Terms of Service UPDATE!!

Updated January 26, 2021

INTRODUCTION

Welcome to the A Rocha USA Websites and thank you for using our services. Our suite of web sites include arocha.us, loveyourplace.org, ecochurch.us, wildwonder.us, arochaadventures.org, climatestewards.us, and climatecaretakers.org (collectively, the “Websites), along with various applications and tools that we operate on third-party websites and devices (such as WordPress, Kajabi, Facebook and payment processor such as Square and Stripe) and other services we offer as part of the Website (such services offered through the Websites, applications or tools collectively, the “Services”).

ACCEPTANCE OF TERMS

Your use of the Websites and Services or any portion thereof is subject to the following Terms of Service. By accessing and using the Websites and Services you are agreeing to be bound to the Terms of Service. We encourage you to review these Terms of Service, along with the Privacy Policy, which is incorporated herein by reference, as they form a binding agreement between us and you. If you object to anything in these Terms of Service, the Privacy Policy, or any other policy or any term or condition thereof, or become dissatisfied with the Website or Services in any manner, your sole remedy is to do not use the Websites and Services.

We may change these Terms of Service, in whole or in part, at any time, with or without notice, and at our sole discretion. Posting of the updated Terms of Service on the Websites will constitute notice to you of any such changes, although we may choose other types of notice for certain changes. Changes will become effective upon posting. You agree to be bound by any such changes immediately upon their posting. Your continued use of the Websites or Services following notice shall constitute your acceptance of all changes, and each use of the Websites or Services constitutes your reaffirmation of your acceptance of these Terms of Service. If you do not agree to the changes to these Terms of Service, you sole and exclusive remedy will be to terminate your account and cease use of the Websites or Services.

INDEX OF PROVISIONS

Becoming a Member of and Registering for the Services
Paid Services
Special Terms that Apply to A Rocha Community Users
Our Property Rights
Availability of Services
Third-Party Offers
Linking To or From Our Services
Termination
COPYRIGHT INFRINGEMENT POLICY
DISCLAIMER OF WARRANTIES
LIMITATIONS OF LIABILITY
INDEMNIFICATION
DISPUTE RESOLUTION
Miscellaneous Terms

1. BECOMING A MEMBER OF AND REGISTERING FOR THE SERVICES

A. Accessing the Services and Becoming a Member. THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS 13 YEARS OF AGE AND OLDER. BY ACCESSING AND USING THE SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 13 YEARS OLD. Our Services are primarily intended to be utilized by residents of the United States and we may limit or restrict access to the Websites and Services based on your geographic or ISP location.

While there are parts of the Services where access requires the payment of a fee (”Paid Services”), there is no cost to register to become a member of the Services. The specific Services available to you will vary depending upon (1) whether you register as a member, (2) the affiliation(s) to which you have self-identified, and (3) whether or not you choose to purchase Paid Services.

B. Your Information. We will collect, store, compile and utilize information about you, your computer, smartphone or other device, and your use of the Services, including information that you provide in response to questionnaires, surveys and registration forms. Please review our Privacy Policy for more information about our privacy policies and practices. For your part, you agree that all information that you provide to us or post on the Services is complete, accurate and up to date. If any of your information changes, you agree to update it. If you fail to update your information or if all or part of your information is (or appears to be) untrue, inaccurate, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services, without refund to you of any fees paid.

Without limiting any of the foregoing, you are responsible for ensuring that the email address you provide to us is valid and that the services, software or systems you use to access your email (“Email Systems”) do not block or filter Communications (as defined below). We ask that you use your personal email address when registering. If you provide us with a non-personal email address or use an Email System that interferes with the delivery of Communications, we may not be able to provide you with certain Services. Your failure to provide us with an email address to which we can consistently deliver email may result in the termination of your account.

C. Your Password. During the registration process we may provide you with a unique registration number. We will also either ask you to create a password or assign you a random password, which you can change at any time by logging onto the “Account” portion of the Services. Alternatively, you may have the option of using your Facebook login credentials or similar login processes or co-registration forms from or on other third party websites to create an account and authenticate your access to the website. Because any activities that occur under your registration number or password are your responsibility, it is important for you to keep your registration number and password secure. You agree that you will not allow any other person to use your registration number or password to access the Services. Notify us immediately if you believe that someone has used your registration or password without your authorization.

D. Communications. From time to time we will send you communications, in keeping with our Privacy Policy and as otherwise permitted in these Terms of Service (“Communications”). Please note that any number of issues may interfere with your receipt of such Communications, including some types of Email Systems that may use filtering or blocking techniques that are intended to block email. We are not responsible for the actual delivery or your actual receipt of these Communications.

2. PAID SERVICES

Access to some of the Services may require the purchase of Paid Services. If you elect to purchase Paid Services, you agree to our storage of your payment information and understand that your Paid Services are personal to you, such that you may not transfer or make available your account name (and/or registration number) and password to others. Any distribution by you of your account name and password may result in cancellation of your Paid Services without refund and/or additional charges based on unauthorized use. We reserve the right, from time to time, to change the Paid Services, with or without prior notice to you.

A. Payment. Prices for all Paid Services are in U.S. dollars and exclude any and all applicable taxes, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. If you purchase Paid Services, you agree to pay, using a valid credit or debit card or other form of payment that we may accept from time to time (“Payment Method”), the applicable fees and taxes (if any) set forth in the offer that you accepted. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated Payment Method on the terms described in the specific offer. If payment cannot be charged to your Payment Method or your payment is returned to us for any reason, we reserve the right to either suspend or terminate your access to the unpaid-for Paid Services. It is your responsibility to ensure that sufficient funds are available to cover the charges for the Paid Services, and we have no liability for any overdraft or other fees that you may incur as a result of our processing of your payment.

B. Automatic Renewal Program. Upon your acceptance of an offer for the purchase of any subscription-based Paid Services, you will be enrolled in our automatic renewal program to help ensure that there is no interruption in your access to such Paid Services. Under this program, you authorize us to automatically renew your subscription at the end of the term of the subscription you purchased, and each subsequent term, for the same term length of the subscription you initially purchased (unless otherwise stated in the offer you accepted). Unless you change your renewal status as described below, at the time of each such renewal you authorize us to charge your designated Payment Method at the then-current, non-promotional price (unless otherwise stated in the offer you accepted) for the renewal of your subscription. If you no longer want to be enrolled in our automatic renewal program, you can change your renewal status at any time by contacting us at [email protected].

Please note that completing these steps will only stop future automatic renewals of your subscription and will not impact any automatic renewals that occurred prior to the date that you completed these steps.

C. Current Information. You must provide us with current, complete and accurate information for your Payment Method. You must promptly update all information to keep your Payment Method current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify us if your Payment Method is cancelled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made by accessing the Account portion of the applicable Website or by contacting the applicable Customer Support number noted above. If you fail to provide us with any of the foregoing information, you agree that you are responsible for fees accrued under your Payment Method. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.

D. No Refund Policy. All fees relating to Paid Services, including the initial fees and any subsequent automatic renewal fees (as described above), are non-refundable. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may in our discretion cancel your Paid Services immediately. If we successfully dispute the reversal, and the reversed funds are returned to us, you are not entitled to a refund or to have your Paid Services reinstated.

3. SPECIAL TERMS THAT APPLY TO A ROCHA COMMUNITY USERS

A. Definition of A Rocha Community Users.

A Rocha Community Users are defined as all participants engaged in various A Rocha programs including our Community Hub website (community.arocha.us), Love Your Place Member Subscriptions (loveyourplace.org), Climate Stewards (climatestewards.us), Climate Caretakers (climatecaretakers.org), A Rocha Adventures (arochaadventures.org), Creation Care Camp (wildwonder.us) and/or Eco Church Member Subscriptions (ecochurch.us).

B. A Rocha Community Member Conduct – Community Guidelines. The A Rocha Community Websites and Services contain areas that enable members to communicate and share information, including without limitation sending email through the Websites or the Services, providing information on your profile pages, and posting information on message boards, forums and other areas where you may interact with other members (collectively, the “Communication Tools”). When you use the Communication Tools, you may have the opportunity to disclose, post, upload, or otherwise publicly display, or to share directly with other members, information and other content, including without limitation biographical information, photographs, stories and comments (collectively, “Content”). While we may provide you with these Communications Tools, we also wish to remind you that you should choose carefully what information you post via the Websites or the Services and share with other members.

You are required to use the Communication Tools responsibly, just as you would act responsibly when communicating or interacting with others in your offline communities. As a result, we expect and require that you take full responsibility for the Content that you post on or send through the Communication Tools. All Content posted on, sent, or transmitted through the Communication Tools, the Websites, or the Services is the sole responsibility of the person who provided the Content and not A Rocha. We have established some “Community Standards” that outline your responsibilities when using the Communication Tools.

The following A Rocha Community Standards apply to and govern your use of the Communication Tools:

Do not create a false identity, impersonate any person or entity, or otherwise misrepresent yourself, your age or your affiliation with any person or entity
Do not register more than one personal membership or register on behalf of another person
Do not post telephone numbers, street addresses or email addresses in Content that is generally accessible on the Services to other users, other than in private correspondence
Do not engage in behavior meant to threaten, harass, intimidate or bully others or which constitutes predatory or stalking conduct
Do not use the Services as a venue to air personal disputes with other individuals
Do not provide any Content that is illegal, obscene, pornographic or sexually explicit, depicts graphic or gratuitous violence or illegal drug paraphernalia, or is derogatory, demeaning, malicious, defamatory, abusive, hateful, racially or ethnically offensive, or otherwise determined to be objectionable
Do not provide any Content that encourages a criminal offense or infringes, misappropriates, or otherwise violates the intellectual property rights or other rights of any third party
Do not post web addresses that link to pornographic or inappropriate content, websites that promote your or someone else’s commercial gain, websites that provide services similar to those offered by us, or any other content that violates these Community Standards
Do not provide or post private communications from us or any other party without such party’s permission
Do not copy or re-post content provided by others or otherwise use information or content you obtained on the Services in any manner not authorized by us or the contributor
Do not participate in any unauthorized or unsolicited promotions, advertising, junk mail, spam, or any other form of solicitation, or otherwise use the Services for any commercial purpose
Do not violate any applicable local, state, national and international law or regulation
Do not interfere with, interrupt, destroy or limit the functionality of the Services or any computer software or hardware or telecommunications equipment
Do not try to gain unauthorized access to the Services, other members’ accounts, or computers connected to the Services
Do not collect users’ content or information, or otherwise access the Services, using automated means, such as scripts, bots, robots, spiders or scrapers
Do not do anything that could damage, disable, overburden or impair the proper working or appearance of the Services, such as a denial of service attack or interference with page rendering or other functionality

C. A Rocha Community Member Conduct – Monitoring and Enforcement. We do not actively monitor the Communication Tools or the Content that is provided through such Communication Tools, nor are we obligated to do so. Accordingly, we do not guarantee the accuracy, integrity or quality of the Content and we are not responsible for the Content. Because individuals sometimes choose not to comply with our policies and practices, you may be exposed to Content that you find offensive or otherwise objectionable. By using the Websites and the Services you agree to assume all such risks. We encourage you to use the tools available on the A Rocha Community Websites and Services to report any Content that you think may violate the Community Standards. We may investigate the complaints that come to our attention, but are not obligated to do so. If we choose to investigate, we will take any action that we believe is appropriate in our sole discretion, such as issuing warnings, removing the Content, or suspending or terminating accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. In such cases, we may not remove Content that you believe is objectionable. Please remember that you can always choose to refrain from using any part of the Websites and Services that exposes you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any Content, including any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of, access to or denial of access to any Content. In addition, we are not responsible for the conduct, whether online or offline, of any user of the Websites or Services.

D. Submitting or Posting Content on the A Rocha Community Website. We do not claim ownership of any of the Content you submit or post through the A Rocha Community Services or allow us to obtain from third parties to include in the Services. Instead, you hereby grant us a royalty-free, worldwide, transferable, sub-licensable, non-exclusive, irrevocable, perpetual license to use, reproduce, publish, store, distribute, display, communicate, perform, transmit, create derivative works based upon, and promote such Content (in whole or in part) in any medium now known or hereafter devised. You further agree that other users of the Websites and the Services may use the Content pursuant to the Creative Commons license described below. Please remember that you are ultimately responsible for all of your Content, and you therefore warrant and represent that you are entitled to grant the foregoing license and that the Content does not violate any third-party rights, including but not limited to infringement of any copyrights or violation of any contractual or proprietary rights, and that the Content may be used by other users of the Websites and the Services pursuant to the Creative Commons license described below. No compensation will be paid for the use of your Content.

4. OUR PROPERTY RIGHTS

The Websites and the Services, and all of the content, information and other material that they contain, other than the Content posted by our users, are owned by us, or our third-party licensors, and are protected by intellectual property and other rights and laws throughout the world. Subject to your compliance with these Terms of Service, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable license for the period of your membership to access the Websites and the Services and view and use any materials available on the Websites and the Services for your own personal use only. Use of the Websites or the Services beyond the scope of this license immediately terminates the license. The Websites and the Services contain A Rocha service marks in the form of words, graphics, and logos. Your use of the Websites and the Services does not constitute any right or license for you to use such service marks, without the prior written permission of A Rocha.

While A Rocha and our third-party licensors, own the Content, you are free to use the Content under a Creative Commons (Attribution-NonCommercial 4.0 International License CC BY-NC 4.0).

This means you are free to:

Share — copy and redistribute the material in any medium or format
Adapt — remix, transform, and build upon the material

Under the following terms:

Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
NonCommercial — You may not use the material for commercial purposes.

Visit the Creative Commons website for further details.

5. AVAILABILITY OF SERVICES

We do not provide you with access to the Internet or the equipment necessary to access the Internet or the Services. You are responsible for the fees charged by others to obtain access to the Services and for obtaining the equipment necessary to access the Services. From time to time we may modify, suspend or discontinue any of the Services with or without notice to you. We shall not be liable to you for any such modification, suspension or discontinuance. We may establish certain policies and practices concerning use of the Services, such as the maximum number of email messages, message board postings or other Content that can be sent through the Services and the number of days that these items will be retained on our systems. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through the Services. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you.

6. THIRD-PARTY OFFERS

On a limited basis, we may allow other organization to offer you products and services, including offers through the Services. Whether or not you decide to participate in such an offer is up to you. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. You are solely responsible to exercise due diligence concerning such organizations prior to proceeding with any transaction. You agree that we shall not be liable for any costs or damages you may incur resulting from your decision to enter into such transactions. In the event of a dispute between you and another organization or other users of the Websites or the Services, you and the other party are solely responsible to resolve the dispute, and you hereby release A Rocha, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

7. LINKING TO OR FROM THE SERVICES

You cannot link to the Services without our prior written consent. While the Services may have links to the websites of third parties, we have no control over those websites or organizations. Including links to those websites on the Services does not constitute our endorsement or approval of those websites or organizations. We are not responsible or liable for any content, advertising, products, services, information or other materials on or available from those websites or organizations. We are also not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services, information or other materials on those websites or from those organizations.

8. TERMINATION

You may terminate your account, for any or no reason, at any time by contacting Support on the A Rocha Community Website. We may terminate your account, for any or no reason, at any time, with or without notice. If we determine, in our sole discretion, that you are not in compliance with these Terms of Service, we reserve the right to restrict, suspend or terminate your account. Upon any termination of your account, we may immediately deactivate or delete your account and all related information and/or bar any further access to your account, Content or information. If you have purchased Paid Services from us, any termination by you, or by us with cause, is subject to the no-refund policy described in Section 2 above.

9. COPYRIGHT INFRINGEMENT POLICY

In compliance with the Digital Millennium Copyright Act (“DMCA”), we have established the procedure outlined below to address alleged copyright infringement on the Services. If you believe that your work has been copied and has been posted on the Services in a way that constitutes copyright infringement, you may provide us with notice of your complaint by providing our Designated Copyright Agent with the following information in writing:

The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit us to locate the material;
Your name, address, telephone number, and 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, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

To be effective, your notification must be in writing and include the above information. Our Designated Copyright Agent to receive your notification is: Mark Purcell, A Rocha USA, PO Box 223, Wheaton, IL 60187, 830.522.5319, [email protected].

10. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT:

USE OF THE WEBSITES AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE WEBSITES AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND WE MAKE NO WARRANTY THAT THE INFORMATION ON THE WEBSITES OR THE SERVICES WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, INFORMATION OR OTHER MATERIAL PURCHASED, OBTAINED, OR ACCESSED BY YOU THROUGH THE WEBSITES OR THE SERVICES WILL MEET YOUR EXPECTATIONS. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITES OR THE SERVICES. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE WEBSITES AND THE SERVICES, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

11. LIMITATIONS OF LIABILITY

YOUR USE OF THE WEBSITES AND THE SERVICES IS ENTIRELY AT YOUR SOLE RISK. WE, OUR PARENTS, SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITES AND THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. OUR AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SUCH LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES, PRODUCTS, OR INFORMATION RECEIVED THROUGH, ADVERTISED, OR ACCESSED IN CONNECTION WITH THE WEBSITES OR THE SERVICES OR ANY LINKS ON THE WEBSITES OR THROUGH THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. INDEMNIFICATION

You shall indemnify and hold harmless, and at our request, defend us, our parents, subsidiaries, and other affiliates, as well as their respective directors, officers, shareholders, employees, agents and owners (each, an “Indemnified Party”) from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Services, your submission, posting or transmission of information or Content, or any breach of your obligations set forth in these Terms of Service. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.

13. DISPUTE RESOLUTION

This section describes what rights the parties possess if they have a dispute.

A. Providing Notice of a Claim.The parties agree to arbitrate all disputes and claims between them (“Disputes or Claims”). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (1) Disputes or Claims related in any way to the Websites and Services, billing, privacy, advertising or our communications with you; (2) Disputes or Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (3) Disputes or Claims that arose before your agreement to these Terms of Services or any prior agreement; (4) Disputes or Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (5) Disputes or Claims that may arise after the termination of your use of the Services.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Notice to us must be sent to our customer support address at: A Rocha USA Dispute Resolution, A Rocha USA, PO Box 223, Wheaton, IL 60187. The Notice must include: (1) the nature and basis of your Dispute or Claim; (2) identification or enclosure of all relevant documents and information; and (3) a description of the specific relief that you seek from us.

B. Providing Us an Opportunity to Informally Resolve Your Dispute.Before you may pursue or participate in any Dispute or Claim (or raise such Dispute or Claim as a defense) in arbitration against us, you must first send the Notice described above, and you must allow us a reasonable opportunity to resolve your Dispute or Claim. After we receive your Notice, the parties agree to negotiate in good faith with each other to try to resolve your Dispute or Claim.

C. Agreement to Participate in Binding Arbitration.If the parties do not reach a resolution of your Dispute or Claim within thirty (30) days after we receive your written Notice, you may pursue your Dispute or Claim in arbitration. If the parties cannot reach an informal resolution to the Dispute or Claim within thirty (30) days after our receipt of your Notice, you may commence an arbitration proceeding by sending an arbitration demand (“Arbitration Demand”) to the following address: A Rocha USA Dispute Resolution, A Rocha USA, PO Box 223, Wheaton, IL 60187. The parties agree to arbitrate any Dispute or Claim between them. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

Unless the parties agree otherwise in writing, any arbitration hearings will take place in Gillespie County, Texas (physical headquarters of A Rocha USA – 131 East Main Street, Suite 205, Fredericksburg, TX 78624). The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and the Dispute or Claim being arbitrated will be governed by the laws of the State of Texas, without regard to choice of law principles. Judgment upon any award of the arbitrator may be entered by any court of competent jurisdiction. This provision will be specifically enforceable in any court. THE ARBITRATOR MUST FOLLOW THESE TERMS OF SERVICE AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

YOU AND WE AGREE THAT:

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. NEITHER PARTY SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL DISPUTE OR CLAIM. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S DISPUTES OR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. WE DO NOT CONSENT TO CLASS ARBITRATION. ACCORDINGLY, IF A COURT REFUSES TO ENFORCE THE ABOVE PROVISIONS REGARDING CLASS OR REPRESENTATIVE ACTIONS, THEN THIS AGREEMENT TO ARBITRATE SHALL BE UNENFORCEABLE AS TO YOU. WHETHER A DISPUTE OR CLAIM PROCEEDS IN COURT OR IN ARBITRATION, THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.

This arbitration agreement covers any Dispute or Claim arising out of or relating to any aspect of the relationship between the parties, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, even if the Dispute or Claim arises or may arise before or after the period(s) during which you are receiving the Services. For purposes of this arbitration provision, references to “we” and “us” include A Rocha USA, Inc., its affiliates, and each such entity’s respective directors, officers, employees, shareholders, agents, suppliers and assignees. The AAA Rules evidence a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this section.

The parties must bring any Dispute or Claim arising out of the Website or the Services or related to the AAA Rules, or the relationship between them, within one (1) year after the Dispute or Claim arises, or the Dispute or Claim will be permanently barred.

We may make changes to this arbitration provision during the term of our services to you. You may reject any material changes by sending us written objection within thirty (30) days of the change to A Rocha USA Dispute Resolution, A Rocha USA, PO Box 223, Wheaton, IL 60187. By rejecting any future material change, you are agreeing to arbitrate in accordance with the language of this provision.

14. MISCELLANEOUS TERMS

Our relationship is not one of agency or partnership and neither you nor we shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Services. You may not assign or transfer your rights to any third party. The terms and conditions in these Terms of Service are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other provisions. If we fail to enforce any provision of these Terms of Service it shall not constitute a waiver of such provision. We may assign our rights and obligations under these Terms of Service. These Terms of Service will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Service, or to exercise any right thereunder, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect. These Terms of Service, the Privacy Policy, and any additional terms incorporated by reference herein constitute the entire understanding between us regarding your access to, license and use of the Services and supersede any prior agreements, statements or representations with respect to the same.