The Rosland Capital Million Dollar Special
Only one set of Free Products valued at $1,000 per person or entity. There is a limit of One Thousand (1,000) sets of Free Products valued at $1,000 each. Telephone calls for this promotion will be answered in the order received and only the first 1,000 qualified participants will be entitled to obtain a Million Dollar Special set of Free Products valued at $1,000. While supplies last. All Million Dollar Special sets of Free Products may not be distributed if fewer than 1,000 new qualified customers make the required purchases. The ability to obtain Million Dollar Special Free Products has no cash value and there is no cash back. The Free Products cannot be returned for cash, exchange, or credit against future purchases.
Rosland Capital reserves the right to modify, suspend, cancel, terminate or discontinue this promotion at any time without prior notice. Rosland Capital further reserves the right to modify, suspend, cancel, terminate or discontinue this promotion if it is not capable of completion as planned, including without limitation because of infection by computer virus, bugs, tampering, unauthorized intervention or technical or other failures of any sort, or any other causes beyond its control. Rosland Capital, in its sole discretion, reserves the right to disqualify any person or entity or limit the use of the Million Dollar Special for any reason. By participating in this promotion, participants waive any right to claim any ambiguity or error in these Terms and Conditions and agree to be bound by these Terms and Conditions and by all decisions of Rosland Capital, whose decision is final and binding in all respects.
Rosland Capital is not responsible for incomplete or dropped phone calls, lost, late, damaged, incomplete, stolen, illegible, misdirected, deleted, destroyed or altered information, or for any mail, computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, errors, interruptions, deletions, defects, delays, connections, availability or garbled or jumbled transmissions, service provider/Internet/other accessibility or availability, traffic congestion, or unauthorized human intervention, as applicable. Except to the extent pre-empted by federal or other applicable state law, this promotion shall be governed by the laws of the State of California (without giving effect to any conflict of law provisions thereof). By participating in this promotion, participants agree that any and all disputes which cannot be resolved between the participant and Rosland Capital (including any of Rosland Capital's current or former officers, directors, managers, members, employees or agents), and causes of action arising out of or connected with this promotion, shall be resolved individually, without resort to any form of class action, exclusively, in arbitration, in a final and binding matter, applying the laws of the State of California without giving effect to any conflict of law provisions thereof. Included within the arbitration are the determination of the breach, termination, enforcement or interpretation of these Terms and Conditions as well as the enforceability, validity, scope or applicability of this agreement to arbitrate and any allegations that this agreement to arbitrate is unconscionable or unenforceable in any way.
Subject to the arbitration provision, the participants and Rosland Capital agree that Los Angeles County, California is the exclusive venue for filing any action and hearing concerning disputes arising from or relating to this promotion. The participants and Rosland Capital agree that any arbitration shall be administered by JAMS streamlined arbitration rules (the “arbitration rules”). Notwithstanding the foregoing sentence, this agreement shall supersede the arbitration rules to the extent of any conflict between these Terms and Conditions and the arbitration rules. The arbitration proceedings shall be kept in strictest confidence. The arbitration shall be conducted by a single arbitrator who shall be either a retired California Superior Court Judge or a retired California Appellate Justice selected in accordance with the arbitration rules from JAMS’ panel of Los Angeles, California arbitrators. The participants and Rosland Capital agree that the exclusive venue for arbitration proceedings, including any arbitration hearing, will be Los Angeles, California. The participants and Rosland Capital further agree to the personal jurisdiction of the Superior Court, Los Angeles County, State of California, or the Federal District Court for the Central District of California, to enforce the arbitration provisions in these Terms and Conditions. The participant and Rosland Capital agree that they will share equally in the basic arbitration costs, including administration fees and the fees of the arbitrator. The participants and Rosland Capital shall be responsible for their own attorneys’ fees related to the arbitration proceedings and agree that the arbitrator may not award costs or attorney’s fees to the prevailing party(ies).
By agreeing to arbitrate, the participants and Rosland Capital are waiving any right to have such claims, disputes or controversies determined in a court of law by a judge or by a jury and are similarly waiving their rights to appeal. The participants and Rosland Capital acknowledge and agree that, regardless of any statute or law to the contrary, any claim, arbitration, lawsuit, legal action, dispute or proceeding of any kind arising from or related to this promotion between the participant and Rosland Capital is forever barred unless commenced within one (1) year from the date of the transaction arising from the promotion. The participants and Rosland Capital further acknowledge that, but for this waiver, such party might have a longer time period to initiate a claim under state or federal law. A party’s liability in all claims whether sounding in tort, contract, warranty or otherwise shall not exceed the amount actually paid by a participant in the promotion for the products in dispute less the products’ fair market value as of the date any arbitration proceeding is commenced. Under no circumstances shall a party be liable to the other party for, and the arbitrator shall not award, indirect, incidental, additional, punitive, special, exemplary or consequential damages (including damages for lost profits to any party) even if a party has been advised of the possibility of such damages, and the parties waive any right to recover such damages. This paragraph states the exclusive damage remedies available to each party.