Terms and Conditions

Welcome to Premium Crap LLC. This Terms of Use Agreement ("Agreement") sets forth the agreement between Premium Crap LLC ("Premium Crap LLC " or "we" or “us”) and each user ("you" or "user") governing the use by you of our website, mobile site, and all mobile apps (collectively, the “Sites”). Please read this Agreement carefully before using any of the Sites. By using any of the Sites, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use any of the Sites.

The terms of this Agreement may change from time to time. We reserve the right to make any material changes to this Agreement at any time without notice. We encourage you to check this Agreement periodically for any changes. Your continued use of any of the Sites following the posting of changes to this Agreement will mean you accept those changes.

In addition, when using particular services or features or making purchases on any of the Sites, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.

This site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through this Site, including information that may be provided on the Site directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, "Healthcare Professional") regarding any medical or health-related diagnosis or treatment options.

The products and the claims made about specific products on or through this site have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication.

The Sites are not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through any of the Sites, including information that may be provided on any of the Sites directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, "Healthcare Professional") regarding any medical or health-related diagnosis or treatment options. The information provided on any of the Sites and Linked Sites (as defined), including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.

You should not use the information or services on any of the Sites for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements.

If you make a purchase on any of the Sites, your purchase will be subject to this Agreement. By submitting payment information in connection with any such purchase, you agree to be bound by this Agreement.

Prior to Purchase - Acknowledgement required for purchase. All sales are FINAL. By using any of the Sites, you accept this Agreement and you are fully aware that you are irrevocably waiving your right to “Dispute” or “challenge” any fee paid to Premium Crap LLC with their bank or financial Institution. This includes memberships, selected upsells, order amounts, or any financial exchange thru any financial medium selected by purchaser and issued to Premium Crap LLC. By default, should a dispute be issued, a copy of this Agreement will be sent to bank and it is agreed in advance by Default that Premium Crap LLC will prevail in lieu of any dispute as all sales are final and the ability to “dispute” is irrevocably released by purchaser.

By using any of the Sites, you authorize us, to use information regarding your use of any of the Sites, account registration, and any other personal information provided by you.

You acknowledge that all materials on any of the Sites, including any of the Sites’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of Premium Crap LLC or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on any of the Sites, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Premium Crap LLC or the respective copyright owner. Premium Crap LLC authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on any of the Sites (including, without limitation, Premium Crap LLC and any Marks associated with any products available on any of the Sites) are the sole property of Premium Crap LLC and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Premium Crap LLC and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Premium Crap LLC and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Premium Crap LLC. Premium Crap LLC will enforce its intellectual property rights to the fullest extent of the law.

Links on any of the Sites to third party websites are provided only as a convenience to you. If you use these links, you will leave the Sites. Premium Crap LLC does not control or endorse any such third party websites. You agree that Premium Crap LLC will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.

Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of any of the Sites, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

If you provide information on any of the Sites, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by any of the Sites, and (b) maintain and promptly update such information to keep it true, accurate, current and complete to the extent the Sites facilitates such updates. If you provide any information that is false, inaccurate, outdated or incomplete, or Premium Crap LLC has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Premium Crap LLC has the right to suspend or terminate your account and prohibit any and all current or future use of any of the Sites (or any portion thereof) by you.

If you are required to establish an account on any of the Sites, you will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Premium Crap LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on any of the Sites, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Premium Crap LLC.

You agree to use any of the Sites only for lawful purposes, and that you are responsible for your use of and communications on any of the Sites. You agree not to post on or transmit through any of the Sites any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use any of the Sites in any manner that interferes with its normal operation or with any other user's use and enjoyment of any of the Sites.

You further agree that you will not access any of the Sites by any means except through the interface provided by Premium Crap LLC for access to any of the Sites. Creating or maintaining any link from another website to any page on any of the Sites without the prior written authorization of Premium Crap LLC is prohibited. Running or displaying any of the Sites or any information or material displayed on any of the Sites in frames or through similar means on another website without the prior written authorization of Premium Crap LLC is prohibited. Any permitted links to any of the Sites must comply with all applicable laws, rule and regulations.

Premium Crap LLC makes no representation that Materials contained on any of the Sites or products described or offered on any of the Sites are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use any of the Sites and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access any of the Sites from any territory where its contents are illegal, and that you, and not Premium Crap LLC, are responsible for compliance with applicable local laws.

This Agreement is effective unless and until terminated by either you or Premium Crap LLC. You may terminate this Agreement at any time, provided that you discontinue any further use of the Sites. Premium Crap LLC also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to any of the Sites, if in Premium Crap LLC's sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or Premium Crap LLC. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from any of the Sites, as well as all copies of such materials, whether made under this Agreement or otherwise. Premium Crap LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Sites (or any part thereof) with or without notice.

You agree that Premium Crap LLC may terminate or suspend your access to all or part of any of the Sites, without notice, for any conduct that Premium Crap LLC, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or Premium Crap LLC.

Sections IV, VII through XII and XIV shall survive any termination of this Agreement.

Premium Crap LLC Saving Alert

Premium Crap LLC Saving Alert is a mobile text messaging program providing special marketing promotions and exclusive offers. When you enroll, you authorize automated marketing messages be sent to you, and understand that your consent is not required for you to make any purchases. By your use of this service, you certify that you are the account holder or you have the account holder's permission to enroll. Premium Crap LLC Saving Alert is a recurring program and you may receive up to 3 messages per week. Premium Crap LLC does not charge for this service; however, wireless carrier message & data rates may apply. Premium Crap LLC is not liable for delayed or undelivered messages. Product is not compatible with all cell phone models. Your use of this service is bound by this Agreement.

Limit one coupon per customer, excluding the cost of shipping, handling and tax. Offer is exclusive to you only and limited to one time use by the recipient of this SMS message. Coupon has no cash value and cannot be combined with any other offers or coupons or be applied to gift card purchases. Offer not valid on prior purchases. 

Premium Crap LLC Easy Reorder Alert

By enrolling in Premium Crap LLC Easy Reorder Alert you authorize that automated marketing messages would be sent to you. By your use of this service, you certify that you are the account holder or you have the account holder's permission to enroll into the Easy Reorder program and make transactions through text alerts. Receiving Easy Reorder text notifications does not mean you will be required to make any purchases. Premium Crap LLC Easy Reorder Alert is a recurring program. 

Premium Crap LLC does not charge for this service; however, wireless carrier message & data rates may apply. Premium Crap LLC is not liable for delayed or undelivered messages. Product is not compatible with all cell phone models. Your use of this service is bound by this Agreement.

Where applicable at any of the Sites, you are invited to post your own content ("User Content"). Please note that the Sites are intended for adult use; if you are under the age of 13, do not submit any User Content to any of the Sites.

You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another user or to us, is your sole responsibility. Though the Sites are designed to be a safe place to share such User Content, Premium Crap LLC cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to any of the Sites.

By posting any User Content at the Site, you hereby grant Premium Crap LLC a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. 

You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through any of the Sites or otherwise have the right to grant the license set forth above; and the posting of your User Content on or through any of the Sites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through any of the Sites.

You acknowledge and agree that Premium Crap LLC may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of Premium Crap LLC, its users and the public. You understand that the technical processing and transmission of any of the Sites, including your User Content, may involve: transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to Premium Crap LLC worldwide. Posting of User Content to or through any of the Sites, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. Premium Crap LLC shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through any of the Sites. PREMIUM CRAP LLC SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH ANY OF THE SITES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT

You agree that you will not use the Site to:

1. upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or inappropriate;

2. harm minors in any way;

3. impersonate any person or entity, including, but not limited to a representative of Premium Crap LLC, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through any of the Sites;

5. upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6. upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;

8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

10. interfere with or disrupt any of the Sites or servers or networks connected to any of the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to any of the Sites;

11. "stalk" or otherwise harass another; or

12. collect or store personal data about other users of any of the Sites.

13. gain access to unauthorized areas of any of the Sites or our network or servers.

We will terminate the account and/or block users who repeatedly violate the intellectual property rights of any other person on any of the Sites.

You understand that by using any of the Sites, you may be exposed to User Content created by others that is offensive, indecent or objectionable. Premium Crap LLC does not endorse or have control over the User Content. User Content is not reviewed by Premium Crap LLC prior to posting and does not reflect the opinions or policies of Premium Crap LLC. Premium Crap LLC makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through any of the Sites. Premium Crap LLC assumes no responsibility for monitoring any of the Sites for inappropriate submissions or conduct. If at any time Premium Crap LLC chooses, in its sole discretion, to monitor any of the Sites, Premium Crap LLC nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of any of the Sites’ users submitting any such User Content. Notwithstanding the foregoing, Premium Crap LLC and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in Premium Crap LLC's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.

You are solely responsible for your interactions with other users of any of the Sites. Premium Crap LLC reserves the right, but has no obligation, to monitor disputes between you and other users and to terminate your access to any of the Sites, in its sole discretion.

IT IS IMPORTANT THAT YOU READ THIS SECTION OF THE AGREEEMENT CAREFULLY.

This Section X of the Agreement shall be governed by and construed in accordance with the Federal Arbitration Act and applicable federal laws.

Any dispute or claim relating in any way to your use of any of the Sites, your participation in any SMS or text message program offered by Premium Crap LLC, your receipt of any communications from Premium Crap LLC (including, but not limited to, any text messages or emails), or to any products or services sold or distributed by Premium Crap LLC or through any of the Sites shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. We each agree that any arbitrator hearing a claim may not: (i) combine more than one individual’s claim or claims into a single case; (ii) order, require, participate in or facilitate production of class-wide contact information or notification of others of potential claims; or (iii) arbitrate any form of a class, collective, or representative proceeding. If for any reason a claim proceeds in court rather than in arbitration. WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

DUE TO THE HIGH COST OF LITIGATION, if a dispute arises between you and us, both parties agree to make a good faith effort to resolve it informally, and thereby avoid the costs, risks, and delays of arbitration. Either party may initiate a negotiation by sending a written letter (sent via signature-required certified mail to the other party), explaining the nature of the controversy and suggested resolution for the issue. The recipient shall have 30 days to respond to the letter with explanation and response to the proposed solution. If written correspondence does not resolve the issue, both parties agree to meet and attempt to resolve the issue, via a web-conference, a video conference, or some similar means, and if that is not possible, then a phone conference, in which they attempt to resolve the controversy. If the parties are unable to achieve a resolution in this manner, and before resorting to arbitration, both parties agree to work with a mediator, according to the rules of the Arbitration Service of Portland ("ASP"), in good faith, to come to a resolution. Either party may initiate mediation by sending a written request for mediation to the other (sent via signature-required certified mail to the other party). Both parties agree to meet in Portland, Oregon, with an impartial mediator assigned by the ASP, within 30 days, after such request is served, unless extended by agreement of both parties. At least one week prior to mediation, each party shall provide to the mediator a written statement summarizing their position, any supporting documents, and proposing a solution. If after 30 business days of the first mediation session, the parties have been unable to resolve the dispute, through mediation, then both parties agree to settle the dispute with binding arbitration or in small claims court. Should you have any questions, you may consult an attorney prior to using the Website or Applications. Arbitration: a) Allows less discovery than a court, b) Is less formal than a court lawsuit, c) Uses a neutral arbitrator instead of a judge or jury, and d) Is subject to very limited review by courts. You agree that any arbitration, initiated between the parties, will be on an individual basis, and that class arbitrations and class actions are not permitted.

ARBITRATION
(1) In order to seek arbitration, a party must first send, a written Notice of Dispute (herein referred to as "Notice"), by U.S. signature-required certified mail, to the other party. To do so, you agree that you will send an email requesting our physical address. You agree that there is no time limit as to when we will answer your address-requesting email. After we answer your address-requesting email, you must send a Notice to us, which must be addressed to our physical address (herein referred to as "Notice Address"). The Notice must: (a) Explain the reason for and nature of the disagreement or claim, and (b) Describe the specific relief sought (herein referred to as "Demand"). If, after 1 year of receipt of the Notice, we and you have not satisfactorily resolved the dispute, either party may instigate an arbitration proceeding. You must wait until after the arbitration proceedings have concluded, and the arbitrator has determined the amount, if any, of a settlement award to either party, before revealing the amount of any settlement offer made by you or us. You agree that the amount, if any, of a settlement award will be equal or less than the purchase price you paid us for the product(s) or service(s).
(2) You agree that any disputes or claims between the parties will be arbitrated in front of a single arbitrator, and that such disputes are intended to be broadly interpreted, to include claims: a) Which arose prior to these Terms (such as advertising), b) Which are currently involved in class action proceedings, in which you are not a member of a certified class, c) Which involve the relationship between you and us, regarding tort, statute, misrepresentation, fraud, contract, or any other legal premise, and d) Which arise after the termination of these Terms.
(3) Concerning this Arbitration Agreement, references to Premium Crap LLC, and "us" include our affiliates, employees, subsidiaries, predecessors in interest, agents, successors, assigns, new owners, heirs, and authorized or unauthorized recipients, or beneficiaries of products or services under these Terms.
(4) Despite the foregoing, each party has the ability to bring an individual action in small claims court. You agree that you and we, each waive rights to a jury trial or to take part in any class action. The Federal Arbitration Act regulates both the interpretation and enforcement of this provision, as these Terms confirm a transaction or website use in interstate commerce.
(5) Any arbitration hearings will take place in the county of Multnomah, Oregon. The arbitration will be conducted according to the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (herein collectively referred to as "AAA Rules") of the American Arbitration Association (herein referred to as "AAA"), as modified by these Terms, and will be administered by the AAA. Any facts or conclusions of law made in any other arbitration of any dispute or claim, to which we were a party, may not be used in the current arbitration proceedings. Additionally, any conclusions, awards, or findings of fact, pertaining to the current arbitration may not be used by any other person or entity, in any later arbitration involving us. If your claim or demand is found by the arbitrator to be of frivolous substance or presented for an improper cause (as determined in the Federal Rule of Civil Procedure 11(b)) standards, then the AAA Rules will dictate the payment of such fees, and you agree to promptly reimburse us for all monies previously spent by it, that are otherwise your obligation to pay under AAA Rules. If a party does not appear at a properly noticed hearing, an award may be assessed against that party.

(6) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of our last written settlement offer, made before an arbitrator was selected, then you agree that we will pay you the amount of the purchase price you paid us for the product(s) or service(s).
(7) The Arbitrator shall have exclusive authority to resolve any dispute, rather than any federal, state, or local court or agency, regarding the formation, enforceability, or interpretation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void. Should it be determined that this provision is unenforceable, it may be severed from the remainder of this Agreement.
(8) Except when an appeal is made to a court of competent jurisdiction, all aspects of the arbitration proceeding, decision, ruling, or award, will be strictly confidential.
(9) You agree that any claim you or we may bring against the other shall be only in your or its individual capacity and not as a private attorney general or as a plaintiff or class members in any alleged class or representative proceeding. Injunctive relief may be awarded by the arbitrator: a) Only to the degree needed to offer the relief justified by that party's individual purchase price of the Applications, and b) Only to benefit that individual party. Should the arbitrator make errors of law or legal reasoning, the parties agree that any injunctive award may be reversed or corrected by an appeal, initiated by either party to a court of competent jurisdiction, with each party bearing its own costs for such an appeal. Despite the foregoing, both parties agree to waive the right to appeal any arbitration award, except in the case of an award for injunctive relief. The arbitrator shall not award relief over and above that permitted by these Terms. Further, the claims of more than one person may not be consolidated by the arbitrator, unless both you and we agree, and the arbitrator may not otherwise preside over any type of a representative or class proceeding. If it is determined that this provision is unenforceable, then the entirety of this arbitration provision shall be null and void. All aspects of the arbitration proceeding, decision, ruling, or award, will be strictly confidential.

If any provision of this Agreement is deemed illegal or unenforceable, the remainder of this Agreement shall continue to be fully valid, binding, and enforceable. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."

This Agreement constitutes the entire and only Agreement between Premium Crap LLC and each user of any of the Sites with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

The failure of Premium Crap LLC to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

(Last Updated: 11/04/2023)