Please read the following Membership Terms and Conditions. Pinnacle Communications Int'l, Inc. reserves the right to modify, alter or update these Membership Terms and Conditions at anytime.
Applicants register for membership with CaribbeanFever Mall, a program run by Pinnacle Communications Int'l, Inc. a Florida corporation with its principal place of business located at 9116 Cypress Green Drive, Jacksonville, Florida, 32256, hereinafter referred to as "Pinnacle" pursuant to the terms of this Agreement, agree to abide by the following Terms and Conditions:
PLEASE READ THIS USER AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
This web site and all materials, pages, graphics, modules or other elements (the "Site") is offered to you and your use is strictly conditioned upon your acceptance of the terms hereof, without modification. By using this Site, you signify your agreement to these membership terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site. The terms and conditions (the "Terms") set forth herein are subject and subordinate to all applicable laws and to the extent any provision hereof is superseded by law, all other provisions shall remain intact and shall not be deemed waived or otherwise affected. The Terms hereof include and incorporate by this reference: (i) all rules and regulations; (ii) all contest, game or promotion rules, terms and conditions; and (iii) the Anti-Spam, Privacy and Security policies, in any form, provided on or promulgated by the Site. We reserve the right to modify, alter or update these Terms at anytime, upon such modification, your continued use of the Site constitutes your acceptance of all such changed Terms.
1 - OWNERSHIPThis Site, with the arrangement and compilation of the content found on this Site, is the copyrighted property of Pinnacle Communications International, Inc. In addition, trademarks, logos and service marks displayed on this Site (collectively, the "Marks") are registered and/or common law Marks of Pinnacle, its affiliates, and various third parties. Nothing contained on this Site is intended or should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the Marks without the written permission of Pinnacle, or such other party that may own any such Mark. As a user of the Site, you may view the Marks but are prohibited from duplication, sale, or any unauthorized use of the Marks without express written consent of the owner(s).
2 - USE; GRANT OF LICENSE
This Site is made available only for your personal use. You are hereby granted a personal non-commercial license to use the Site subjects to all of the Terms hereof. All content of the Site, as well as the underlying infrastructure and intellectual property, as applicable, is the sole property of Pinnacle or its affiliates. You may use this Site only for the lawful purposes provided for herein, namely as a gateway for online shopping and for such other offers or purposes set forth by the Site from time to time, and for no other purpose. You shall not use this Site for speculative, fraudulent or false purposes, or to make purchases or establish member accounts which are false or fraudulent in any way, or otherwise participate in any services, games, promotions or privileges available on the Site in any way which is false or fraudulent, or in violation of any of the Terms hereof or any other rules, regulations or conditions made available on the Site. By your use of the Site you agree not to use the Site or the information contained herein for any other purpose. Further, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or unlawfully sell or re-sell any information, software, products, or services obtained from this Site. In addition, whether you have a commercial purpose or not, you agree not to: (a) access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Pinnacle; (b) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to or use of this Site, or to otherwise interfere with the proper working of the Site; (c) take any action that imposes, or may impose, in the discretion of Pinnacle or its Site infrastructure service provider(s), an unreasonable or disproportionately large load on the Site's infrastructure; or (d) link to any portion of this Site, including its individual pages or graphics, for any purpose without express written permission of Pinnacle. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. Without waiving any rights of Pinnacle, you must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You are solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this Site.
3 - SITE USER REPRESENTATIONS
You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand and agree that you are financially responsible for all uses of this Site by you and those using your login information, when applicable. You hereby represent that you agree and shall use this Site in conformance with all applicable laws, and that the violation of any law, use of any false identification data or the creation of any account for any purpose which would serve to circumvent, cheat, unjustly enrich or otherwise unfairly obtain money, property or services by way of the Site, is a material violation of the terms hereof. You represent that you are solely responsible for reading and abiding by all the Terms hereof (which includes these Membership Terms and Conditions and: (i) all rules and regulations; (ii) all contest, game or promotion rules, terms and conditions; and (iii) the Anti-Spam, Privacy and Security policies, in any form, provided on or promulgated by the Site). You understand and agree that Pinnacle may prosecute any act committed by you which is a criminal or civil offense, breach of these Terms or otherwise results in harm to Pinnacle or its affiliates. You have read the Pinnacle Anti-Spam, Privacy and Security policies and statements and agree with the terms thereof and hereby waive any objection or defense thereto including but not limited to their reasonableness and consent to the use of your personal information and Pinnacle's placement of cookies on your computer, as set forth therein.
Member hereby represents and warrants that he or she: (a) is of legal age and is legally competent in the state/country in which he/she resides, (b) has fully and truthfully completed and submitted the Pinnacle membership registration (c) has been accepted as a member by Pinnacle (d) understands that Pinnacle reserves the right to amend this Agreement, its prices, product and service offerings and availability, and compensation plan as it deems appropriate, and (e) is solely responsible for keeping abreast and knowledgeable of these Terms of use. Member acknowledges and agrees that amendments to the Terms will be communicated to all Members through Pinnacle publications and are effective and binding on all Members as of the date of issuance. (f) gives unconditional consent to Pinnacle, its employees or agents, to initiate contact with Member by telephone, electronic mail or other reasonable means, in order that Pinnacle may (i) verify any Member data submitted (including but not limited to identification, password, address, e-mail address & telephone) on the Pinnacle membership registration or by any other form of submission; and/or (ii) verify that you, as a prospective Member, in fact desire to become a CaribbeanFever Mall Member.
4 - SUBMITTED OR TRANSMITTED DATA
Pinnacle reserves the right to review or monitor any data, information or other material submitted by you through this Site, and edit or prevent the transmission or delivery thereof, where Pinnacle, in its sole discretion, deems such material in violation of the terms hereof or otherwise unlawful. Pinnacle assumes no responsibility or liability and you hereby waive any and all causes of action against Pinnacle and its affiliates for any material or content posted, uploaded or otherwise transmitted by you through this Site or by way of any electronic mail address provided on this Site. You hereby consent to allow Pinnacle to record, store, archive, copy or otherwise duplicate any such material submitted by you. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this Site, you grant Pinnacle and its affiliates an unconditional and non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology, now known or unknown.
5 - NO WARRANTIES
NEITHER PINNACLE NOR ITS AFFILIATES REPRESENT OR WARRANT THAT ANY OF THE PRODUCTS, SERVICES, PROGRAMS OR OFFERS PROVIDED FOR ON THE SITE ARE WITHOUT RISK. THE RISKS OF DISAPPOINTMENT, FINANCIAL LOSS, PERSONAL INJURY OR DEATH: (I) ACCOMPANY ANY FORM OF TRAVEL AND ARE INHERENT IN ANY DESTINATION OR ACCOMMODATION, AND (II) MAY ARISE FROM THE USE OF CERTAIN GOODS OR SERVICES. YOU HEREBY AGREE TO HOLD PINNACLE HARMLESS AND THAT PINNACLE SHALL NOT BE LIABLE FOR ANY SUCH RISKS ASSOCIATED WITH TRAVEL TO ANY DESTINATION. USE OF ANY GOODS OR SERVICES OR PARTICIPATION IN ANY PROGRAM MADE AVAILABLE THROUGH THE SITE.
6 - WARRANTY LIMITATIONS AND DISCLAIMERS; LIMITATION OF LIABILITY
WARRANTY LIMITATIONS. PINNACLE MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER WITH RESPECT TO YOUR USE OF THE SITE, THE SERVICES OR GOODS MADE AVAILABLE BY THE SITE OR YOUR THE BENEFITS OF MEMBERSHIP. AS SUCH, THERE ARE NO WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID. YOU AGREE THAT YOU HAVE NOT RELIED UPON ANY STATEMENTS OR REPRESENTATIONS BY ANY THIRD PARTIES IN YOUR SELECTION OF PINNACLE AS PROVIDER OF THE BENEFITS, SERVICES OR GOODS AVAILABLE ON OR THROUGH THE SITE OR AS AN INDUCEMENT TO APPLY FOR MEMBERSHIP STATUS AND ENTER THIS AGREEMENT.
LIMITATION OF LIABILITY. YOU ASSUME ALL RISK AS TO THE SELECTION, USE, PERFORMANCE, FITNESS FOR ANY PURPOSE, REVENUE GENERATION AND QUALITY OF THE SITE AND ALL SERVICES OR GOODS OBTAINABLE ON OR THROUGH THE SITE. YOU HEREBY AGREE UNCONDITIONALLY THAT IN NO EVENT WILL PINNACLE, ITS OFFICERS AND EMPLOYEES, OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE OR THE SERVICES OR GOODS AVAILABLE HEREFROM BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR INABILITY TO USE, DEFECT, OF THE SITE OR THE SERVICES OR GOODS AVAILABLE ON OR THROUGH THE SITE, EVEN IF PINNACLE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE UNCONDITIONALLY THAT IN NO EVENT SHALL PINNACLE OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED ACTUAL DAMAGES OR $25.00, WHICHEVER IS LESS.
7 - LIMITATION OF LIABILITY TO COMPUTER AND SYSTEMS
PINNACLE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER, SOFTWARE OR NETWORK SYSTEMS, WHETHER DUE TO WORMS OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE, OR WHETHER DUE TO ANY OTHER CAUSE RELATED TO YOUR USE OF THE SITE. YOU HEREBY AGREE THAT IN NO EVENT SHALL PINNACLE OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR ITS CONTENTS, (II) ANY FAILURE OR DELAY, OR (III) THE PERFORMANCE OR NON PERFORMANCE BY PINNACLE OR ITS AFFILIATES, OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, FINANCIAL OR PHYSICAL NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, REGARDLESS OF FORSEEABILITY OR ADVANCE KNOWLEDGE BY SUCH PARTY. IN THE EVENT PINNACLE OR ITS AFFILIATES OR ANY THIRD PARTY IS FOUND LIABLE FOR ANY SUCH HARM, YOU HEREBY AGREE THAT THE MAXIMUM SUM OF ALL DAMAGES SUSTAINED BY YOU SHALL BE $25.00 UNITED STATES DOLLARS. IF A STATE OR COUNTRY DOES NOT ALLOW FOR THE LIMITATION OF LIABILITY, THE FOREGOING MAY BE INAPPLICABLE OR REDUCED IN SCOPE AS TO YOU.
8 - Status of Member
You hereby understand and agree that you are an independent contractor of Pinnacle and not an employee, agent, partner, legal representative, or franchisee of Pinnacle; nor shall you represent, or imply such a status. You do not have the authority to bind Pinnacle or any of its affiliates. You are not authorized to and you will not incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of Pinnacle and any violation becomes grounds for immediate termination of your account. You understand that you shall control the time, manner and means by which you operate your Pinnacle Membership, subject to your compliance with the Terms and Conditions of this Agreement, the Pinnacle Compensation Plan incorporated by this reference and this Pinnacle member registration. Pinnacle is not responsible for withholding, and shall not withhold, or deduct, from your commissions (if any), FICA, or other taxes of any kind, unless such withholding becomes legally required.
However, in the case of any member (including, without limitation, you) who makes a purchase with a value of $1,000.00 (one thousand dollars) or more, Pinnacle reserves the right to withhold the processing and posting of any cash back award to the account of such member, until such member provides Pinnacle with full and truthful disclosure of the member's name, address (including city, state and zip code) and social security number. Pinnacle is mandated by Internal Revenue Service regulations to issue a 1099 Form in the case of the member's cash back being in the amount of $600.00 (six hundred dollars) or more.
It is further agreed by you to use only your own legally obtained and credit cards or other credit resources for the purposes of shopping and using services provided by Pinnacle. Pinnacle shall not pay and shall not be responsible or held liable for the payout of cash back on purchases and returns made through malevolent motives or unlawful means.
Pinnacle, in its sole discretion, will terminate immediately any membership deemed to have malevolent motives regarding purchases to receive cash back. Pinnacle may also terminate any membership at any time if it has reason to believe your membership is being utilized for any unlawful purpose. If the member account is terminated under these conditions, the member will not be afforded the opportunity to reinstate the account or establish a new account.
9 - Restrictions
You hereby understand and agree that your membership can be inherited or bequeathed, but cannot be transferred or assigned during your lifetime without written consent of Pinnacle, which consent shall not be unreasonably withheld.
10 - Cash Back
Pinnacle will pay commission on the qualified purchases and services that a Member and his/her referrals make and/or use that can be ultimately and positively attributed to their CaribbeanFever Mall.com activity.
Members are paid commissions via check or debit card. Payments will be processed within
14 days of payment request. Payments, for purchases made between 60 and 90 days
prior, will be issued within seven (7) business days thereafter. See member
rights and responsibilities (below) for full details. CaribbeanFever Mall reserves the right to collect detailed member information on members that are making suspicious purchases and/or making excessive returns. Failure to provide this information can result in the termination of your membership. The purchase date is considered to be the day the purchase is reported back to
Pinnacle and may not reflect the actual date the purchase occurred.
Commission is paid on the purchase price of qualified items (excluding tax and shipping, purchases of/made with gift certificates* and prescription medications, human and/or animal) paid to participating merchant stores in the cash back gateway.
Individual merchant (Special/Free Shipping) offers that are used for purchases through CaribbeanFever Mall and are not listed on the CaribbeanFever Mall website are deemed to be qualified for cash back on an individual basis at the discretion of the merchant, not by CaribbeanFever Mall. If the individual merchant does not process your purchase with the outside coupon to be qualified for CaribbeanFever Mall cash back, CaribbeanFever Mall will not credit your purchase with cash back, as purchases that are not qualified by the merchants are not awarded CaribbeanFever Mall cash back.
From time to time, and with advanced notice, Pinnacle/CaribbeanFever Mall may pay commissions on gift certificate purchases offered by some participating CaribbeanFever Mall merchants during seasonal/promotional periods. Only these will be deemed commission qualified by Pinnacle/CaribbeanFever Mall.
If you click through CaribbeanFever Mall and make a purchase, then surf elsewhere on the Web and return to that store and make a second purchase, your second purchase (and any other subsequent purchases) will not be a qualified purchase and you will not be eligible to receive cash back. Additionally, if you are at a CaribbeanFever Mall participating merchant site then click on a link on their site that takes you to another site and you make a purchase, your purchase will not be recognized as a CaribbeanFever Mall qualified purchase and you will not be eligible for cash back on those purchases. (You must always click through CaribbeanFever Mall every time you shop at a merchant site.) If you use multiple windows on your browser, the window in which you shop at a merchant must have originated at CaribbeanFever Mall.com to be a qualified purchase and eligible for cash back.
Some merchants pay variable cash back based on the category the product/s being purchased fall into. This determination is made by the merchant as Pinnacle/CaribbeanFever Mall does not have access to specific purchase information.
11- Member Rights and Responsibilities
You hereby understand and agree that you will not use the Pinnacle name, CaribbeanFever Mall name, or the trade names, logos, copyrighted material, trademarks or service marks of Pinnacle, except in material provided by (or approved prior to my use thereof) Pinnacle. You understand and agree that unauthorized use or duplication of trademarks, service marks, or copyrighted materials is a violation of federal law. You understand and agree that any conduct by you which is contrary to the best interest of Pinnacle, including, maligning or derogating Pinnacle or its business enterprise, which causes embarrassment, or financial loss of any kind to Pinnacle, including attorneys' fees and court or other dispute resolution costs, or subjects Pinnacle to criticism, ridicule, tarnish, loss of goodwill or sanctions from any source will be grounds for immediate termination.
As a member, you agree to activate your account after registration, and before you become eligible to shop. As a member you agree and understand that you may have multiple memberships with different sponsors so that you may support a variety of fundraising organizations and other memberships; however, you may not sponsor yourself, or any other immediate member of your house hold.
As a member you understand that CaribbeanFever Mall is to be used primarily for shopping. CaribbeanFever Mall is not a forum for commenting on, discussing, promoting or marketing networking business opportunities, competitor's sites, pornographic or offensive material and activity of this nature is strictly prohibited. Any member found participating in these activities will be terminated immediately and without notice and all cash back commissions will be forfeited.
As a member, you agree to provide CaribbeanFever Mall and Pinnacle with complete and accurate contact information and it is your responsibility to keep it updated within your account information found under "My Account" to facilitate your payment of cash back. In the event your information is NOT current at the time of payment, you forfeit said payment and your account will be automatically terminated. In the event a processing error is made in the distribution of the payment through payment automation, all payments due will be made in full. However, Pinnacle is not responsible for payments sent to inaccurate email or contact information entered incorrectly by member and upon such; your right to receive payment will be waived and forfeited. If your account is terminated due to a processing error made in the distribution of the payment through payment automation, upon proof sufficient to Pinnacle thereof, in its discretion, your account will be immediately re-instated and all payments will be made in full.
If you receive your payment via a check you will have six (6) months from the issue date of the check to cash your check. If your CaribbeanFever Mall commission check is not cashed within six months of the issue date, CaribbeanFever Mall will void the check and your CaribbeanFever Mall account will be terminated, with no exceptions. You are welcome to register again for a new free membership. Any questions regarding debit card payment should be directed to the contact information provided by your debit card processor for their assistance and support.
You may be taxed on your receipt of cash back commissions depending upon the amount you receive and the tax laws of federal, state and local jurisdictions. When/if in one calendar year's time you receive $600 or more through CaribbeanFever Mall, we will request your full name, social security number and mailing address to provide you with the appropriate tax form required by law and it is your responsibility to return your completed tax form to us before any additional payments can be made for said year. All cash back commissions earned after the date the tax form was sent will be forfeited at the end of the calendar year if the tax form is not returned or completed as instructed and returned to us before the end of the calendar year.
12 - Waiver and Indemnification by Member
To the extent permitted by law, Pinnacle, its directors, officers, shareholders, employees, assigns and agents shall not be liable for, and you hereby release Pinnacle and its affiliates from, and waive all claims for any of the following: loss of profits; indirect, direct, special or consequential damages; or any other loss incurred or suffered by you as a result of: (a) your breach of this Agreement; (b) the promotion or operation of your Membership and any activities related to it; (c) any incorrect or wrong data or information provided by you; and (d) harm of any and every kind arising form your use of any goods, services, programs, travel or any other matter sold or otherwise obtained by you through the Site.
You hereby agree to indemnify, defend and hold harmless Pinnacle, its officers, directors, employees and other members, from and against any loss, claim, demand, liability, cause of action, expense or cost arising by virtue of or attributable to the acts or omissions of your agents or employees (including, but not limited to, any misrepresentation made by you, your agents or employees to any third party). This indemnification shall survive the expiration or termination of this User Agreement.
13 - Term of User Agreement
Unless terminated early, this Agreement shall be effective for the life of the member.
14 - Termination
You have the right to cancel your membership at any time by submitting your request to cancel in writing to
customerservice@caribbeanfevermall.com or by non-activity in your account for a period of twelve consecutive months. If cancellation occurs because of non-activity for a period of twelve consecutive months, your right to receive any and all unpaid commission accrued to date is hereby waived and forfeited. If you decide to re-enroll at a later date, a new member number will be assigned when you register again with a starting balance of $0 in your CaribbeanFever Mall account.
Pinnacle may immediately terminate this Agreement in writing (without opportunity to cure), and Member may be subject to the forfeiture of its commission should the following occur:
a - Member's use of bulk e-mail that is not opt-in, also called "spam," even if technically legal, is expressly prohibited;
b - Member makes false and misleading claims regarding potential income, earnings, products or services beyond what is stated in official Pinnacle literature, training material or the content of Pinnacle's web site(s).
c - Member sponsors him/her self.
d - Violation of any Terms hereof.
15 - Governing Law; Dispute Resolution; Fees and Costs
This User Agreement is governed under the laws of the State of Florida. Any claim, dispute, or other difference between you and Pinnacle, if arbitrable, shall be exclusively resolved by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association with arbitration to occur in Jacksonville, Duval County, Florida, and in no other location. Louisiana residents shall be governed by Louisiana law and may arbitrate in New Orleans. If you and Pinnacle agree not to arbitrate any dispute, in any lawsuit arising hereunder, you and Pinnacle hereby agree to submit to the jurisdiction of state of Florida with venue in any court to lie in the state or federal courts located within Jacksonville, Duval County, Florida, and in no other location. It is hereby agreed that the seeking of injunctive relief to enforce the Terms is not arbitrable and shall be sought by the party seeking such relief in the aforesaid courts and an injunctive order may be enforced, without objection by the enjoined party, in any court of competent jurisdiction worldwide. In any arbitration or litigation between you and Pinnacle, the prevailing party shall be entitled to an award of its attorneys' fees and costs from the non-prevailing party, including in the appeal of any arbitration or trial court decision.