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Terms of Service

Treeline TERMS OF SERVICE

The Sails Company (“Treeline”) is pleased to give you access to our website and related applications and resources (collectively, the “Service”). Your use of the Service is subject to the binding legal agreement set forth below (“Terms”).

OUR SERVICE IS INTENDED FOR USE BY PERSONS OVER THE AGE OF 13. YOU MUST BE 13 YEARS OLD OR OLDER IN ORDER TO ACCESS AND USE OUR SERVICE. IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE, YOU MUST OBTAIN YOUR PARENT’S OR LEGAL GUARDIAN’S PERMISSION TO ACCESS AND USE OUR SERVICE.

TERMS SUBJECT TO CHANGE

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue all or any part of the Service, including, but not limited to (i) restricting the time all or any part of the Service is available, (ii) restricting the amount of use of all or any part of the Service is permitted, and (iii) restricting or terminating any user’s right to use all or any part of the Service, with or without notice; (b) charge fees in connection with the use all or any part of the Service; (c) modify or waive any fees charged in connection with all or any part of the Service; or (d) offer opportunities to some or all users of all or any part of the Service. You agree that neither we nor any of our affiliates will be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Service, in whole or in part, or of any service, content or feature offered through the Service.

You understand we may revise these Terms from time to time without giving you any notice. If we make a material change to the Terms, we will give you notice at least seven days before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of all or any part of the Service following the posting of changes to these Terms will mean you accept those changes. Unless we let you know by posting changes to these Terms or otherwise giving you notice, any new features or updated content or applications that we make available in connection with the Service will be subject to these Terms. We may provide notice of changes to these Terms by posting a notice or link to a notice on our homepage or your account login page.

BY USING THE SERVICE, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE SERVICE FOR ANY PURPOSE.

HOW YOU CAN USE THE SERVICE

Treeline grants you a personal, revocable, non-exclusive, non-sublicensable and non-transferable right and license to use the Service in the manner permitted by the Terms. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, applications, products or other materials obtained from the Service, except as set forth in these Terms. Additionally, you may not: frame or mirror any part of the Service without our express prior written consent; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service, create a database by systematically downloading and storing content from the Service; intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather information, content or other materials from the Service or reproduce or circumvent the navigational structure or presentation of the Service.

Except for allowing you to use the Service as expressly set forth in these Terms, when you use the Service you are not receiving a license or any other rights from us, including any intellectual property or other proprietary rights of Treeline. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICE OR ANY OTHER TREELINE PROPERTY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

ACCOUNTS

In order to access some features of the Service, you will have to create an account. In some cases, you may be asked to agree to changes to these Terms when you login to your account and if you do not agree to the new Terms you may reject the changes by terminating your account, in which case you will no longer be allowed to use the Service.

You agree not to use another’s account without permission. When creating your account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Treeline will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Treeline or others due to such unauthorized use.

Treeline, in its sole discretion, may refuse to recognize the transfer of any accounts or any other information or attributes associated with any accounts. You may not purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, or offer to purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, and any such attempt shall be null and void.

BETA SERVICES; USER FEEDBACK

You understand that certain versions or features of the Service may be offered, from time to time as a "Beta Service" which means that they are still under development and that they are being provided for the purpose of gathering input about the way you use those versions or features, the stability of those versions or features or other information helpful as we develop non-Beta versions. When using a Beta Service, you are considered a "Beta User." We grant Beta Users a personal, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Beta Service, solely for testing and evaluation purposes. We reserve the right to discontinue the Beta Test at any time and to refrain from offering a commercial version of the Beta Service. We also reserve the right to alter features, licensing terms, or other characteristics of any commercial version of the Beta Service we may choose to release. As a Beta User, you acknowledge that the Beta Service is experimental and may have defects or deficiencies that cannot or will not be corrected by Treeline and/or its licensors or other suppliers. Treeline is under no obligation to release the Beta Service commercially, to continue offering the Beta Service, to provide Beta Users with any hard-copy documentation, support, assistance, error corrections, updates, upgrades, bug fixes and/or enhancements, or to offer any final version the Beta Service to Beta User. Beta Users have sole responsibility for the adequate protection and backup of their data used with the Beta Service. Certain Beta Services may be provided to you contingent on your agreement not to disclose any information about the nature of the Beta Services, your experience using the Beta Services or other aspects of the Beta Services features, functionality, technical specifications or quality. In such cases, you hereby agree not to disclose such proprietary information to any third party without the express written consent of Treeline.

You acknowledge that feedback concerning your experiences with the Service is essential to its improvement. You agree that Treeline or its licensors may gather information from you relating to your use of the Service, including frequency of nature of use. You also agree that we may solicit your feedback concerning your experience with this Beta Service via a survey or other means. Such information will be used in connection with evaluating and improving the Service. You agree that Treeline may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Service. You hereby grant Treeline a royalty-free, fully-paid, worldwide, exclusive, transferable, sublicenseable, irrevocable and perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Service.

CONTENT / SUBMISSIONS TO THE SERVICE

If you post, link to or contribute any information, materials or content (collectively, referred to herein as “Content”), you guarantee, represent and warrant to us that:

  1. You have legal rights to post, contribute or link to such Content and it will not violate any law or the rights of any person;
  2. While you or the rightful owner of the Content retain all of ownership rights in the Content, you give us (and have the necessary rights to give us) the royalty-free, irrevocable, perpetual, worldwide right to allow other people to access and use the Content as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, consistent with the purposes and function of the Service;
  3. You are entirely responsible for all Content you upload, post, e-mail, transmit or otherwise make available in any way by or through the Service;
  4. You have the written consent, release or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Service and these Terms; and
  5. For all Content, including all information and materials of any kind posted or provided by any user by or through the Service, you understand that we are not responsible for the accuracy, completeness or usefulness of such Content, nor do we endorse any Content; we do not verify the identity of people using the Service; and we do not screen, monitor, edit or review Content before it appears on the Service. We do have the right, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe doing so will improve the Service. We can also suspend or terminate use of the Service by anyone who does not follow these Terms. Nevertheless, because we do not undertake any obligation to screen, monitor, edit or review Content before it appears on the Service, you understand that by using the Service, you may be exposed to Content that is harmful, offensive or objectionable.

You acknowledge that Treeline has no responsibility or liability for the deletion or failure to store any Content or any other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up any Content.

INTELLECTUAL PROPERTY

The Service is owned by Treeline or its licensees and protected by applicable law, with all rights reserved. Treeline takes the protection of intellectual property rights, including copyrights, very seriously. Treeline will terminate your access to, or use of, all or any part of the Service, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others.

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to Treeline if they have a good-faith belief that their protected works are being infringed. Treeline will respond to all such notifications that are sent to:

The Sails Company
Attn: DMCA Notification
3801 N Capital of Texas Highway
Suite E240, #208
Austin, Texas 78746

To be effective, the notification must be a written communication that includes:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at such site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the provider to locate the material;
  4. Information reasonably sufficient to permit the provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  7. Upon receipt of such notification, Treeline shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After Treeline removes or disables access to such material, if such material was posted by a user of the Service, Treeline will notify the party that posted the material of its action. Such party may then provide Treeline’s designated agent proper “counter-notification” stating his, her or its authority to post the allegedly infringing material, which Treeline will forward to the alleged copyright owner. Treeline will inform the alleged copyright owner that Treeline will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to Treeline’s designated agent stating that it has filed suit against the alleged infringer.

An effective counter-notification must be sent to Treeline’s designated agent, whose name and address are listed above. The notice must include the following information:

  1. The counter-notifying party’s physical or electronic signature;
  2. Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
  3. A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  4. The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where Treeline is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided Treeline with notification or an agent of such a person.

TRADEMARKS

TREELINE is a trademark of Treeline. Other trademarks are the property of their respective owners.

THIRD PARTY SERVICES

The Service may contain links to other sites, applications or content, which links may appear to embed the sites, applications or content hosted or provided by third parties into the interface of the Service. Your use of such other sites, applications or content is subject to the terms of use, if any, governing the use of such sites, applications or content. Treeline is not able to control these third party sites, applications or content, and assumes no responsibility for their subject matter, privacy policies, or practices. If there is any conflict between the Terms set forth herein and any terms or notices set forth with respect to any sites, applications or content provided by any third parties, then the terms of such third party sites, applications or content will control your use of such sites, applications or content. Please review the terms of use for each third party provider of sites, applications or content so that you understand all of the terms that will apply. By using the Service, you expressly relieve Treeline from any and all liability arising from your use of any third-party sites, applications or content.

GOVERNMENT RESTRICTIONS

Any download from the Service or otherwise through the Service is further subject to United States export controls. No downloads may be made from or through the Service, or otherwise exported or re-exported (i) into (or to a national or resident of) Iran, North Korea, Cuba, Syria, and Sudan or any other country to which the U.S. has embargoed goods; or (ii) to any person or entity subject to U.S. sanctions regardless of location. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. The Company is making our Services available to you only on the condition that you certify that you are not such a person or entity and that the download or other use is not otherwise in violation of United States export control and sanctions regulations.

Our Services and related documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, modification, reproduction, release, performance, display or disclosure of our Service or related documentation by or on behalf of the United States Government is subject to restrictions as set forth in these Terms.

PRIVACY POLICY

Any information that we may collect from you during your use of the Service is subject to our Privacy Policy. We encourage you to read and understand our Privacy Policy, which can be accessed at https://treeline.io/privacy-policy.

ACCEPTABLE USE POLICY

We believe that all users benefit from basic rules regarding conduct while using the Service. Widespread use and enjoyment of the Service is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Service:

  1. You will follow these Terms and all applicable laws;
  2. You will never give your password to anyone (no Treeline employee will ever ask for it);
  3. You will not harass, threaten or abuse other people when using the Service in any manner;
  4. You will not interfere with others’ use of the Service or act in a way that negatively affects other users’ enjoyment of the Service;
  5. You will not participate in any action that, in the sole and absolute opinion of Treeline, results or may result in any authorized user of the Service being scammed or defrauded in any way in connection with such user’s use of the Service;
  6. You will not upload, post, e-mail or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
  7. You will not use or exploit any errors in design, features which have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by Treeline, and you will promptly report to Treeline your discovery of any such errors, features or bugs.
  8. You will not attempt to harvest any user names or e-mail addresses from the Service for any purpose;
  9. You will not collect or store personal information about any other individual on the Service, or otherwise stalk, repeatedly contact or harass another user;
  10. You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Treeline; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
  11. You will not manipulate the Service so as to hide your identity or participation in the Service (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier);
  12. You will not post any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Service, users’ ability to enjoy the Service, or the proper functioning of any software, hardware or equipment or materials used in connection with the Service;
  13. You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Service; and
  14. You will not use the Service for any illegal or unauthorized purpose.

If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Service without giving you any notice. In the event that your rights to use the Service are terminated, you will immediately lose access to any information that may be on the system.

We can terminate your access to the Service at any time. We may also remove any Content that you post without cause and without notice to you.

YOU UNDERSTAND THAT TREELINE IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SERVICE FOR ANY REASON, WHETHER BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.

INDEMNITY

YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SERVICE AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD TREELINE AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE SERVICE, THE CONTENT YOU CONTRIBUTE OR LINK TO, OR YOUR ACCESS TO THE SERVICE, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.

WARRANTY DISCLAIMER

YOU UNDERSTAND THAT YOUR USE OF THE SERVICE (INCLUDING ANY DOWNLOAD FROM THE SERVICE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT TREELINE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT TREELINE DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, TREELINE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE.

LIABILITY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF OUR SERVICES (OR YOUR INABILITY TO USE OUR SERVICES), IN NO EVENT WILL TREELINE OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE SERVICE, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR TREELINE, EVEN IF TREELINE HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES OR (B) ANY OTHER DAMAGES IN EXCESS OF USD$100.00 OR, IF GREATER, THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH OUR SERVICES IN THE SIX MONTHS PRIOR TO SUBMITTING NOTICE OF YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF TREELINE OR ITS AFFILIATES SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH OUR SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL TREELINE OR ITS AFFILIATES BE LIABLE FOR A FAILURE OR DELAY TO PERFORM RESULTING FROM CAUSES OUTSIDE THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, NATURAL DISASTERS, WAR, TERRORISM, GOVERNMENT ACTION/INTERVENTION, ACCIDENTS, STRIKES, LABOR ISSUES, GEOPOLITICAL CONFLICTS, OR DISRUPTIONS TO TRANSPORTATION, SUPPLIES, POWER, OR NETWORK INFRASTRUCTURE.

GOVERNING LAW

These Terms are made under and will be governed by and construed in accordance with the laws of the State of Texas, consistent with the Federal Arbitration Act, without giving effect to any principals that provide for the application of the law of another jurisdiction. If you are a California resident, you waive the rights afforded to you under California Civil Code § 1542, and if you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER

PLEASE READ THIS PROVISION CAREFULLY BECAUSE IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES BETWEEN YOU AND US THROUGH BINDING ARBITRATION INSTEAD OF THROUGH A JUDGE OR JURY TRIAL AND CLASS OR REPRESENTATIVE ACTION. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF OUR RELATIONSHIP AND THESE TERMS.

  1. Scope of Arbitration Provision. This provision is intended to be interpreted broadly to encompass any and all controversies, disputes, demands, claims, or causes of action between you and us relating to these Terms (as well as any related or prior agreement that you may have had with us), including, without limitation, the interpretation and scope of this provision and the arbitrability of the controversy, dispute, demand, claim, or cause of action or your use of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) (each, a “Claim”). You and we agree to resolve any Claim exclusively through binding and confidential arbitration, as set forth in this provision. As used in this provision, “we” and “us” mean the Company, its predecessors, successors, and assigns, and all of its and their respective employees, officers, directors, agents, and representatives. In addition, “we” and “us” include any third party providing any product, service, or benefit to you or us in connection with these Terms (as well as any related or prior agreement that you may have had with us or them) or our Services if such third party is named as a co-party with us in any Claim.
  2. Small Claims Court and Equitable Relief Exclusions. To the extent permitted by applicable law, you are giving up your right to go to court to assert or defend your rights, except for matters that you file in small claims court in the state or municipality of your residence within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.
  3. Governing Rules and Procedures. You and we agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. You and we further agree that the arbitration will not be subject to any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association (“AAA”). Unless otherwise agreed upon by the parties in writing, the arbitration will be governed by AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”). The Rules and Procedures and information about arbitration and fees are available upon request from AAA by phone at 1-800-778-7879 or online at www.adr.org.
  4. Informational Dispute Resolution/Demand for Arbitration Required. The party wishing to initiate arbitration must submit a written demand for arbitration (“Demand”) to the other party. If you want initiate a Claim, you must first submit a Demand by certified mail to The Sails Company, Attn: Legal Notification, 3801 N Capital of Texas Highway, Suite E240, #208, Austin, TX 78746. If we want to initiate a Claim, we will serve a Demand upon you by sending a copy by certified mail to your last known address as is available in the public record. You and we agree to service of process in this manner. Any Demand by either party must identify the parties to the Claim, describe the legal and factual basis of the Claim, and specifically state the remedy being sought. The Demand must be sent within the time limits that would apply to a party’s Claim if it were being resolved in a court and not by arbitration. The sent date will be determined by the date of postmark on the envelope in which the Demand is mailed. If the Claim is resolved within 60 days, the Demand will not be forwarded to AAA for initiation of an arbitration.
  5. Arbitration Procedures. If a Demand for arbitration is made and the Claim is not resolved within 60 days, the Demand may be forwarded to AAA by the party that prepared the Demand. In addition to other agreements in this arbitration provision, you and we agree that: (i) any Claims brought by you or us must be brought in the party’s individual capacity, and not as a representative plaintiff or class member in any purported class or representative proceeding -- YOU ARE WAIVING ANY RIGHT TO BRING A CLAIM AS PART OF A CLASS ACTION OR REPRESENTATIVE ACTION; (ii) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; (iii) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary and reasonably appropriate to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (iv) we also reserve the right, in our sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration; (v) the arbitrator will honor claims of privilege and privacy recognized at law; (vi) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; (vii) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party and, in such instance, the fees and expenses awarded will be determined in accordance with the applicable law; (viii) the arbitrator may not award relief in excess of or contrary to the law governing the Claims, including, but not limited to, punitive damages; (ix) the arbitrator must apply the Federal Rules of Evidence; (x) the losing party may have the award reviewed in accordance with the review procedures set forth in the Rules and Procedures; and (xi) judgment on any arbitration award may be entered in any court having proper jurisdiction.
  6. Location of Arbitration. Unless you and we agree otherwise, any arbitration will take place in the federal judicial district of your residence.
  7. Selection of the Arbitrator. You and we agree that the arbitrator will be selected by mutual agreement. Unless the parties agree otherwise, the arbitrator will be from AAA and have substantial experience in resolving consumer-related disputes. If the parties have not agreed upon an arbitrator within 30 days of the filing of a Demand with AAA, you and we agree that AAA will be authorized to appoint an arbitrator who will act under these Terms with the same force and effect as if the parties had selected the arbitrator by mutual agreement.
  8. Costs of Arbitration. All administrative fees and expenses of arbitration will be determined by AAA or the arbitrator in accordance with the Rules and Procedures.
  9. Confidential Arbitration and Award. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
  10. Arbitration Provision Survives Termination of Our Relationship. This arbitration provision will survive termination of our relationship and these Terms as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us.
  11. Arbitration Provision is Severable. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein.
  12. Opt-Out of Arbitration. If you wish to opt out of the arbitration provision contained in these Terms, you must notify us of your election in writing within 30 days of the date that you first became subject to the arbitration provision or within 30 days of the effective date of any material change to these Terms. You can opt out by sending a written request to us by certified mail at the following address: The Sails Company, Attn: Legal Notification, 3801 N Capital of Texas Hwy Ste E240, PMB 208, Austin, TX 78746-1482. Your opt-out request must include your name, address, phone number, and email address.

ENTIRE AGREEMENT

Except to the extent you and Treeline have entered into a separate written agreement that is expressly intended to supersede these Terms either in whole or in part, these Terms are the entire agreement between you and Treeline and they supersede any and all prior or contemporaneous agreements between you and Treeline relating to your use of the Service. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable. Notice to you may be made by displaying notices or links to notices to you generally on the Service. IN THE EVENT THAT YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE FOR ANY PURPOSE.

Last Updated: June 30, 2015