT, OR STOLEN ITEMS

To prevent the sale of counterfeit and stolen goods on the Service, Our mission is to prevent the sale of counterfeit and inauthentic goods and thus having an authentication process from a Third Party source. Before you agree to use Our Service, You are responsible in the first instance for ensuring the authenticity of all items You provide to us. If We cannot confirm the authenticity of any item of Property You have provided, We may, in Our sole discretion, refuse to accept the item and return it to You. If We determine at any time that an item is counterfeit, unapproved, allegedly stolen, or offered for sale in an unauthorized geographic market (for example, gray market goods), We will notify You that we have made such a determination and You will have an opportunity to provide proof of purchase or other proof of authenticity, including sales receipts and other indications of origin or provenance acceptable to Us. Any item that We finally determine, in Our sole discretion, to be counterfeit will not be returned to You and will be destroyed by a certified third-party vendor or, in Our sole discretion, turned over to the appropriate law enforcement agency. We also fully cooperate with brands seeking to track down the source of counterfeit items and in addition to the rights above, if required by court order or directive of law enforcement, We may reveal to brands the contact information of sellers submitting goods that have been challenged as infringing, unapproved, suspicious, allegedly stolen, or offered for sale in an unauthorized geographic market (for example, gray market goods). We reserve the right, in Our sole discretion, to deny the use of Our services to any consignor who submits counterfeit items for sale on the Service.

We are subject to laws and regulations relating to claims that items offered to Us or on the Service are counterfeit, have been stolen, or otherwise violate applicable law. We take such reports seriously and will cooperate with law enforcement in all investigations.

J. TERMINATION; DENIAL OF SERVICE

You and We may each terminate this Agreement in writing at any time, for any reason. Termination will be effective on the date of such notice and any applicable costs relating to return of Consigned Property listed under will apply. We reserve the right, in our sole discretion, to deny or terminate access to Our services of any customer who engages in behavior We deem inappropriate.

L. NO ASSIGNMENT

You may not assign this Agreement or any interest You have in it without Our prior written consent. Any prohibited assignment is null and void. This Agreement will inure to the benefit of, and are intended to be enforceable by, the parties and their respective successors and assigns.

M. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Consign of the Times, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

N. INDEMNIFICATION

You hereby represent and warrant that (a) You are at least 18 years of age, (b) You have good and marketable title to each item of Consigned Property and as the legal and equitable owner have full authority to consign and sell the Consigned Property, (c) none of the Consigned Property is subject to any liens or other encumbrances; (d) the Consigned Property is not counterfeit goods; (e) the Consigned Property does not infringe upon, misappropriates, or violates any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation; and (f) the Consigned Property is not from, or the result of, illegal activity, including theft or fraud. You further represent and warrant that no transaction initiated by You, including the purchase by Us will cause Us to be in violation of any anti-money laundering, anti-terrorism, or other applicable state or federal law of the United States of America, any state, or any foreign country. You will indemnify and hold Us harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable attorneys’ fees and costs, incurred by Us as a result of or arising in any way out of Our display or sale of the Consigned Property. You agree to indemnify, defend and hold harmless The Green Bag and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a Third Party.

O. GOVERNING LAW

This Agreement, or the breach thereof, and all claims of any kind relating to or arising out of this Agreement and the relationship between You and The Green Bag, whether tort, contract, or statutory, will be governed exclusively by the laws of Oklahoma, without regard to its conflicts of laws principles (whether of Oklahoma or any other jurisdiction). Any Dispute between You and Us that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts of Oklahoma and the United States, respectively, sitting in Oklahoma County, Oklahoma. The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to this Agreement or any sales or consignments made under this Agreement.

P. CHANGES TO THIS AGREEMENT

We may, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. You will be bound by all revised terms on the effective date, including any changes to the Commissions or Commission Rates, unless You terminate this Agreement before the effective date of the revised terms. If You do not agree to any revised terms, Your sole recourse is to terminate this Agreement.

Q. ENTIRE AGREEMENT

This Agreement, including Our Terms of Service (available at https://the-green-bag-rent.myshopify.com/pages/terms-of-service) and any terms, any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

R. NO IMPLIED WAIVER

Any failure by You or Us to enforce any provision of this Agreement will not constitute a waiver of such provision or of any other provision of this Agreement.

S. SEVERABILITY

If any term of this Agreement is found by any court to be void or otherwise unenforceable, the remainder of this Agreement will remain valid and enforceable as though such term were absent upon the date of the execution of this Agreement.

T. THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

U. NOTICES

All notices under this Agreement must be in writing (which includes emails).

If You have any questions or comments about this Agreement, the Service or wish to terminate this Agreement, please contact Us by email at: info@mygreenbag.com.

We will provide all notices to You at the email address or physical address that You have provided to Us. You are solely responsible for keeping that information current and accurate.

All agreements, notices, disclosures, and other communications that We provide electronically to You satisfy any legal requirement that such communications be in writing.

V. DISPUTE RESOLUTION PLEASE READ THIS ARBITRATION SECTION CAREFULLY TO UNDERSTAND YOUR RIGHTS, BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

(i) Scope

For all matters, disputes, or claims between You and Us arising from or related to this Agreement or Your relationship with Us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including any dispute about the interpretation or application of this dispute resolution provision or the enforceability, revocability or validity of this arbitration provision or any portion of the arbitration provision will be resolved first amicably and then through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. YOU AND THE GREEN BAG WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO HAVE ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES RESOLVED IN COURT.

(ii) AMICABLE RESOLUTION

In the event of a Dispute, You and The Green Bag will first negotiate in good faith to informally resolve the Dispute. You may notify Us of a Dispute by emailing Us at info@mygreenbag.com.The notice must specifically describe the nature of the Dispute and the relief You seek. You and The Green Bag will have sixty (60) days from the date of receipt of such a notice to try to resolve the Dispute (or such longer period as You and The Green Bag may agree upon in writing). If the Dispute is not resolved satisfactorily within sixty (60) days after You or The Green Bag receives notice from the other party in accordance with “Notices” at Section above, You or The Green Bag can submit the Dispute to binding arbitration in accordance with the arbitration provisions below.

(iii) BINDING ARBITRATION

Except for any controversy or claim properly filed and pursued in small claims court on an individual basis that remains unresolved after You and The Green Bag attempt to resolve it informally will be resolved by binding arbitration brought on an individual basis, in which case either You or The Green Bag may commence confidential binding arbitration under the terms in this section. The arbitration will be administered by the American Arbitration Association (AAA) under the Consumer Arbitration Rules (available online at www.adr.org or by calling 1-800-778-7879), as amended by this Agreement. The place of arbitration will be in the County of Oklahoma, Oklahoma. The arbitration will be conducted by a single arbitrator, selected by the AAA in accordance with the applicable Consumer Arbitration Rules. The arbitration may be held by teleconference or by video conference unless the arbitrator determines upon request by You or by Us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel, the expense and other pertinent circumstances. If the parties are unable to agree on a location, such determination shall be made by the arbitrator. The arbitrator’s decision(s) shall be final and binding. The arbitrator shall have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. Any award of the arbitrator may be entered as a judgment in any court having jurisdiction.

(iv) SMALL CLAIMS COURT ACTION

If You entered into this Agreement individually, You have the choice to submit any Dispute before a small claims court, if applicable, instead of having the Dispute resolved by arbitration. You can make this choice either before or after the Dispute is submitted for resolution by Arbitration.

(v) CLASS ACTION AND LITIGATION WAIVER

BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY FOR ANY CLAIM SUBJECT TO ARBITRATION. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, CLASS ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP AND WAIVE THE ABILITY TO PARTICIPATE IN A CLASS ACTION. COMBINING INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES IS ALSO NOT ALLOWED. DISPUTES REGARDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE FOREGOING CLASS ACTION WAIVER SHALL BE EXCLUSIVELY RESOLVED BY AN ARBITRATOR APPOINTED BY THE AAA, PURSUANT TO THE APPLICABLE ARBITRATION RULES, AS DETAILED IN THIS SECTION.

W. MISCELLANEOUS.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of this Agreement or Your access to and use of the Service. Except as otherwise expressly provided in this Agreement, there will be no third-party beneficiaries to this Agreement

X. PRIVACY

Your use of the Website is subject to The Green Bag Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.