Terms of Service
November 28, 2022
Welcome to the Live Savvy Shopper website, which includes, but is not limited to the livesavvyshopper.com website (https://livesavvyshopper.com/) and any official social media sites, or other online properties where this policy is posted (collectively, the “Site”). The Site is operated by 40 Boxes Inc. (“Company” or “us” or “we”) . These Terms of Service (these “Terms") are an agreement between you and Company governing your use of the Site and our 40 Boxes online stores accessible through the Site, together with any materials and services available or accessible on the Site (collectively, the "Services").
Please read and review these Terms carefully, because by accessing or using the Services, or by clicking to accept or agree to these Terms if this option is presented to you, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.
IMPORTANT: THE SECTION BELOW ENTITLED DISPUTE RESOLUTION AND ARBITRATION REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST COMPANY, MEANING YOU CANNOT BRING CLAIMS AGAINST COMPANY IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
Changes to Terms or Services
We reserve the right to update or modify these Terms at any time at our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. It’s important that you check these Terms regularly because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because the Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Using the Services
Eligibility. You may use the Services only if you are 18 years old or older, are capable of forming a binding contract with us and are not barred from using the Services under applicable law. By using the Services, you represent and warrant that you are 18 years old or older.
Registration and Your Information and Account. If you want to use certain features of the Services, including purchasing products online, you will have to create an account (“Account”) via the Site and provide your name and email address and certain other required information. Creation of your Account on the Site will enable you to use the features available on certain parts of the Site which are restricted to only those users who have created an Account. If you choose not to create an account, you may not be able to use certain features of the Site.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you do not, we may suspend or terminate your Account in our sole discretion. You agree to safeguard your Account password, not to disclose your Account password to anyone and to notify us immediately of any unauthorized use of your Account.
Subscription. You will be able to subscribe to our mailing lists to receive emails and updates from the Services by providing us with your email address. When you set up your Account, you may be automatically subscribed to certain mailing lists. You can unsubscribe from any or all mailing lists at any time, subject to reasonable processing times for us to remove you from the applicable lists.
How the Services Work. We make available an online platform that allows you to purchase products (“Products”). Through the Services, and subject to your creation of an Account and your adherence to these terms and conditions, you will be eligible to browse our Products and place orders.
Order Confirmation. We will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us in our sole discretion. We may also, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same Account, Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount.
Shipment Confirmation and Delivery. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the Products have been shipped and information through which you can track your order. You may choose the method of shipment and estimated timing of delivery for Products you order if more than one method is available, and you will be charged shipping and handling charges accordingly based on your choice. Products will be shipped to an address designated by you, if applicable, so long as such address is complete (passes address validation tools) and complies with the shipping requirements on the Site (certain addresses may be ineligible for shipping). All purchases are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon our delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. We are not responsible for deliveries that are delayed due to events that are beyond our control. However, we will endeavor to work with you in a reasonable manner to ensure that your orders are delivered to the carrier promptly.
Prices. The prices displayed for Products available for purchase via the Services represent the applicable retail prices, and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Services are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your shopping cart.
Payment. By submitting an order through the Services, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (e.g., purchase financing) (each, a “Method of Payment”). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Services. You represent and warrant that you have the right to use any Method of Payment that you submit in connection with a purchase.
Order Changes. In an effort to ship your order in a timely manner, the order may enter our fulfillment process immediately without the ability to change, and thus when you place an order you should do so under the presumption that the order cannot be changed. Reasonable efforts will be made to accommodate order change requests, however if we do not change the order, you agree to adhere to the information that was provided at the time of the order.
Cancellation, Return and Exchange Policies. Cancellation, return and exchange policies are available to you via the Services. If a Product is not what you expected it to be, please review such policies to learn how and when you may return or exchange a Product purchased via the Services. You agree that any applicable shipping and/or handling charges may be non-refundable, and that you may be required to pay additional shipping and/or handling charges in connection with a cancellation, return or exchange.
Product Information. Some Products or offerings of groups of Products together and displayed on the Site are available exclusively online through the Services. These Products may have limited quantities and, because of their limited availability, we may not be able to refresh the stock for these Products. When a Product featured on the Services is no longer in stock, we use our best efforts to remove such Product from the Services in a timely manner. If a product is in your cart it may still sell out prior to your checking out. All products are subject to availability and a product’s presence in your cart does not warrant availability. Should you have any questions concerning the availability of a particular Product, please contact our Customer Service at firstname.lastname@example.org
Errors, Inaccuracies and Omissions. We make every effort to present the most recent, accurate, and reliable information on the Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. We reserve the right to amend errors or to update Product information at any time without prior notice. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of Product listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only.
In the event a Product is listed at an incorrect price or availability due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price or availability. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, we will issue a credit to your Method of Payment in the amount of the incorrect price.
Colors & Style. We have made reasonable efforts to display as accurately as possible the colors and styles of Products that appear on the Services. We cannot guarantee that your computer monitor's display of any color or style will accurately reflect the actual color and style of the Products.
Cancellation of Orders. We reserve the right to cancel, modify or suspend any order placed or restrict or suspend an account or access to the Site if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.
Alerts and Notifications
As part of the Services, you may receive notifications, alerts, emails, or other types of messages regarding the Services (for example, order confirmations, shipment confirmations and/or delivery information).
We may also periodically send you emails and/or text messages that directly promote the Services and Products (for example, new Product offerings or features we provide, recommendations, special discounts or promotions). When you receive such promotional emails and/or text messages from us you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email and/or text you receive.
We welcome feedback, comments, ideas, proposals, and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by email at email@example.com or any other means that we may make available to you. You grant to us an exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable (through multiple tiers) and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you or any Account holders make available through the Services or transmit to us through the Services (including by email). Content includes without limitation User Content. User Content includes without limitation Feedback.
Content Ownership, Responsibility and Removal
Company and/or its licensors and/or vendors exclusively own all right, title and interest in and to the Services and Content (other than User Content), including all associated intellectual property rights. You acknowledge and agree that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Live Savvy Shopper and all related names, logos, product and service names, designs and slogans are trademarks of Company and/or its licensors and/or vendors. You must not use such Content without the prior written permission of Company, which may be granted, denied, conditioned or revoked in our sole discretion. All other names, logos, product and service names, designs and/or slogans on the Site are the trademarks of their respective owners. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You. By making any User Content available through the Services, you hereby grant to Company an exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicensable (through multiple tiers) license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you, any user of the Services and other Account holders; provided that we shall not be obligated to do so. You retain all other rights with respect to your User Content.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Any and all User Content that you make available through the Services shall be deemed non-confidential and non-proprietary. We may or may not remove or delete any of your User Content at any time. Without limiting the foregoing, we have the right and obligation to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
YOU WAIVE AND RELEASE COMPANY, ITS AFFILIATES, LICENSORS, LICENSEES, VENDORS, SERVICE PROVIDERS, AND EACH OF THEIR AFFILIATES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS YOU MIGHT BRING RESULTING FROM ANY SUCH PARTY’S COOPERATION WITH SUCH AN INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH AN INVESTIGATION.
Rights in Content Granted by Company Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes which are directly related to your use of the Services.
Notice and Takedown Procedures
If you believe any User Content accessible on or from the Services infringes your copyright, you may request removal of those materials (or access thereto) from the Services, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), by contacting 40 Boxes (address identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the User Content that you believe to be infringing and its location. Please describe the User Content, and provide us with its URL or any other pertinent information that will allow us to locate the User Content.
- Your name, address, telephone number, and email address.
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
- Our address for copyright issues relating to this website is as follows: 40 Boxes, Inc. 99 Wall Street Suite 1524 New York NY 10005.
The Services may be used only for lawful purposes and in accordance with these Terms. You agree you will not use the Services to: engage in or encourage conduct that would in our sole discretion and judgment constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); communicate, transmit, redistribute or upload content or material (including User Content) that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; or is incomplete, false, inaccurate or not your own; or contains any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; or includes any addresses, email addresses, phone numbers or any contact information which is not your own; or contains corrupted files, viruses, malware or any harmful software; or is libelous, defamatory or otherwise unlawful, threatening, harassing, abusive, vulgar, obscene, offensive, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; or is violent or promotes violence or actions that are threatening to any person or entity; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; or engage in or encourage any conduct that restricts, impairs or inhibits any other user from using or enjoying the Services.
Violations of system or network security which occur in connection with your use of the Services may result in you incurring civil or criminal liability. Company may investigate such occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Services and you agree not to do anything which may result in a violation of the security of the Services, including without limitation taking any of the following actions:
- use, display, mirror or frame the Services or any individual element within the Services, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Company’s express written consent;
- access, tamper with, or use non-public areas of the Services, Company’s computer systems, or the technical delivery systems of Company’s providers;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Services or Content;
- attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools and the like) other than the software and/or search agents provided by Company or other generally available third-party web browsers;
- access data not intended for you or log on to a Company server or account you are not authorized to access;
- harvest or collect information about users of the Services;
- attempt (or succeed in an attempt) to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempt (or succeed in an attempt) to interfere in any way with, gain unauthorized access to, damage or disrupt any part of the Services, or any Site's or Company’s networks or network security, or use any Site's service to gain unauthorized access to any other computer system;
- use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- use any VPN or other device for the purpose of disguising the location from which you are accessing the Services or
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content.
Third Party Materials
The Services may contain links to third party websites or resources or Content made available by third parties (including other Account holders) (“Third Party Materials”). Company may enter into arrangements with third parties for which it receives financial consideration for including Third Party Materials or for the sale of Products. Notwithstanding the foregoing, we provide Third Party Materials only as a convenience and we neither control nor endorse, nor are we responsible for, the Content, products or services on or available from such Third Party Materials. The availability through the Services of any Third Party Materials does not imply our endorsement of any products or services on or available from such Third Party Materials, or our affiliation with the provider of such products or services, or any representations or warranties with respect to such products or services. If you use links to third party websites or resources, you will leave the Services and your activities may be governed by other terms and conditions and privacy policies and practices. You acknowledge sole responsibility for, and assume all risk arising from, your use of any Third Party Materials.
Nothing in these Terms will be deemed to be a representation or warranty by Company with respect to Third Party Materials, and Company has no obligation to monitor Third Party Materials. Company may block or disable access to any Third Party Materials through the Services at any time.
Accessing the Services and Account Security
We reserve the right, at any time in our sole discretion and without notice to you, to modify, suspend or discontinue the Services and Content. We may also impose rules for and limits on use of the Services or restrict your access to part or all of the Services without notice or penalty. You agree that, to the fullest extent allowed by applicable law, we will not be liable to you or to any third party for any modification, suspension or discontinuance of any Services or Content.
YOUR USE OF THE SERVICES AND CONTENT AND YOUR PURCHASE OF PRODUCTS ARE AT YOUR SOLE RISK. THE SERVICES, CONTENT AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND FROM THE COMPANY EXCEPT AS EXPRESSLY PROVIDED IN WRITING BY THE COMPANY. THE COMPANY SHALL NOT BE RESPONSIBLE FOR FULFILLING OR HONORING ANY MANUFACTURER’S WARRANTY OR OTHER WARRANTY THAT IS INCLUDED IN THE PACKAGING OF ANY PRODUCTS. WITHOUT LIMITING THE FOREGOING, COMPANY EXPLICITLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, CONTENT AND PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS MAY BE EXPRESSLY PROVIDED IN WRITING BY THE COMPANY, WE MAKE NO WARRANTY THAT THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE SERVICES OR PRODUCT OBTAINED THEREFROM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY AND/OR PRICING OF PRODUCTS SOLD VIA THE SERVICES. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING SUCH SERVICES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Company, its parent, affiliates (including without limitation Tory Johnson Productions, Inc. and its affiliates), licensors, licensees, contractors (including without limitation Simple 2 Partners LLC, Simplistic LLC and their affiliates), vendors, all promotional partners (including American Broadcasting Companies, Inc). , and each of their successors and assigns, and any of their respective parents , subsidiaries or other affiliated companies and the directors, members, managers, officers, employees, and agents of all of the foregoing from and against all claims, liabilities, damages, expenses and costs (including without limitation reasonable attorneys' fees) directly or indirectly arising out of, related to, or in connection with your use of, or activities in connection with, the Services and your violation or alleged violation of these Terms.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS PARENT, AFFILIATES (INCLUDING WITHOUT LIMITATION TORY JOHNSON PRODUCTIONS, INC.), LICENSEES, SUCCESSORS AND ASSIGNS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT (INCLUDING WITHOUT LIMITATION SIMPLE 2 PARTNERS LLC, SIMPLISTIC LLC, AND THEIR AFFILIATES, AND AMERICAN BROADCASTING COMPANIES, INC. AND ITS AFFILIATES (OR OTHER PARTY YOU ARE OBLIGATED TO INDEMNIFY AS DESCRIBED ABOVE), SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, OR SERVICE INTERRUPTION OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, PRODUCTS OR THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT OR TORT (WHERE THE LEVEL OF CULPABILITY REQUIRES A NEGLIGENCE OR GROSS NEGLIGENCE STANDARD), WHETHER OR NOT COMPANY OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, SITE OR CONTENT SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNTS YOU HAVE PAID TO COMPANY IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, IF ANY, OR (B) THE AMOUNT YOU HAVE PAID IN CONNECTION WITH THE PURCHASE OF ANY PRODUCT THROUGH THE SERVICES WHICH IS THE SUBJECT OF THE DISPUTE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
We control and operate the Services from the United States, and all information is processed within the United States. Users are not permitted to access or use the Services from any location outside of the United States. We do not represent that the Services or Content are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services.
Software, if any, that may be downloaded from the Services is subject to export controls under the laws and regulations of the United States. By visiting and using any of the Services, you acknowledge that you are not a national of, or resident within, or located within, any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the United States government's lists of prohibited and restricted parties.
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Informal Dispute Resolution We want to address your concerns without the need to initiate a formal legal case. In the event of a dispute, claim or controversy arising out of or relating to these Terms or any aspect of the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (collectively, a “Dispute”), you and Company agree to try to resolve such Dispute informally by first sending a notice to the other clearly marked “Notice of Dispute” and containing a brief written statement setting forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute and the relief requested. You must send any such notice to Company at firstname.lastname@example.org. We will contact you via email at the address specified in any such notice or the address we have on file for your Account. You and Company agree to use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations within thirty (30) days of submission of such notice. If a Dispute is not resolved within thirty (30) days of such submission, you or Company may resort to the other alternatives described in this section.
ARBITRATION. In the event that any Dispute is unresolved through informal discussions within thirty (30) days as described in the Informal Dispute Resolution section, above, you and Company agree to resolve such Dispute through final and binding arbitration BEFORE A SINGLE NEUTRAL ARBITRATOR. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Except as modified by this Dispute Resolution and Arbitration provision, the arbitration will be administered by the American Arbitration Association (AAA) under its rules, including AAA Supplementary Procedures for Consumer Related Disputes. The AAA’s rules are available at https://www.adr.org/Rules.
If your claim does not exceed $10,000, then the arbitration will be conducted solely on basis of documents you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA rules. Subject to the Applicable AAA Rules, the arbitrator will have discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location as may be determined by the arbitrator or as you and we may agree. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
Exceptions to Agreement to Arbitrate – Injunctive Relief. Notwithstanding the foregoing, either you or Company may bring a lawsuit in the state or federal courts in New York, New York, solely for injunctive relief to stop unauthorized use or abuse of the Services or Content or actual or threatened intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
Judicial Forum for Disputes If Class Waiver Invalidated. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable, then the Dispute will not be subject to arbitration and must be brought in the appropriate federal or state court in New York, New York. Claims brought in state court may be removed to federal court if removal jurisdiction exists. Both you and Company consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Any claim or cause of action you may have with respect to Company, these Terms, the Content, the Services or any Products must be commenced within one (1) year after the claim or cause of action arose.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from this url. Please note that Company does not endorse any of the products or services listed on such site.
Information or Complaints
If you have any questions about these Terms or the Services, please contact us at email@example.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. 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 agree that no joint venture, partnership, employment, or agency relationship exists between Company and you as a result of these Terms or your use of the Services.
The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of these Terms deemed enforceable by applicable courts of law.