2. REGISTRATION OBLIGATIONS
You must register for a membership in order to access some of the features of the Service. When completing the registration form, you will provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or Co-op has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, Co-op has the right to suspend or terminate your membership and access to the Service. You are responsible for obtaining access to the Service, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Service. You will provide a password and email address as part of the registration process. You are responsible for maintaining the confidentiality of your password and email address, and are responsible for all activities that occur with your password and email address, including all purchases made by your membership on the Service. This means that, unless your password and login name, or credit card information is obtained unlawfully or fraudulently, you will be responsible for all fees incurred and purchases made by your membership. You will immediately notify Co-op of any unauthorized use of your membership or any other breach of security.
3. MEMBERSHIP, PURCHASES
Individuals may obtain a membership with the Service without paying a fee. In addition, Co-op will collect your address and credit card information if you elect to participate in a group purchase that is managed by the Co-op. When you provide credit card information to Co-op, you represent to Co-op that you are the authorized user of the credit card.
4. PROHIBITED USES
You agree that you will not: a. impersonate any person, including a Co-op employee or agent on the Service; b. violate any local, state, or national law through or on the Service; c. harass people through or on the Service; d. collect or store data about other people using the Service; e. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; f. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; g. use the Service in any manner other than as expressly authorized in the Terms; h. use any robot, spider, other automatic device, or manual process to monitor or copy any content on the Service; or i. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
5. OWNERSHIP AND RESTRICTIONS
The license granted in these Terms does not constitute a transfer or sale of Co-op's ownership rights in the information provided by the Co-op. Co-op retains all right, title, and interest in and to the Co-op information including all related intellectual property rights. You will use your best efforts to prevent and protect the contents of Co-op information from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the service, including Co-op information, or your rights and obligations pursuant to the Terms. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service, including Co-op information, unless expressly authorized in the Terms.
You may not register or use the Service if you are under 13 years old except with the permission of your parents. By registering, installing, and accepting these Terms you represent to Co-op that you are at least 13 years old or have your parent's permission.
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8. USER WARRANTY
You represent and warrant to Co-op: (a) that you have full power, authority, and legal capacity to enter into this Agreement and follow its obligations; (b) you will provide complete and accurate information to Co-op, including, but not limited to your email address; (c) the charges incurred by you will be honored by your credit card company.
You will indemnify and hold Co-op, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of the Terms, or your violation of any rights of a third party.
10. MODIFICATIONS TO SERVICE
Co-op reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. Co-op will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
The Service may provide links to third party web sites. Co-op has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or services available from these sites. Co-op will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through these sites.
13. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CO-OP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CO-OP OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
14. LIMITATION OF LIABILITY
CO-OP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CO-OP HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL CO-OP'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO CO-OP IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE Terms. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. TRADEMARK INFORMATION
Co-op, the Co-op logo, and other Co-op logos, products and service names are trademarks of Co-op. You must not display or use them in any manner. The exception to is are the Co-op 'buttons' provided for links back to the Co-op website, which may be used on other web sites.
Any legal controversy or legal claim arising out of or relating to the Terms or the Service, excluding legal action taken by Co-op to collect fees or recover damages for, or obtain an injunction relating to, Co-op's intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in San Mateo, California, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or Co-op may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Clara, California necessary to protect the rights or property of you or Co-op pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
17. GENERAL INFORMATION
Co-op may provide notices to you pursuant to the Terms through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The Terms constitutes the entire agreement between you and Co-op and governs your use of the Service, superseding any prior agreements between you and Co-op. You also may be subject to additional terms and conditions that may apply when you use other Co-op products or services. The Terms and the relationship between you and Co-op will be governed by the laws of the State of California, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in Santa Clara, California. The failure of Co-op to exercise or enforce any right or provision of the Terms will not constitute a waiver of the right or provision. If any provision of the Terms is found to be invalid, the other provisions of the Terms will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after the claim or cause of action arose or be forever barred.