Terms & Conditions
Last Update: 7/28/20
Thank you for your interest in Coastline Pro Cleaners!
Please read these Terms & Conditions carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, except where prohibited, an Terms & Conditions to arbitrate on an individual basis (unless you opt out), and obligations to comply with applicable laws and regulations.
Updates. The Company reserves the right, at our sole discretion, to update the Terms & Conditions at any time and strongly encourage you to return to our website regularly to review the current Terms & Conditions. If we update the Terms & Conditions, we will post the updates on our website. We will also update the “Last Update” date at the top of these Terms & Conditions. By continuing to use our Services after we have posted an update or have provided you with notice of an update, you are indicating that you agree to be bound by the updated Terms & Conditions. If the updated Terms & Conditions is not acceptable to you, your sole recourse is to stop using the Services in which case the previous effective version of the Terms & Conditions will apply to you, unless you have used the Services during the intervening 30 day period, in which case the new version of the Terms & Conditions will apply to you.
Coastline Pro Cleaners LLC, on behalf of its subsidiaries (collectively, "CPC", "we", "us", "our" or the "Company"), provides commercial cleaning services and restroom supplies. The Company has a support team of subcontractors (the "cleaning team", "cleaning crew" or the “cleaners”) to render all commercial cleaning services (the "service/s"). The cleaning crew is managed by the Company.
1. Welcome to Coastline Pro Cleaners
1.1 Thank you for selecting Coastline Pro Cleaners for your commercial cleaning service needs. These Terms & Conditions, including any updates made to it, contain the Terms & Conditions between you and the Company. These Terms & Conditions are effective upon our posting of the updated Terms & Conditions on our website.
1.2 The Company and the Customer agree the Company will provide the service specified on the Contract, Quote, Estimate, Proposal, Purchase Order, Text Message or Email to the Customer along with the detailed Scope of Work (collectively “SOW”) that is expected from the Company.
1.3 The Customer and the Company agree that any calls with the Company, whether or not initiated by the Company, may be monitored and recorded for quality purposes.
1.4 You represent and warrant that you have full legal power and authority to enter into this Terms & Conditions, perform the obligations hereunder, and authorize and pay all service charges and fees set forth in the Quote, Estimate, Proposal, Purchase Order, Text Message or Email (collectively “Work Order”).
2.1 Our guarantee to you is to provide quality commercial cleaning services. If this guarantee isn't met, the Company will send another cleaning crew to perform the service or have the same cleaning crew go back and to re-clean any areas or items that got missed or that need to be re-cleaned at no extra charge to the customer.
2.2 If you are not satisfied with our services please contact us immediately. We require you to report any complaints within 24 hours from the approximate service completion time and pictures to be eligible for a full refund. Real estate agents and property management companies are allowed 48 hours maximum due to the nature of their work.
3.1 The customer agrees to pay the Company for any one-time services and recurring services rendered. In addition, Customer agrees to pay the full amount of the contract for recurring services with a Commitment Period as specified in the Work Order.
3.2 The service charge and a summary of the terms are specified in the Work Order. The Commitment Period may be modified by the Company by providing two (2) month’s prior written notice to the Customer. All prices are net of any taxes Customer may be required to pay in its taxing jurisdiction. Customer is responsible for any taxes and government charges, if any apply.
3.3 The Customer agrees to pay the Company for any products delivered, shipping & handling fees and any applicable taxes.
3.4 If Customer provides the Company with a credit card, debit card, or bank account information (ACH), Customer authorizes the Company to use such payment method to charge the Customer for the Main Service, other services and products. The customer will automatically receive an email receipt after each charged to the selected payment method.
3.5 Customer represents that he/she is authorized to incur charges against the payment method used to purchase services or products from the Company. The method of payment cannot be updated unless all amounts due under the terms have been paid in full or otherwise agreed to by the parties in writing. It shall be Customer’s sole responsibility to provide the Company with accurate, current and working payment information.
3.6 The Company will update Customer’s payment method if the Company is notified by Customer’s credit card provider, debit card provider, or bank provider that the payment method information has been updated.
3.7 Unpaid amounts or errors may be invoiced by the Company in subsequent invoices or in subsequent invoice cycles.
3.8 The customer may manage payment options at using the account management tool.
4. Service Charge for One-time Services
4.1 If specified in the Work Order the customer is required to prepay a percent of the total service charge amount.
4.2 The remaining percent of the total service charge amount will be paid upon completion of the service. This includes any taxes if applicable.
4.3 The Company will charge the customer upon completion of services if the Company has a credit card or debit card on file. If the Company does not have a credit card or debit card on file the Company will invoice the customer. The Due Date will be as specified in the invoice.
5. Service Charge for Recurring Services
5.1 If the Company charges the customer a Monthly Service Charge then the Monthly Due Date and Paid Through Date is automatically determined by the first day of service referred to as the "Service Start Date". For example if the Service Start Date is on June 15th this means the Monthly Due Date will be on the 15th of every month.
5.2 The "Paid Through Date" means the last day of the Service Month for which all Monthly Service Charges have been paid and this date is determined by the Service Start Date.
5.3 The period between consecutive Monthly Due Dates is referred to as the "Service Month".
5.4 The Monthly Service Charge payment will be due in advance every month on the Monthly Due Date for the period for which it applies. This includes any taxes if applicable.
5.5 For other types of recurring services such as carpet cleaning and strip and wax services the terms will be determined by the Word Order.
6. Commitment Period
6.1 If applicable the commitment period of this Terms & Conditions begins on the Service Start Date and shall continue as specified in the Work Order until service is canceled by Customer or canceled by the Company.
7. Schedule for One-time Services
7.1 The cleaning service will be performed during business hours; usually between 7am and 6pm. However, a specific time will be arranged with the Customer. It is understood by both parties that the schedule is to be respected at all times.
7.2 If the Company can only provide the service after business hours it will communicate this to the customer before scheduling a service.
8. Schedule for Recurring Services
8.1 Services such as janitorial services, carpet cleaning, tile and grout cleaning, strip and wax are normally performed after business hours. However, if Customer requests to have a service performed during business hours it is understood the quality of the service might be affected negatively since there are usually people in the facility.
8.2 If the customers require a specific day and time for service to start, a day and time will be arranged with the Customer.
9.Cancelling or Rescheduling One-time Services
9.1 In the event of service cancelation, it is understood and agreed that the liability of Customer for the main service, other services, taxes, restroom products, costs and expenses provided for the customer in the Work Order shall not be relinquished, diminished or extinguished prior to payment in full. This applies to services rendered partially or in full and for delivered products.
9.2 To cancel or reschedule the Company requires a minimum of 1 business day (24 hours) notice from the scheduled service date and time to prevent a minimum fee of $50 or 20% of the total service price amount whichever is greater. Rescheduling or cancelling the last 24 hours from the scheduled job can cause the Company and the cleaning crew valuable work, time and lost income opportunities.
9.3 When the customer cancels or reschedules the last 4 hours from the scheduled service date and time; this will entitle the Company to charge the customer the full service charge. Rescheduling or cancelling the last 4 hours from the scheduled job can cause the Company and the cleaning crew valuable work, time and lost income opportunities. The Company will use these fees to compensate the cleaning crew for their lost income opportunities.
9.4 The Company will issue a full refund to the customer if any payment was made to the Company and no service has been rendered so long as it is before the 24 hours from the scheduled service date and time.
9.5 When the customer cancels after the service has started but the services have not been completed; the Company will not issue a full refund or partial refund for any prepayments.
9.6 After the customer’s written notice of service cancelation, the Company may consider these Terms & Conditions canceled.
9.7 If customer is invoiced for the services; Customer must pay all invoices by the due date on each invoice.
9.8 If Customer is in default under these Terms & Conditions, or for any other reason, the Company may cancel any services without any written notice.
9.9 To cancel please call 855-673-8515 or 760-212-8945 or email email@example.com. You may also go to our website to get the most up to date phone number at
10.Cancelling, Rescheduling and Putting Recurring Services on Hold
10.1 In the event of service cancelation, it is understood and agreed that the liability of Customer for the main service, other services, taxes, restroom products, costs and expenses provided for the customer in the Work Order shall not be relinquished, diminished or extinguished prior to payment in full. This applies to services rendered partially or in full and for delivered products.
10.2 To cancel the Company requires a minimum of 30 days notice for facilities larger than 5,000 square feet and 14 days notice for facilities smaller than 5,000 square feet.
10.3 If the customer decides to cancel a recurring service with a commitment period that has more than 31 days remaining; the Company will
charge an early cancelation fee as specified in the Work Order.
10.4 After the customer’s written notice of service cancelation, the Company may consider these Terms & Conditions canceled. If applicable, the Company shall schedule a pick-up day for any Company equipment that was left at the customer's premises or facilities. The Customer must allow the Company’s personnel to pick-up any of the Company’s equipment if applicable.
10.5 All keys and other customer’s property will be returned to the customer immediately after the last service date or after the service end date. The Company will return the customer’s property in person, USPS, FedEx, or UPS to the Customer’s main service address at the Company’s expense.
10.6 If applicable, early service cancellation fees must be paid no later than the service end date.
10.7 If the customer needs to reschedule a service the Company may need to charge an additional service fee. This is because this will be out of line with the Company's scheduled routes of other facilities and premises currently servicing.
10.8 The Company will issue a full refund to the customer if any payment was made to the Company and no service has been rendered so long as it is before the 24 hours from the scheduled service date and time.
10.9 When the customer cancels the services with the Company; the Company will not issue a full refund or partial refund for Monthly Service Charges.
10.10 The Company will allow services to be put on hold for up to 15 days. If the customer needs services to be on hold for longer than 15 days; the customer will need to pay an additional service charge to the Company when service resumes. If we do not hear from the customer after 15 days the Company will automatically cancel all services.
10.11 If customer is invoiced for the services; Customer must pay all invoices by the due date on each invoice.
10.12 If Customer is in default under these Terms & Conditions, or for any other reason, the Company may cancel any services without any written notice.
10.13 To cancel please call 855-673-8515 or 760-212-8945 or email firstname.lastname@example.org. You may also go to our website to get the most up to date phone number at
11. Payment Method
11.1 The Company will only accept credit card, debit card, checks and ACH payments. No other method of payment will be accepted. However, if any other payment is accepted it will be at the sole discretion of the Company. The Company provides a virtual terminal where credit card and debit card payments can be made online. There is a link on the invoice (credit card icon) and also there is a link on the email. The Company does not charge any additional fees for any of these payment methods.
11.2 ACH payments can take about 5 days to clear and ACH must be set up with the customer’s bank. The Company does not provide a virtual terminal where ACH payments can be made by the Customer.
11.3 Checks are updated on our invoice software up to 5 days after the checks have been received.
12. Late Fees and Other Fees For One-time Services
12.1 In order to avoid late fees, the customer must pay for the services on the same day the service is rendered but no later than the following day. Failure to pay any amount due to the Company on the same day the service is rendered or on the following day shall constitute a material breach of the Terms & Conditions by the customer.
12.2 Any amount due to the Company is considered late after 2 days from the service rendered date and any amount still due will be subject to daily interests with an eighteen percent (18%) APR or a charge of $20 per month whichever is greater. Any interests that have accrued during a period of one month will be emailed or mailed to the customer.
12.3 Late fees will be automatically charged to the customer’s selected payment method.
12.4 In the event the funds in the designated payment source are insufficient to cover the customer’s obligations, the customer agrees to submit payment of amounts owing to the Company upon demand and through alternative means. Unless otherwise agreed upon, the Company may charge any alternative payment account maintained by the customer for the amounts due and owing without further notice to or approval from the customer.
12.5 Partial payments will not be accepted, however, if a partial payment is accepted it will be at the sole discretion of the Company and if accepted will first be applied to late fees.
12.6 A $25.00 fee shall be charged for any return of a debit or ACH payment to Customer.
12.7 The Company will charge extra for services that are not included in the service.
12.8 If Customer is receiving services at more than one facility or premises at any given time and if the customer does not pay for one service; the Company may cancel all services at its sole discretion.
12.9 If the Company sends the customer's account to an agency or attorney for collection; the Customer shall reimburse the Company for its attorney's fees and collection costs.
13. Late Fees and Other Fees For Recurring Services
13.1 In order to avoid late fees, the Customer must pay the Monthly Service Charge by the Monthly Due Date or the Due Date on the invoice. Failure to pay any amount due to the Company when due shall constitute a material breach of the Terms & Conditions by Customer.
13.2 Any late amounts due to the Company will be subject to daily interests with an eighteen percent (18%) APR or a charge of $20 per month whichever is greater. Any interests that have accrued during a period of one month will be emailed or mailed to the customer.
13.3 Late fees will be automatically charged to the customer’s selected payment method.
13.4 In the event the funds in the designated payment source are insufficient to cover the customer’s obligations, the customer agrees to submit payment of amounts owing to the Company upon demand and through alternative means. Unless otherwise agreed upon, the Company may charge any alternative payment account maintained by the customer for the amounts due and owing without further notice to or approval from the customer.
13.5 Partial payments will not be accepted, however, if a partial payment is accepted it will be at the sole discretion of the Company and if accepted will first be applied to late fees.
13.6 A $25.00 fee shall be charged for any return of a debit or ACH payment to Customer.
13.7 The Company will charge extra for services that are not included in the service.
13.8 If Customer is receiving services at more than one facility or premises at any given time and if the customer does not pay for one service; the Company may cancel all services at its sole discretion.
13.9 Customer acknowledges that any late fees charged by the Company is not to be considered as interest on debt or a finance charge, and is a reasonable charge for the anticipated loss and cost to the Company for late payment. If payment is not made when due, the Company retains the right to suspend services until the past due balance is paid in full. If services are suspended for more than fifteen (15) days, the Company will automatically cancel all services and these Terms & Conditions for default and recover all amounts owed here under.
13.10 If at the close of business on the 15th day following the Customer’s Paid Through Date, if the Monthly Service Charge or other charges still remain past due; it is agreed and understood that partial payments made to cure a default for nonpayment of service will not delay or stop service cancellation. The tender of partial payments, if accepted, shall not serve to waive or avoid the legal effect of prior notices given to the customer. Only full payment prior to the service cancellation date will stop service cancellation.
13.11 There will be a one-time non-refundable setup fee per facility or premises if specified in the Work Order. The fee is to pay for the anticipated extra time that will be spent by the cleaning crew at a new facility or premises, for delivering Company equipment at the customer’s facility, for duplicating keys and for any unforeseen investments in equipment the Company may need to make.
13.12 If the Company sends the customer's account to an agency or attorney for collection; the Customer shall reimburse the Company for its attorney's fees and collection costs.
14. Other Services
14.1 Any other services purchased by the customer will be charged automatically after service has been rendered to the customer's selected payment method. If the Company does not have a credit card, debit card or banking information on file; the Company will invoice the customer by email or mail.
15. Restroom Supplies - Optional
15.1 The Company will order any restroom supplies as needed on the customer’s behalf. Furthermore, the Company will manage inventory to keep the customer’s business running more efficiently. Deliveries are once a week with minimum order of $50 per delivery to qualify for free shipping. Restroom supplies will be automatically charged to the customer’s selected payment method. The prices will be available at our website. We reserve the right to update the pricing for our products from time to time without further notice to the customer. The customer can cancel at any time.
15.2 The Company is currently providing the following list of restroom supplies in alphabetical order.
Automatic sprayer (Gadget + 2 Refills
Disposable Urinal Floor Mat
Household paper towels
Toilet seat covers
Waxed liner bags
15.3 The Company manages the customer's restroom supplies by first doing an in person walkthrough to see what is needed and creating a Restroom Supplies List. The Company keeps this list saved on a database for future orders. When more supplies are needed the cleaning crew will communicate this to the Company.
16. Quality Control
16.1 The Company will perform cleaning inspections at random days and times to ensure service quality. The customer must notify the Company if it requires a notice before any cleaning inspection is performed.
16.2 The Company is in constant communication with the cleaning team regarding the service.
16.3 The Company may request pictures and videos to be sent to the Company from the cleaning crew.
17.1 The Company will not invoice the customer if the Company has a credit card, debit card or banking information on file.
The customer will always get receipts emailed automatically after each charge.
17.2 The Company will invoice the customer if the Company does not have a credit card, debit card or banking information on file. All invoices will be sent via email.
17.3 New customers may receive one invoice via email to set up a new account.
18.1 All equipment provided by the Company shall remain its property; however, the Customer shall have care, custody and control of the equipment and shall be liable for all loss or damage to the equipment and for its contents while at customer's facility or premises. The customer shall not alter the equipment or allow a third party to do so, and shall be used only by the Company for its intended purpose. In the event of service cancellation, the Company’s equipment shall be in the condition in which it was provided, normal wear and tear excepted. The customer shall provide safe and unobstructed access to the equipment on the scheduled pick-up day. The Company may suspend services or cancel these Terms & Conditions in the event Customer violates any of the Terms & Conditions. The customer shall pay, if charged by the Company, any additional charges, determined by the Company in its sole discretion, for altering the equipment or allowing a third party to do so.
19. Access to Premises and Facilities
19.1 It is the customer's sole responsibility to provide the Company with all the needed keys, door codes, alarm codes, lockbox codes, remote controls and any other information or key in order to access the premises or facilities. If there are any changes that will affect the Company’s ability to access the premises or facilities the customer must notify the Company immediately in writing and is an update in security, Customer shall notify the company immediately in writing or by phone.
20.1 The Company will not be performing any services on the following holidays: Thanksgiving, the day after Thanksgiving and Christmas Day and the day after. If one of these two holidays happens to fall on a service day, the Company will provide service before or after the holidays.
20.2 If the Company cannot provide the services before or after the holidays due to other reasons; the services will be provided on the following week.
20.3 The Company will observe any holidays observed by the customer. The Company will need to be compensated for these holidays even if no service was provided.
21.1 The Company employs subcontractors and employees to provide all services. All subcontractors and employees are interviewed in person and background checked. The company requires each subcontractor to have a business license, business insurance and workers compensation for subcontractors with employees. Further, the Company saves all subcontractors files and are available to the Customer upon request.
21.2 All subcontractors are supervised and managed by the Company.
21.3 The Customer will be notified when there is a change in human resources.
22. Fraud, Misuse, Abuse, or Suspicious Activity
22.1 If the Company sees evidence of fraud, misuse, abuse, or suspicious activity, we'll investigate and if we determine that fraud, misuse or abuse has occurred, we may take action against the customer. We may suspend or cancel service without limitation, and without prior written notice.
22.2 The Company may take legal action to recover our monetary losses, including litigation costs and damages.
22.3 The Company may use a collection agency to secure any remaining balance owed by the customer after service cancellation.
22.4 Any person who knowingly and with intent to defraud the Company commits a fraudulent act which is a crime and subjects the person or business to criminal and civil penalties.
23. Amending the Terms & Conditions
23.1 All the Terms & Conditions are subject to be updated upon thirty (30) days written notice to the customer. Customer’s continued use of any service provided by the Company after the designated effective date shall indicate customer’s acceptance of the new Terms & Conditions.
23.2 The customer may cancel these Terms & Conditions on or before the effective date of such update by giving the Company written notice within seven (7) days of the designated effective date.
23.3 These Terms & Conditions are subject to be updated by reason of any applicable rule/ regulation by the state of California or because of an update in the Company’s interests.
24. Customer’s Responsibilities
24.1 Customer must notify the Company of any update in Customer's address, phone number, email, access to premises and facility, plumbing issues, electrical issues and any safety hazard immediately. Failure by the customer to notify the Company shall constitute a waiver by the customer of any defense based on failure to receive any notice.
24.2 The Company may deliver notices to you at the most recent email, telephone, or address provided by the customer, and those notices will be considered valid even if the customer no longer maintains the email account, telephone number, or receive mail at that address unless the customer provides updated contact information to the Company. Also, the Customer will be solely responsible for all of the activity that occurs in the customer's account. Therefore, the customer must keep his/her password and account information secure. The customer agrees not to disclose his/her password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify the Company of any actual or suspected unauthorized use of your Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Account after you have reported unauthorized access to us.
24.3 The customer shall not block the main path to the dumpster if applicable.
24.4 The customer shall leave all doors to private offices and other rooms open if the customer wants service in such areas. The can customer can also provide the Company with a master key.
24.5 It is understood and agreed that if Restroom Supplies are not selected in the Work Order, the customer will be responsible to buy all restroom supplies for it’s facility. Further, the Company is not responsible for notifying the customer when restroom products are running low.
25. Contacting Customer
25.1 Customer recognizes it is entering into a business relationship with the Company and to the fullest extent permitted by law, expressly consents to the Company contacting the customer via phone, email or text message for purposes relevant to the customer's account or services related to the Company’s business. Customer should review Customer’s phone/text plan with its service provider to see if text message fees or data service rates apply and the customer agrees to accept such charges if applicable.
25.2 Except as otherwise required by law, or as otherwise provided for in these Terms & Conditions, written notices or demands may be personally served by email to the email address provided by the customer or as specified in the Work Order (or updated email address per separate notification as applicable) or by pre-paid first class U.S. Mail to the last known address of the party to be served, as contained in these Terms & Conditions.
26.1 The customer understands and agrees that any business outside of the Company with the Company’s employees or subcontractors is not permitted. These Terms & Conditions will remain in effect as long as the Company’s employees or subcontractors are employed with the Company and two (2) years following the last date of service for the Customer. This is for any additional service for the Customer's benefit or a third party's benefit. If the customer violates the Company’s Non-compete Terms & Conditions it will be a breach of Terms & Conditions and the Company will sue Customer for loss of overhead and profit for all service done outside of the Company.
26.2 Any such business must be approved by the Company prior to such business in writing. If the customer engages in business outside of the Company, the customer may not hold the Company responsible for the quality of service and materials utilized by these persons or their time schedule.
27. Limitation of the Company’s Liability and Indemnity
27.1 Customer will indemnify, defend, and hold the Company and its owners, officers, directors, agents, affiliates, and employees harmless from and against any and all third party claims, actions, losses, damages, liabilities, costs, and expenses (including but not limited to attorneys’ fees and court costs) (collectively a “Third Party Claim”) arising out of or in connection with cleaning services, Customer’s instructions, or Customer’s use of the cleaning services, any breach of representations or warranties provided under this Terms & Conditions by Customer, any Promotion, including any claims for any violation by the Promotion of any applicable law, rule or regulation, Customer’s products or services or the provision thereof to end users. The Company will notify the Customer promptly of any Third Party Claim for which it seeks indemnification and will permit Customer to control the defense of such Third Party Claim with counsel chosen by Customer; provided, that Customer will not enter into any settlement that contains any admission or stipulation to any guilt, fault, liability or wrongdoing on the part of the Company without the Company’s prior written consent.
27.2 The Company does not represent or guarantee the safety of the people in the facility or personal property. The terms are posted at our website, if any, are referenced and made a part of these Terms & Conditions, which terms may be updated by the Company to assist with the operation, safety of our employees and subcontractors.
27.3 Customer agrees to safeguard any jewelry, cash, credit cards, debit cards, checkbooks, cell phones, wallets, firearms, heirlooms, art works, collectibles or other irreplaceable items having special sentimental or emotional value to Customer. Customer hereby waives any claim for sentimental or emotional value for Customer's property that is left at the premises. The Company shall not be liable for any items that are lost, stolen or missing.
27.4 The Company is responsible for property damage, bodily injury that is covered under our insurance or loss resulting from the Company's fraud, gross negligence or willful violation of law. Further, the Company will pay those sums the Company becomes legally obligated to pay as damages because of bodily injury or property damage to which the insurance applies.
27.5 No promises or representations of safety or security have been made to the Customer by the Company for the Customer's owners, officers, directors, agents, affiliates, and employees. There shall be no liability to the Company in the event the Company's employees or subcontractors commit any type of assault.
27.6 Customer hereby releases the Company from any and all claims for loss to personal or business property that are caused by or result from theft.
28. Choice of Law and Arbitration
28.1 Any claim, controversy, cause of action or dispute that might arise between Customer and the Company ("Claim") will be exclusively governed by the laws of the United States of America and the State of California consistent with the Federal Arbitration Act without regard to conflict of law provisions or giving effect to any principles that may provide for the application of the laws of another jurisdiction. Customer agrees that any subpoena, third-party discovery request, or other third-party process directed to the Company must issue from, or be domesticated by, the state or federal courts located within San Diego, California.
28.2 All Claims must be exclusively and finally resolved and settled by final and binding arbitration administered by and in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) before a single arbitrator who is a member of the AAA. Arbitrations will be held in San Diego, California, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitrator will issue a ruling in writing, and will detail all findings of fact and law upon which the ruling was made. The arbitrator will not have the power to commit errors of law or legal reasoning, and the ruling may be vacated or corrected on appeal to a court of competent jurisdiction for such errors. The arbitrator’s ruling will otherwise be final and binding on all parties, and may be entered in any court of competent jurisdiction. NOTWITHSTANDING THE FOREGOING, FOR ANY CLAIM THAT IS NOT SUBJECT TO ARBITRATION, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN DIEGO COUNTY, CALIFORNIA, WHICH IS THE PLACE OF PERFORMANCE OF THESE TERMS.
28.3 CUSTOMER AND THE COMPANY AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH CUSTOMER AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A CLAIM IMPLICATES THIS SUBSECTION (C), AND THIS SUBSECTION (C) IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.
29.1 Any of Customer’s terms or conditions that are in addition to or different from those contained in or added by way of interlineation to the Terms & Conditions, including any Purchase Order, as originally provided to Customer by the Company that are not separately expressly agreed to in writing by both parties are deemed material and are hereby objected to and rejected by the Company. No conditions, printed or otherwise, appearing on other contracts, orders or copy instructions that conflict with, vary, or add to these Terms & Conditions will be binding by the Company, and any conflicting or additional terms contained in any other documents or oral discussions are void. The Terms & Conditions embodies the entire and exclusive Terms & Conditions between the parties respecting the subject matter herein, and supersedes any and all prior related oral, emailed or written representations and Terms & Conditions between the parties. No statements or promises by either party have been relied upon in entering into the Terms & Conditions, except as expressly set forth herein.
29.2 Notices under the Terms & Conditions must be in writing and sent via the following methods. The Company may provide effective notice to Customer by facsimile, registered or certified mail, commercial courier or by sending an email to the email address specified in the Purchase Order section or as provided within your Account, and the notice will be deemed received when received by Customer, but in any event no later than three (3) days after dispatch by the Company. Any notices sent by Customer to the Company must be sent via registered or certified mail, or commercial courier to its main service address., 380 S Melrose Dr Suite 300 Vista, California 92081, though notices of service cancellation for convenience may also be sent via email as specified above in Section 7, and will be deemed received when such notice is received by the Company.
29.3 Any conflict among the Terms & Conditions and Purchase Order will be resolved first in favor of the Purchase Order (most recent first, if applicable) and then the Terms & Conditions. The Terms & Conditions may not be amended or modified except as agreed upon in writing by the parties. No provision in the Terms & Conditions may be waived, except pursuant to a writing executed by the party against whom the waiver is sought to be enforced. The customer may not assign any rights or obligations under the Terms & Conditions without the Company’s prior written consent, and any purported assignment by the Company shall be void. If any provision of the Terms & Conditions is held to be invalid or unenforceable, the parties will either substitute for the affected provision a valid or enforceable provision that approximates the intent and economic effect of the affected provision or strike such provision without further prejudice to the Terms & Conditions such that all remaining provisions of the Terms & Conditions shall remain in full force and effect. Sections 19, 20, 23, 24 and 25 of the Terms & Conditions will survive any service cancellation of the Terms & Conditions.
29.4 This Terms & Conditions contains the entire Terms & Conditions of the parties and no representation or Terms & Conditions, oral, or otherwise, between the Company and Customer not embodied herein shall be of any force or effect (except for written addenda agreed to between the parties).
29.5 The Company and Customer hereby execute these Terms & Conditions to be effective on the Date listed above.