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Last updated December 1, 2021
TreeHouse Toys & Play is a DBA and trademark of Rosca Enterprises of Beachwood LLC (together, “TreeHouse Toys & Play” or “TreeHouse” and/or us, we, our), an Ohio limited liability company with its principal place of business at 23250 Chagrin Blvd. Suite 100, Beachwood, OH 44122, and is the owner and operator of www.treehousefun.com, the TreeHouse Toys & Play playground and toy store, as well as social media pages, the TreeHouse Toys & Play app, and other websites TreeHouse may designate from time to time (together, the “Platforms”). The following are our Terms of Use for the use of any and all of our Platforms (the “Terms”). These Terms are important and affect your legal rights, so please read them carefully.
By accessing or using our Platforms provided now or in the future by TreeHouse or our subsidiaries, affiliates, or franchisees, you agree to be bound by these Terms and all of the provisions incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Platforms or use the services, programs and/or products made available through the Platforms (together, the “Services and/or Products”). As used in these Terms, “you” and “your” refer to you as well as to any child or other family member whose parent or guardian you are, and/or whom you registered for the use of our Platforms and/or purchase of any of our Services and Products, with legal authority to do so, and/or for whom you purchased any of our Services and/or Products or whom you authorized to use any of our Platforms, Services and/or Products. You represent and warrant that you are the parent or legal guardian of any child under the age of 13 whom you register for the use of our Platforms and/or for whom you purchase any of our Services and Products and/or whom you authorized to use any of our Platforms, Services and/or Products, and you acknowledge and agree that registration, use, and/or purchases are all conditioned upon your agreement and compliance with these Terms.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by publishing the new version on our Platforms. By continuing to access or use the Platforms or use, purchase, or receive our Services and Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to read the Terms frequently. If you do not agree to the Terms and any revised Terms as we may publish from time to time, you may not access or use the Platforms or use or order our Services or Products.
Please refer to our Privacy Policy for information about how we collect, use, and/or disclose information about our guests and/or customers including you. The Privacy Policy is part of these Terms and is fully incorporated herein by reference.
To create a user account on our website or app, you must be at least 13 years old, a United States resident, and have the power and authority to enter into these Terms of Use. You may not access or use our Platforms if you have been banned from the Platforms. Also, we give you permission to use the Platforms subject to the terms and conditions in these Terms as well as the Playground Rules and Guest Responsibilities and Privacy Policy in force at the time of your access. Your use of the Platforms, including without limitation the TreeHouse Toys & Play playground and app, are at your own risk. We reserve the right to discontinue, interrupt, modify, suspend, or change any of our Platforms at any time without prior notice or liability.
To access and use the Platforms and purchase services and products you must register through our website or app and create an account. The information we collect in connection with your registration and creation of an account, as well as any information and/or data we collect regarding your and use of our Platforms and purchase of services of products, is governed by our Privacy Policy.
To create the account, you provide certain information about yourself and your child/children to use some of the features offered through the Platforms. You agree to provide complete and accurate information (e.g. contact info, names, date of birth, etc.) and not to impersonate someone else such as fictitious or actual people. You also agree not to create multiple accounts.
You agree that you are responsible for maintaining the security of your account, including the confidentiality of your login info (user name and/or password), and agree to notify us immediately of any unauthorized access to, or use of, your account. You further agree that we have the right to close your account at any time for any or no reason.
By creating an account with us, you agree to receive communications we may send in connection with the Platforms, our Services and/or Products, and any services and/or products of our affiliates and/or business partners (including administrative, technical, security- or purchase-related), via email, text message, app message, social network messages, or other means. You agree that you are responsible for any and all fees charged by any third parties to access and use the Platforms (such as data, internet, and/or phone charges), including any charges associated with receiving and/or sending text messages.
Your use of our Platforms and/or purchase of a Service and/or Product represents a revocable license that we may canceled at any time. If you breach any of these Terms, Playground Rules, or Privacy Policy, or otherwise present or threaten a risk to the safety and/or orderly operation of any of the Platforms or to the safety or health of our guests or staff, we may refuse you admission to, or remove you from, any of our Platforms at any time, in our sole discretion, and without any refund to you. You and/or your belongings may be searched upon your access of the Platforms. You consent to such searches and waive any related claims that may arise. If you do not consent to such searches, you may be denied access to the Platforms.
You further agree and acknowledge that your appearance, attire, actions, and conduct inside of our playground and otherwise on all our Platforms are public in nature, our Platforms are public places, and you have no expectation of privacy with regard to your actions, conduct or appearance in our playground and otherwise on all our Platforms. By accessing our Platforms and/or using our Services and/or Products, you agree and give us permission to utilize your image, likeness, appearance, activities, plays, movements, and statements in any photo display or live or recorded audio or video, or any other publication made on any of our Platforms, including our playground, for any purpose, in any manner, and/or in any medium whether in existence at this time or later created, without any need for further authorization from, or any compensation or payment to, you or anyone acting on your behalf.
Lastly, by accessing our Platforms and/or using our Services and/or Products, you agree to comply with the Playground Rules and Guest Responsibilities as modified from time to time at all times, which are fully incorporated herein by reference and are part of these Terms. You further agree that we have the right to refuse you entry to, and/or remove you from, our Platforms, including our playground, at any time, as our staff deems necessary to protect our Platforms and/or the safety and health of our customers and staff, and that we are not responsible for loss or theft of, or harm or damage to, your property or your person. You should not leave personal belongings unattended. You should also not leave any children you are responsible for unattended.
YOU UNDERSTAND AND AGREE THAT THERE ARE CERTAIN INHERENT RISKS AND HAZARDS ASSOCIATED WITH THE USE OF AND/OR PARTICIPATION IN THE PLATFORMS, INCLUDING OUR PLAYGROUND, AND SUCH RISKS MAY INCLUDE HARM OR INJURY, ILLNESS, SERIOUS INJURY AND/OR DEATH. YOU FREELY, KNOWINGLY, FULLY AND VOLUNTARILY ASSUME ANY AND ALL SUCH RISKS AND/OR HAZARDS, BOTH KNOWN AND UNKNOWN, INCLUDING WITHOUT LIMITATION ANY SUCH RISKS AND/OR HAZARDS THAT MAY ARISE DUE TO THE ACTIONS OR INACTIONS OF OTHER PLATFORM (INCLUDING PLAYGROUND) USERS, CUSTOMERS AND/OR GUESTS. YOU, ON BEHALF OF YOURSELF AND YOUR AGENTS, HEIRS, AND/OR ASSIGNS, AGREE TO HOLD HARMLESS AND INDEMNIFY US, OUR AFFILIATES, PRINCIPALS, OWNERS, OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, CUSTOMERS, USERS, AND/OR GUESTS, INCLUDING ANY OF THEIR SUCCESSORS AND/OR ASSIGNS FROM, AND RELEASE AND WAIVE, ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, DAMAGES, COSTS, EXPENSES, AWARDS, AND/OR JUDGMENTS ARISING FROM OR RELATING TO YOUR USE OF AND/OR PARTICIPATION IN THE PLATFORMS (INCLUDING PLAYGROUND), AND/OR USE OF THE SERVICES AND/OR PRODUCTS, AND/OR ANY ACTIVITY AND/OR ACTIONS THEREIN.
For purposes of these Terms, “Content” means images, videos, text, audio, metadata including location data, and all other forms of data or communication. “Our Content” means Content that we create and/or make available in connection with our Platforms and/or your use of our Platforms, Services and/or Products, including, without limitation, the design (and any element of design) of our Platforms (including, without limitation, our playground, the TreeHouse app, and the TreeHouse website), features, graphics, layouts, settings, imagery, appearance, descriptions, methods and manners of operation and conduct of our activities, and further including computer code, any digital information or design, software, descriptions of Services and/or Products and Platforms, whether or not trademarked or copyrighted. “Your Content” means Content that you create, submit, and/or send to, through, or related to our Platforms, Services and/or Products, including, without limitation, any Content you circulate or create through our Platforms (including the TreeHouse app) and also any ratings, reviews, messages, and/or other information related to our Platforms, Services and/or Products that you publicly display or publish.
You agree that we exclusively own all Our Content as defined above, and have an exclusive right to use as to Our Content unless we explicitly and in writing assign such right, or portions of it, to anyone. You further agree that we own the trademarks, copyrights, any service marks, trade names, and/or other proprietary or intellectual property rights in the United States and throughout the world, that are associated with Our Content, our Platforms, and our Services and/or Products. Thus, you further agree not to publish, reproduce, distribute, modify, copy, alter, create derivative works or adaptations, or in any way use for any purpose, whether or not financial, any of Our Content without our prior written express approval, which we may or may not grant in our exclusive discretion.
You agree that we may, and give us permission to, use any of Your Content or parts thereof in order to publish it, incorporate it into our works and/or advertisements or public materials, publicly display or exhibit it, promote it, modify it, create derivative works from it, and allow our affiliates and/or business partners to do the same with such content. You agree that we need not notify you before we use Your Content in the manner set forth herein. You entirely and irrevocably waive any claims or actions, including claims of moral rights or attribution, with respect to Your Content. YOU FURTHER AGREE TO HOLD US, OUR AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, PRINCIPALS, MEMBERS, OWNERS, AGENTS, AND/OR EMPLOYEES HARMLESS FROM ANY CLAIMS THAT MAY BE ASSERTED AGAINST US BY ANYONE IN CONNECTION WITH OUR USE OF YOUR CONTENT AS SET FORTH IN THIS SECTION.
By submitting to us through any medium any suggestions, ideas, proposals, or documents (together, “Information”), you agree that (a) such Information is not confidential and we have no obligation to maintain confidentiality as to such Information, (b) you are not breaching or infringing any third party’s rights as to such Information, (c) you freely, fully, and irrevocably transfer and convey to us, free of charge or any financial or non-financial obligations, any rights you may have as to such Information and grant us an irrevocable, royalty-free, perpetual, worldwide right and license to use in full or in part, change or modify, prepare any derivative works, publish, distribute, transfer, and/or license the Information as we deem fit and to whoever we deem fit, and you irrevocably and fully waive, disclaim, and cause to be waived and disclaimed, against TreeHouse, its affiliates, partners, customers, Platform users, owners, principals, members, directors, officers, agents, representatives and/or employees any claims for financial or non-financial compensation, any other claims, and any assertions of any moral rights as to such Information.
The Platforms may from time to time include links to or reference other web sites or platforms owned or operated by third parties unrelated to TreeHouse, solely for the users, customers, and/or visitors’ convenience. TreeHouse does not endorse or adopts the information contained in any such websites or platforms, or the products or services featured in or referenced by such websites or platforms, and makes no express or implied warranties as to any information, products, or services therein. VISITORS OR USERS OF TREEHOUSE’S PLATFORMS MAY ACCESS AND/OR USE SUCH OTHER WEBSITES OR PLATFORMS, AND ANY INFORMATION, SERVICES OR PRODUCTS THEREIN, AT THEIR OWN RISK.
Likewise, if you interact or deal with any advertisers or any other third party entities you identified, located, or accessed through the Platforms, any such interaction or dealing is solely between you and such third party entities, and any disputes and/or disagreements are solely between you and such third party entities. YOU AGREE THAT TREEHOUSE, ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, MEMBERS, PRINCIPALS, AND/OR EMPLOYEES ARE NOT RESPONSIBLE OR LIABLE FOR ANY ALLEGED OR ACTUAL LOSS, DAMAGE, OR HARM OF ANY KIND THAT MAY BE INCURRED OR ARISE OUT OF OR IN CONNECTION WITH ANY SUCH DEALINGSS OR INTERACTIONS WITH ANY SUCH THIRD PARTIES, AND FURTHER AGREE TO HOLD TREEHOUES, ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, MEMBERS, PRINCIPALS, AND/OR EMPLOYEES HARMLESS FROM ANY CLAIMS ARISING OUT OF YOUR INTERACTIONS OR DEALINGS WITH SUCH THIRD PARTIES.
YOU AGREE THAT THE PLATFORMS, SERVICES AND/OR PRODUCTS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ANY AND ALL FAULTS” BASIS AND THAT YOUR USE OF THE PLATFORMS, SERVICES AND/OR PRODUCTS IS AT YOUR OWN RISK, DISCRETION, AND INITIATIVE. YOU ACKNOWLEDGE AND AGREE THAT TREEHOUSE, ITS DIRECTORS, OFFICERS, PRINCIPALS, MEMBERS, OWNERS, AND/OR EMPLOYEES MAKE AND HAVE MADE NO CLAIMS, PROMISES, OR GUARANTEES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE PLATFORMS, SERVICES, AND/OR PRODUCTS, THEIR SAFETY AND/OR SECURITY, OR THEIR MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. YOU FURTHER AGREE THAT TREEHOUSE, ITS OWNERS, MEMBERS, PRINCIPALS, DIRECTORS, OFFICERS, AND/OR EMPLOYEES ARE NOT RESPONSIBLE OR LIABLE TO YOU (INCLUDING YOUR CHILDREN, WHEN APPLICABLE) FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR USE OR PURCHASE OF, OR ACCESS TO, THE PLATFORMS, SERVICES AND/OR PRODUCTS. YOU AGREE TO OUR EXPRESS DISCLAIMER OF ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION, SUGGESTION, OR ADVICE PROVIDED TO YOU BY ANY AGENT, EMPLOYEE, STAFF, OR REPRESENTATIVE OF TREEHOUSE SHALL CREATE A REPRESENTATION OR WARRANTY. WE SPECIFICALLY MAKE NO REPRESENTATION AS TO THE RELIABILITY, SECURITY, OR MERCHANTABILITY OF ANY OF OUR DIGITAL PLATFORMS, INCLUDING OUR WEBSITE AND OUR APP, AND YOU AGREE THAT YOUR USE OF OUR PLATFORMS ARE AT YOUR OWN RISK. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ANY DIGITAL, ELECTRONIC, OR COMPUTERIZED COMPUTER SYSTEM YOU USE AND/OR ANY LOSS OF DATA RESULTING FROM YOUR USE OF SUCH PLATFORMS.
YOU AGREE THAT TREEHOUSE, ITS OWNERS, MEMBERS, PRINCIPALS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, USERS, CUSTOMERS, AND/OR AFFILIATES ARE NOT LIABLE TO YOU OR ANY OTHER PERSON WHOSE PARENT OR GUARDIAN YOU ARE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OR PURCHASE OF, AND/OR ACCESS TO, OUR PLATFORMS, SERVICES AND/OR PRODUCTS, INCLUDING, WITHOUT LIMITATION, OUR PLAYGROUND, AS WELL AS OUR SERVICES AND/OR PRODUCTS. IF ANY APPLICABLE LAW DOES NOT PERMIT EXCLUSION OF ALL DAMAGES, THEN THIS LIMITATION OF LIABILITY WILL BE VALID TO THE FULL EXTENT PERMITTED UNDER SUCH LAW, AND YOUR DIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OUR PLATFORMS, SERVICES AND/OR PRODUCTS SHALL BE LIMITED TO $100. FURTHER, YOU FULLY AND IRREVOCABLY WAIVE ANY INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO THE FULLEST EXTENT POSSIBLE. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
FURTHER, IN EXCHANGE FOR YOUR USE OR PURCHASE OF, OR ACCESS TO, ANY OF OUR PLATFORMS, SERVICES AND/OR PRODUCTS, YOU (ACTING FOR YOURSELF AND/OR AS AGENT AND REPRESENTATIVE FOR ALL OF YOUR FAMILY, HEIRS, SUCCESSORS, AND ASSIGNS) FULLY, IRRECOVABLY, AND FOREVER RELEASE, HOLD HARMLESS, PROMISE NOT TO SUE, AND DISCHARGE TREEHOUSE AND/OR ITS OWNERS, MEMBERS, OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS, USERS, AND CUSTOMERS, INCLUDING THEIR SUCCESSORS AND ASSIGNS (TOGETHER, THE “RELEASED PERSONS”) FROM ANY AND ALL CLAIMS, INJURIES, DEMANDS, LIABILITIES, DISPUTES, CAUSES OF ACTION (INCLUDING STATUTORY, CONTRACT, NEGLIGENCE OR OTHER TORT THEORIES), PROCEEDINGS, OBLIGATIONS, DEBTS, LIENS, FINES, CHARGES, PENALTIES, CONTRACTS, PROMISES, COSTS, EXPENSES (INCLUDING ANY CASE COSTS AND/OR ATTORNEYS’ FEES, WHETHER INCURRED AT OR IN PREPARATION FOR TRIAL, APPEAL, MEDIATION, OR OTHERWISE), DAMAGES (INCLUDING CONSEQUENTIAL, COMPENSATORY, SPECIAL, OR PUNITIVE DAMAGES), OR LOSSES (WHETHER KNOWN, UNKNOWN, ASSERTED, UNASSERTED, FIXED, CONDITIONAL, OR CONTINGENT) THAT ARISE OR MAY ARISE FROM OR RELATE TO ANY OF THE PLATFORMS, SERVICES AND/OR PRODUCTS WE PROVIDE OR MAKE AVAILABLE (TOGETHER, THE “CLAIMS”) THAT YOU HAVE OR MAY HAVE IN THE FUTURE AGAINST ANY RELEASED PERSON ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR PURCHASE OF, AND/OR ACCESS TO, THE PLATFORMS, SERVICES AND/OR PRODUCTS WE PROVIDE OR MAKE AVAILABLE TO YOU. SUCH RELEASES ARE INTENDED TO BE GENERAL, IRREVOCABLE, AND COMPLETE RELEASES AND WAIVERS OF ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR PURCHASE OF, OR ACCESS TO, THE PLATFORMS, SERVICES AND/OR PRODUCTS WE PROVIDE OR MAKE AVAILABLE.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF ANY DISAGREEMENTS, DISPUTES, AND/OR DISSATISFACTION ARISING OUT OF, OR RELATED IN ANY WAY TO, YOUR USE OR PURCHASE OF, OR ACCESS TO, ANY OF OUR PLATFORMS, SERVICES AND/OR PRODUCTS, OR FOR ANY OTHER GRIEVANCE OR CLAIM, SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF SUCH PLATFORMS, SERVICES AND/OR PRODUCTS AND YOUR REIMBURSEMENT OF ANY PRICE PAID.
YOU FURTHER IRREVOCABLY AGREE TO FULLY INDEMNIFY TREEHOUSE, ITS OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CUSTOMERS, USERS, BUSINESS PARTNERS, AND/OR AFFILIATES, AS WELL AS THEIR SUCCESSORS AND ASSIGNS, FROM ANY AND ALL LIABILITIES, CLAIMS, ACTIONS AND EXPENSES, INCLUDING CASE COSTS AND ATTORNEYS’ FEES (TOGETHER, “CLAIMS”), THAT ARISE OR MAY ARISE FROM YOUR BREACH OF ANY OF THESE TERMS OR YOUR USE, MISUSE OR PURCHASE OF, OR ACCESS TO, ANY OF OUR PLATFORMS, SERVICES AND/OR PRODUCTS. YOU AGREE THAT WE HAVE THE RIGHT, AT OUR OWN EXPENSE AND IN OUR OWN DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER THAT MAY OTHERWISE BE SUBJECT TO YOUR INDEMNIFICATION HEREIN, AND THAT IN SUCH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
LASTLY, YOU AGREE THAT, IF ANY OF THE FOREGOING PROVISIONS ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, THEN THEY SHALL BE CONSTRUED TO BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED.
Binding Arbitration and Class Action Waiver: YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND TREEHOUSE, ITS OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND/OR PARTNERS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND WHETHER PREEXISTING, PRESENT OR FUTURE, INCLUDING, WITHOUT LIMITATION, STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS OR CAUSES OF ACTION, ARISING OUT OF OR RELATING TO THESE TERMS, THEIR ENFORCEMENT, APPLICABILITY, VALIDITY, INTERPRETATION, ALLEGED BREACH, TERMINATION, AND/OR RELATIONSHIPS OR DUTIES ARISING OUT OF SUCH TERMS, THE PLATFORMS, AND/OR YOUR USE AND/OR PURCHASE OF, OR ACCESS TO, ANY OF THE PLATFORMS, SERVICES AND/OR PRODUCTS (TOGETHER OR INDIVIDUALLY, “CLAIM” OR “CLAIMS”) SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH THE CONSUMER ARBITRATION RULES THEN IN EFFECT (AVAILABLE AT WWW.ADR.ORG/ARB_MED OR BY CALLING THE AAA AT 1-800-778-7879), OR, IF NOT POSSIBLE FOR ANY REASON, ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER OR PRIVATE ARBITRATOR MUTUALLY AGREED UPON BY YOU AND TREEHOUSE, OR IF NO SUCH AGREEMENT IS REACHED, ANY PRIVATE ARBITRATOR DESIGNATED BY THE CLOSEST JAMS LOCATION. THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS SECTION. YOU AGREE THAT SUCH ARBITRATION WILL BE LIMITED SOLELY TO THE DISPUTE(S) AND/OR CLAIM(S) BETWEEN YOU IN YOUR INDIVIDUAL CAPACITY AND/OR AS REPRESENTATIVE OF ANY FAMILY MEMBER, AND TREEHOUSE, ITS OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND/OR BUSINESS PARTNERS AND/OR THEIR SUCCESSORS AND ASSIGNS, RESPECTIVELY. NEITHER YOU NOR US SHALL BE ENTITLED TO JOIN OR CONSOLIDATE ANY CLAIM(S) OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MASS OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE INITIATE, MAINTAIN, AND/OR PARTICIPATE IN, A CLASS ACTION AGAINST THE OTHER PARTY, IN COURT OR ARBITRATION. THE ARBITRATOR WILL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO ARBITRABILITY AND/OR ENFORCEABILITY OF THIS ARBITRATION PROVISION, INCLUDING ANY UNCONSCIONABILITY CHALLENGE OR ANY OTHER CHALLENGE THAT THE ARBITRATION PROVISION OR THE TERMS ARE VOID, VOIDABLE, OR OTHERWISE INVALID. THE ARBITRATOR WILL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD OTHERWISE BE AVAILABLE IN COURT UNDER LAW OR IN EQUITY. ANY AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON YOU AND US AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. EACH PARTY TO SUCH DISPUTE AND/OR ARBITRATION PROCEEDINGS SHALL BE RESPONSIBLE FOR THEIR RESPECTIVE COSTS AND ATTORNEYS’ FEES. ARBITRATION SHALL TAKE PLACE IN CUYAHOGA COUNTY, OHIO. FURTHER, IN CASE THIS ARBITRATION PROVISION IS FOUND TO BE INVALID IN PART OR IN WHOLE OR IS OTHERWISE NOT ENFORCEABLE OR APPLICABLE, YOU AGREE THAT YOU MAY FILE ANY COURT CLAIM SOLELY IN YOUR INDIVIDUAL CAPACITY OR AS A REPRESENTATIVE OF YOUR FAMILY AND NOT AS A REPRESENTATIVE OF ANY PUTATIVE OR CERTIFIED CLASS, OR OTHERWISE AS PART OF ANY GROUP OF UNRELATED PARTIES, AND FURTHER AGREE TO HAVE ANY CLAIM YOU MAY HAVE ADJUDICATED SOLELY BY A JUDGE AND TO WAIVE ANY TRIAL OF SUCH CLAIM BY JURY.
You agree that you may bring any Claim only within one (1) year after such Claim or cause of action arose, regardless of any statute or law, including common law, to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such Claim shall be forever barred, to the full extent permitted under the law.
Lastly, you agree that these Terms or any Claim shall, to the maximum extent permitted by applicable law, be governed by the laws of the State of Ohio, without regard to any conflicts of laws.
You may terminate your account on our app from within the app or may otherwise contact us at contact@treehouesfun.com to request the termination of your account. We will endeavor to do so within a reasonable time, likely to take around fifteen business days barring any unforeseen event. You further agree that we have the right to close your account, suspend your ability to access any of our Platforms, and/or ban you altogether from any of our Platforms for any or no reason, and without any notice or liability. You agree that, in the event of any termination of your account, for any reason and by anyone, these Terms, and in particular Sections 8, 9, and 10 herein, will continue in full force and effect.
These Terms contain the entire agreement between you and TreeHouse regarding the use of our Platforms and/or our Services and/or Products, and supersede any prior agreement between you and us on such subject matter. You agree that you place no reliance whatsoever on any oral representations made to you at any time by anyone purporting to act as TreeHouse’s agent, employee, or representative.
You agree that you may not transfer, assign, or license any rights or obligations under or related to these Terms and/or your relationship and/or interactions with us except with our prior written consent. You agree that we may transfer, assign, or license such rights or obligations without your permission, restriction or notice to you. You agree that any attempted assignment by you of any Claims as defined above, shall violate these Terms and be void.
You acknowledge and agree that any failure on our part to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. You further acknowledge and agree that if any provision of these Terms is found to be unenforceable, unconscionable, or otherwise invalid, then that provision, and only that provision, shall be modified or eliminated to the minimum extent necessary, and that these Terms shall otherwise remain in full force and effect and enforceable.
The section titles in these Terms are for reader’s convenience only and have no legal or contractual effect. In particular, no party can base its argument or otherwise rely in any proceedings upon the content of such section titles.
Notice for California Residents Only: Under California Civil Code Section 1789.3, California users may be entitled to the following consumer rights notice: If you have a question or complaint regarding the digital Platforms, please contact us using the information we’ve provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
You acknowledge and agree that by clicking on buttons or boxes in our Platforms that include or feature text starting with or stating “I AGREE”, “I CONSENT”, “DOWNLOAD”, “I ACCEPT” or similar, you accept these Terms, are submitting a legally binding electronic signature, and are entering into a legally binding contract with us. You acknowledge that your electronic signature and submissions constitute your consent, agreement, and intent to be bound by these Terms.
Legal notices will be served, with respect to us, by email to contact@treehouesfun.com and with respect to you, to the email address you provide to us during the registration process. Notice will be deemed given one business day after email is sent, unless the sending party is notified that the email address is invalid or the email message was otherwise not delivered.
Date: December 1, 2021
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