Terms of Service


PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE (collectively the “Site”). All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable law. You agree that by using this Site and registering for membership, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.
It is your responsibility to review these Terms of Service periodically. We may revise these Terms of Service at any time without notice to you. If you do not agree to these terms and conditions, please do not use this Site.

Website

We grant you a limited license to access and use the Site for your personal use, and to copy, distribute and transmit the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools. Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Parasol Co. You may not use any meta tags or any other "hidden text" utilizing Parasol Co's name or trademarks without the express written consent of Parasol Co. Any unauthorized use terminates the permission or license granted by Parasol Co. We reserve the right to change any information, features and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our products on or to any third party e-commerce Site, marketplace or mobile application without our specific written consent is prohibited.

Registration and Membership

To register and become a member of our Site, complete the user survey, use your valid email address and create a password to register your profile. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service and Parasol Co has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. At the time of your first order, you will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to our Privacy Policy, which is hereby incorporated into these Terms of Service. As a member, you agree to receive emails promoting any special offer(s). We may also send you our monthly newsletter from time to time. To cancel your membership, please email Parasol Co Support at support@parasolco.com.

Subscription Process

As a member, you may order a Trial or select and purchase a Monthly Box offered by Parasol Co, subject to the terms below
TRIALS
A Trial contains samples of Parasol Co's products and allows you to try them before purchasing a full Monthly Box. Our Trials are free, but there is a shipping and handling fee.
When you place the order for your Trial, you begin a fifteen-day trial membership with Parasol Co. IF YOU DO NOT CANCEL YOUR MEMBERSHIP WITHIN 15 DAYS, WE WILL AUTOMATICALLY SHIP YOU THE BOX THAT CORRESPONDS TO YOUR TRIAL AND CHARGE YOUR CREDIT CARD ACCORDINGLY. Your Box shipments will continue automatically, with the frequency that you designate, until you cancel your membership. IF, AFTER RECEIVING YOUR TRIAL, YOU DO NOT WISH TO PURCHASE A FULL BOX, PLEASE SIMPLY CANCEL VIA YOUR ACCOUNT ON THE SITE OR EMAIL PARASOL CO SUPPORT AT SUPPORT@PARASOLCO.COM WITHIN TEN DAYS TO CANCEL YOUR MEMBERSHIP. YOU MAY CANCEL AT ANYTIME DURING THE TRIAL PERIOD WITHOUT OBLIGATION.
BOXES
If you purchase a Box, you will receive every month a shipment containing a one month's supply of Parasol Co products (supply amount based on average usage). You may log into your account and customize your Box at any time. If you do not update your selections for a particular month, we will send you the same shipment we sent the previous month, subject to availability.
BOX SUBSCRIPTION RENEWAL AND CANCELLATION TERMS
IF YOU ARE PLACING AN ORDER AS PART OF OUR SUBSCRIPTION BOXES, YOUR MEMBERSHIP IN THE PROGRAM WILL REMAIN IN EFFECT UNTIL IT IS CANCELLED. We will charge your bank or credit card when we ship your first Parasol Co order. After your initial order, you will be charged every time we ship your box, until you choose to cancel your membership. The frequency is determined by your selection in your Account Page.
We will notify you by e-mail of any subscription price increase at least 30 days in advance and your failure to cancel your membership before your next subscription payment date will be deemed to constitute your agreement to the increased subscription price.
You may cancel your membership at anytime. To cancel your membership, please simply do so on your account on the Site or email Parasol Co Support at support@parasolco.com.

Billing and Payments

We accept the following bank or credit cards: Visa, MasterCard, American Express and Discover, JCB, Diners Club. For your convenience, we will save your bank or credit card information.
You may be charged local sales tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, Client Services may contact you directly to update your account information. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement. The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.

Return Policy

Parasol Co will accept returns only for store credit and only in accordance with the Return Procedures below. We will issue you a store credit in the amount charged for the applicable Product, but will not include the applicable Delivery Fee, which is nonrefundable. A restocking fee will also be applied. Store credit may only be used for future purchases of Products on the Site and are not transferable.
If the product arrives damaged, Parasol Co will accept returns for a full refund only in accordance with the Return Procedures below. Provided that Parasol Co confirms that your Product was a Damaged Product and was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that we will issue a refund to your credit card in the amount charged for the Damaged Product (if your credit card has already been charged for the Product) or we will not charge your credit card for the Damaged Product. The refunded amount will include the applicable Delivery Fee.
The following sets forth the required “Return Procedures”: All returns must be made within 30 days after the Product shipment date. All returned Products must be unused and returned in accordance with the instructions received from contacting Parasol Co Support at support@parasolco.com. You are solely responsible for the cost of shipping of the returned Product. All Products not returned in accordance with the Return Procedures shall be sent back to you and no credit or refund will be issued.

Promotions

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.

Referral Program

As part of Parasol Co’s Referral Program, when account holders invite friends to register for an account at Parasol.com, they will receive a $20 Referral Credit for each friend who makes a qualified first time purchase. The referred friend must be a new member of Parasol Co (this offer excludes returning or existing members) and live in a different household. The referred friend will also receive a $20 Referral Credit after they make a qualified purchase.
The referrer will only receive a Referral Credit for the friend’s first qualified purchase if the purchase results from an invite from you through an authorized referral method. If the referred friend does not click on the personal referral link in their invite email or other invite mechanism to accept your invitation, the referrer will not be entitled to receive a Referral Credit because we have no discernible way to confirm that the purchase resulted from your referral.
A qualified purchase is either a Parasol Co subscription or a store order, but does not include gift cards. Free Trial orders do not count as a qualified purchase. There is no limit to the amount of Referral Credits you can earn and you will receive Referral Credits for every eligible friend you refer. If two people refer the same friend, the friend who sent the link that is used to create the new member's account will be considered the referring friend, regardless of which link was sent to the new member first. There is a limit of one Referral Credit per new email address (or per new customer) that is registered on Parasolco.com. You may not use spam or send unsolicited emails to people you don't personally know to collect Referral Credits and you may not collect Referral Credits by posting on message boards or other online venues in violation of such venues' terms of use. See the Privacy Policy for how information is stored.

Referral Credit

Referral Credits are valid for 12 months from issuance. Your Referral Credits are automatically applied to your purchases at checkout in the order in which they expire (i.e., first to expire will be applied first). Referral Credits are issued to a single Parasolco.com account holder at our discretion and cannot be transferred between accounts or between users. Credits cannot be bartered, exchanged or sold. Referral Credits are a promotional offer and are not a payment instruments. Referral Credits are issued without any exchange of money or value from you and you have no vested property right or interest in them. Referral Credits have no cash value by themselves; they are only deemed to have a notional cash value of $20 if they are used in connection with an eligible purchase on our Site. We reserve the right to limit or cancel your Referral Credits in our sole discretion if we determine that you have violated these Terms of Service, including through fraudulent or misleading referral activity (for example, by inviting fake people to join Parasol Co, using false names, using multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information to us) or if we terminate your account for any reason. You may also be liable for civil and/or criminal penalties under applicable law for engaging in the foregoing activities. We reserve the right, in our sole discretion at any time and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of Referral Credits. Such changes may include, without limitation, how you may earn and spend Referral Credits, how long Referral Credits last, minimum purchase amounts with which Referral Credits may be used and the lifetime maximum amount of Referral Credits that you may earn.

Warranty Disclaimer

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PARASOL CO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PARASOL CO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PARASOL CO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

PARASOL CO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF PARASOL CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.


Copyright

The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Parasol Co and protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Parasol Co. © 2014-2016. Parasol Co. All rights reserved.

Trademarks

All trademarks, service marks and trade names of Parasol Co on the Site are trademarks or registered trademarks of Parasol Co or their respective owners.

Indemnification

You agree to indemnify, defend and hold harmless Parasol Co, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your account or password.

Privacy

Registration data and certain other information about you are subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, see our privacy policy at www.parasolco.com/privacy.

Third-Party Links and Sites

This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of Parasol Co. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

Submissions

We welcome your feedback and comments regarding our products and services. However, we cannot accept or consider creative ideas, suggestions or materials, and we ask that you not submit any creative ideas, suggestions or materials of any kind to us. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Parasol Co's or its affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you not send us any original creative materials of any kind, including show designs, photographs, drawings or original artwork. If you send us creative ideas, suggestions or materials of any kind despite our request not to do so (an "unsolicited submission"), you acknowledge and agree that we may treat the unsolicited submission to be non-confidential and non-proprietary in each instance and in all respects. From time to time, we may solicit creative ideas, suggestions or materials from users of our Site or blog. If you at any time send, provide us with or post creative ideas, suggestions or any other materials in response to our request (each, a "requested submission" and together with unsolicited submissions, "submissions"), you acknowledge and agree that we may treat the requested submission as non-confidential and non-proprietary in each instance and in all respects. You agree that we have no obligation of confidence to you with respect to any submission and we shall not be liable to you in any way for any use or disclosure of any submission. We may use any submission without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights or right to credit for the material or ideas. You hereby irrevocably grant to us the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a submission to us, you represent that such submission is original to you and does not conflict with, violate or infringe upon the rights of any third parties including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All submissions made by you shall be the sole property of Parasol Co and will not be acknowledged or returned. You agree and understand that we are not obligated to use any submission you make and you have no right to compel such use. You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary or other special relationship, and that your decision to make a submission does not place us in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that we have broad access to ideas, products designs and other materials related to our business, and that new ideas, products, designs and other materials are constantly submitted to us or being developed by our own employees. Many submissions that we receive or ideas, products, designs and materials that are independently developed by us may be competitive with, similar or identical to your submission. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical submission or independently developed ideas, products, designs or materials. You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any submission you make, the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on your submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

Notice Regarding Medical Advice

THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Miscellaneous

Your use of the Site shall be governed in all respects by the laws of the State of California, U.S.A., without regard to choice of law provisions.

Dispute Resolution

Parasol Co is committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any customer concerns through our Parasol Co Support services at support@parasolco.com. However, if you are dissatisfied with our customer service's resolution of your matter, these Terms of Service provide that disputes will be resolved through binding arbitration or small claims court and our arbitration agreement, which is set forth below. We will abide by the terms of our current arbitration provision in all instances. YOU AGREE AND ACKNOWLEDGE THAT BY AGREEING TO THESE TERMS OF SERVICE, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOU ARE GIVING UP YOUR RIGHT TO LITIGATE THROUGH A COURT ACTION, TO HAVE A JUDGE OR JURY DECIDE YOU CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU HEREBY VOLUNTARILY CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. By using this Site, you expressly agree that any claim you may have against Parasol Co must by brought in an individual capacity, and not as a plaintiff of class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”) and you expressly waive any ability to institute or maintain any Class Action in any forum. Accordingly, the arbitrator in any arbitration between you and Parasol Co will not have any authority to combine or aggregate similar claims or conduct any Class Action, nor make an award to any person or entity not a party to the arbitration. Furthermore, you agree that any allegation by you that any part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Arbitration Agreement

These Terms of Service evidence a transaction or website that constitutes engagement in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Service. A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Parasol Co should be addressed to: Notice of Dispute, Parasol Co, 200 Spectrum Center Drive Suite 400, Irvine, CA 92618 ("Notice Address"). You may download or copy a form Notice from The Parasol Co General Notice Form (PDF). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If you and Parasol Co do not reach an agreement to resolve the claim within 30 days after the Notice is received by us, you or Parasol Co may commence an arbitration proceeding by filing a request for arbitration with the American Arbitration Association (“AAA”) its office location closest to your home, see https://www.adr.org/aaa/faces/s/contact/us.
We and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted and include:
  • 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.
  • Claims that arise from these or any prior versions of our Terms of Service (including, but not limited to, claims relating to advertising);
  • Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • Claims that may arise after termination of these Terms of Service.
For the purposes of this Arbitration Agreement, references to "Parasol Co", "we" and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Service or any prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies in accordance with applicable law.
During the arbitration, the amount of any settlement offer made by Parasol Co or you prior to selection of an arbitrator shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Parasol Co is entitled. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
The arbitration will be governed by the then-current AAA’s Consumer Arbitration Rules (the "AAA Rules") as modified by these Terms of Service, and will be administered by AAA. The AAA Rules are available online at https://www.adr.org/aaa/faces/rules/searchrules. The arbitrator shall be bound by these Terms of Service. Unless you and we agree otherwise, any arbitration hearing will take place in the county (or parish) of your contact address, or as close thereto as is reasonably practicable. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the arbitration will be conducted by an in-person hearing.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The arbitrator may award injunctive 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 claim. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal.
The arbitrator shall not award relief in excess of what these Terms of Service provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void.
You and we agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Parasol Co. You and we agree that in any arbitration of a dispute or claim, neither of us will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which we were a party.
Except as otherwise provided for herein, the party filing an arbitration claim will pay the required AAA filing file. AAA’ administration and arbitrator fees for any arbitration will be borne equally by the parties. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
Although we may have a right to recover attorneys' fees and expenses in certain jurisdictions if we prevail in an arbitration, if you reside in California, or if otherwise prohibited by the laws of the jurisdiction in which you reside, we will not seek such an award.

Termination

These Terms of Service are applicable to you upon your accessing this Site. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Arbitration and Miscellaneous, shall survive any termination of these Terms of Service.