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TERMS OF SERVICE

Last Modified: December 14, 2020

  1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH OUR COMPANY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through ~!tDomain!~ (the “Site”). These Terms are subject to change by ~!comapyName!~ (referred to as the “Company”, “us”, “we” or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Modified” date referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the date “Last Modified” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Terms of Use, located at Terms of Use (https://~!tDomain!~/page.php?id=10), that apply generally to the use of our Site. You should also carefully review our Privacy Policy, located at Privacy Policy (https://~!tDomain!~/page.php?id=3), before placing an order for products and/or services through this Site. You understand that the Terms of Use also apply to these Terms and in agreeing to these Terms, you acknowledge that you have read and agree to the Terms of Use, which are incorporated herein by reference.

  1. Order Acceptance and Cancellation. You agree that your order is an offer to purchase, under these Terms, all products and services listed in your order. You understand that certain services may be sold as standalone products, or bundled with other products, such as the New Mover Service Package (a “package”). These Terms address benefits that may or may not be included in your specific package. The sections discussing benefits included in your package apply to you. If you are unsure which services and benefits are included in your package, contact us at [email protected]~!tDomain!~.

You further understand that your purchase may be subject to the Supplemental Terms of Service for Subscriptions and Third-Party Services, located at Supplemental Terms of Service (https://~!tDomain!~/page.php?id=14) (the “Supplemental Terms”). If applicable, you acknowledge that you have read and agree to the Supplemental Terms, which are incorporated herein by reference. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you an email confirming your order and details of the product(s) and/or service(s) ordered. If you choose to add a product or service to your order subsequent to your initial purchase, these Terms will apply to that additional product or service purchase as well.

  1. New Mover Service Package. The New Mover Service Package is a bundle of services offered in exchange for your payment of ~!price1!~. Certain services included in the New Mover Service Package may be sold as a standalone product. However, each of the services and benefits included in the New Mover Service Package (collectively, the “Benefits”) are listed and described below. If you have purchased the New Mover Service Package, the following provisions apply to you.
    • Change of Address Request Service. As part of the change of address request service, we will facilitate the submission of a change of address request (a “Change of Address” or “COA”) to tell the United States Postal Service® (“USPS®” or “Postal Service”) to change a residential or business address, and reroute mail for all and/or select individuals at a specified address. If you have purchased a package that includes the Change of Address Request Service, the following provisions apply to you:
      • No Affiliation. The information that you provide when you place an order that’s necessary for your COA request will be submitted on your behalf to the USPS, which is then used to change your address and forward your mail to a new location. You understand and agree that we are a privately-owned company and not affiliated or associated with the USPS. Therefore, you acknowledge and agree that we have no control over the USPS, the performance or provision of the change of address services by the USPS, and/or the use, storage or disclosure by the USPS of your information. You further understand and agree that a COA request may be made by you directly with the USPS, without using and/or paying for our service, such as by mailing the appropriate documentation to the USPS, presenting appropriate documentation to a Post Office™, and/or filing your request on the USPS website. When the COA request is made online with the USPS, there is a $1.05 identity validation fee charged by the USPS. When the COA request is made using our services, the $1.05 identity validation fee charged by the USPS is included in the price we charge for our service.
      • Authorization and Accuracy of Information. By placing your order, you represent and warrant that: (A) you are the person, executor, guardian, authorized officer, or agent of the person for whom mail will be forwarded, (B) to the best of your knowledge, you have provided accurate information to us, and (C) you have obtained all third-party consents required for your order. You understand and agree that submitting false or inaccurate information may subject you to punishment by fine or imprisonment or both under Sections 2, 1001, 1702 and 1708 of Title 18, United States Code. You understand and agree that by placing an order, you are appointing us, our affiliates and/or any third party service providers we use to fulfill our service obligations, to act on your behalf or request, as your agent. Accordingly, you expressly authorize and consent to the submission of a COA request to the USPS on your behalf. After placing your order, we may send you material to review or contact you for additional information regarding your order, or to verify the information submitted. In either case, if you do not respond to us within thirty (30) days, we reserve the right to cancel your order, including the COA request, and refund the amount you paid. YOU UNDERSTAND THAT WE ARE UNDER NO OBLIGATION TO REVIEW THE INFORMATION YOU SUBMIT. YOU AGREE TO READ THE INFORMATION YOU PROVIDE BEFORE SUBMITTING AN ORDER AND TO BE SOLELY RESPONSIBLE FOR ITS ACCURACY.
    • Change of Address Notification Service. Our change of address notification service enables you to designate up to 25 organizations, in addition to the USPS, to be notified of your address change. If you have purchased a package that includes the change of address notification service, the following provisions apply to you:
      • It is your sole and exclusive responsibility to ensure that any organizations you elect for us to notify updates their records containing your contact information.
      • While we will attempt to notify these organizations about your change of address so that their records can be updated, you acknowledge and agree that the receipt and the handling of the address change notification by any or all of these organizations is not guaranteed, due to factors outside of our control. For example, certain government agencies or mailers may not change or update your address without direct contact from you. As such, we shall not be liable for the performance or failure by the designated organizations to perform the address change and update requested.
    • National Do-Not-Call Registry Registration Service. Our National Do-Not-Call Registry registration service enables us to add your phone number to the National Do Not Call Registry on your behalf. If you have purchased a package that includes the National Do-Not-Call Registry registration service, the following provisions apply to you:
      • You understand that the National Do-Not-Call Registry is managed by the Federal Trade Commission (the “FTC”) and was created to stop unwanted sales calls.
      • You understand and agree that we are not affiliated or associated with the FTC and that we have no control over the ability to stop or prevent unwanted sales calls.
      • You further understand and agree that your home or mobile phone number may be registered on the National Do Not Call Registry by you, directly with the FTC, without using or paying for our service, by visiting donotcall.gov or by calling 1-888-382-1222 (TTY: 1-866-290-4236).
    • National Do Not Mail List Registration Service. Our National Do Not Mail List registration service will have your new address added to the National Do Not Mail List, to reduce the amount of unwanted advertisements from being mailed to you at your new address. If you have purchased a package that includes the National Do Not Mail List registration service, the following provisions apply to you:
      • You understand that the National Do Not Mail List is a service that is managed and provided by com, a member of the Direct Marketing Association and a privately owned business. You further understand that when registering on the National Do Not Mail List, your address is made available to mailing list owners and users for the purpose of removing you from their mailing lists.
      • You acknowledge and agree that we are not affiliated with DirectMail.com and that we have no control over DirectMail.com, the service provided by DirectMail.com, the effectiveness of DirectMail.com’s National Do Not Mail List, and/or the use, storage or disclosure of your information by DirectMail.com. While we will provide your information to DirectMail.com for the purpose of registering on the National Do Not Mail List, you acknowledge and agree that the receipt and the handling of your information is not guaranteed.
      • You further acknowledge and agree that DirectMail.com’s National Do Not Mail List is not the same as the FTC’s National Do-Not-Call List, and that we have no ability to prevent unwanted advertisements from being mailed to you at your new address.
    • New Mover Benefits and Concierge Service. The new mover benefits and concierge service provides you with helpful information related to your move. During the checkout process, you will be presented with the service and benefits available and have the option of selecting one or all of the services offered. If you have purchased a package that includes the new mover benefits and concierge service, the following provisions apply to you:
      • The new mover benefits and concierge service is provided for informational purposes only and may provide general advice concerning the options available to customers depending on their specific circumstances and financial objectives, such as connecting telephone, internet and utility (e.g. water, gas, electricity) service at a new address, researching and providing customers promotions and deals on entertainment services available in their area, and obtaining and providing pricing information on security alarm systems and video monitoring services for comparison.
      • By selecting any of the new mover benefits made available to you, you acknowledge and agree that the information necessary for you to receive the new mover benefits and services will be shared with the third-party organizations that provide the applicable service.
      • You further acknowledge and agree that the information provided to you does not constitute business, financial, investment, legal, or tax advice. We make no representation that the information provided with the new mover benefits and concierge service is accurate, reliable, or complete. The information and options provided in the new mover benefits and concierge service is subject to change without notice. We shall not be responsible or held liable for any decision you make based on the information provided in the new mover benefits and concierge service.
    • Additional Benefits: Discount Shopping Membership Program. Separate from and in addition to the Benefits defined above, customers who purchase a New Mover Service Package may also receive a 30-day trial or promotional subscription to our Discount Shopping Membership Program. Subscriptions to the Discount Shopping Membership Program may be made available for purchase separately, and are subject to the Supplemental Terms, the Terms of Use and these Terms of Service. If your purchase includes a subscription to the Discount Shopping Membership Program, or a trial or promotional subscription, you acknowledge that you have read and agree to the following provisions, as well as the Supplemental Terms, which are incorporated herein by reference.
  2. Satisfaction Guarantee Refund Policy.
    • Your satisfaction is extremely important to us and we guarantee your satisfaction with our services and support. If you are not satisfied with our services, please contact us immediately and we will correct the situation or provide a refund.
    • If you`re not satisfied, simply call us toll-free at Insert Applicable Phone Number during our normal business hours. All requests made under this guarantee must be made within 60 days of purchase. We will process your request within 5-10 business days after we`ve received your refund request.
    • If a refund request is not completed within 60 days of purchase, the full original purchase price (in each case less any money paid to third parties) will be credited to the original form of payment. Unfortunately, we can`t refund or credit any money paid by you directly to third parties.
  3. Prices. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for our service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling (if applicable). Any such taxes and charges will be added to your total, and will be shown in your cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
  4. Payment.
    • Generally. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including applicable charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
    • Promotional Trials. We sometimes offer trial or other promotional subscriptions to products and services, which are subject to these Terms unless otherwise stated in the promotional offers. Trial members and promotional subscribers may at any time choose not to continue to a paid subscription by contacting us at any time prior to the end of the promotional trial period.

      AT THE COMPLETION OF A TRIAL MEMBERSHIP OR PROMOTIONAL SUBSCRIPTION, UNLESS YOU CHOOSE TO CANCEL BY CALLING ~!phone!~ PRIOR TO THE EXPIRATION OF YOUR TRIAL MEMBERSHIP OR PROMOTIONAL SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL MEMBERSHIP TERM.

      UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US, OUR AFFILIATES OR THE THIRD PARTY PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE(S) AND TAXES (IF ANY) FOR EACH SUCCESSIVE TERM, USING ANY PAYMENT METHOD WE OR OUR AFFILIATES HAVE ON RECORD FOR YOU.
    • Subscriptions. When you first place an order through our Site and enroll in a paid subscription plan, it will continue until you or we cancel your subscription. These subscription plans entitle you to access the subscription for each payment period (e.g. monthly, quarterly or annually) until your paid subscription is cancelled. Your paid subscription will automatically commence immediately, or on the first day following the end of your applicable trial period. Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is not received, is returned unpaid or if any credit card or similar transaction is rejected or denied, we and our affiliates reserve the right to cancel your subscription and terminate access to subscription benefits, unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original renewal date and not the date of the successful charge. You can cancel your subscription(s) at any time by contacting us. After cancellation, you will continue to enjoy access to your subscription services until your subscription period ends.
    • Default. If your credit card is declined, we or our affiliates may make multiple attempts to bill that card. You understand that we may accept late or partial payments without limiting any of its rights under these Terms.
    • Notice of Automatic Billing. We (or our affiliates) may send a reminder email to the email address of record for your account before your next billing date(s). You acknowledge and agree that this notice is provided as a courtesy only, and we are not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) your inability to receive, or (iii) our failure of to send the email does not create any liability on the part of our Company, our affiliates or any third-party service provider.
    • Disputed Charges. You understand that if you dispute a charge to your credit card, you should call our Customer Support department immediately at ~!phone!~ and we will investigate the matter.
    • Account Information. You agree to notify us immediately of any changes to your credit card number, its expiration date, and/or your billing address, or if your credit card expires or is cancelled for any reason. I understand that if your failure to provide us with accurate, complete, and current information results in delinquent payments, we may restrict your ability to purchase other products and services we offer.
  5. Text messages and SMS Programs. We, at our sole discretion, may offer SMS/text message-based customer alerts. By providing your phone number during the process of purchasing a product or service from us and/or accepting and agreeing to this Agreement, you are opting in to receive SMS/text messages. In some instances, you may also have the opportunity to opt-in post-purchase through digital advertisements, emails or other methods of communication. By opting in, you may receive messages regarding the status of your order, assistance with accessing the products/services you have purchased and/or information relating to products/services you sought to receive. The number of messages you receive may vary depending on a number of factors, such as the steps needed to complete your order. To opt-out of receiving SMS/text messages from us, you may reply with STOP to cancel (msg & data rates may apply) or email [email protected]~!tDomain!~. For more information, you may reply with HELP (msg & data rates may apply) or email [email protected]~!tDomain!~. We are not responsible for delayed or undelivered messages.

    YOU ACKNOWLEDGE AND AGREE THAT YOUR TELECOMMUNICATIONS CARRIER MAY CHARGE DATA USAGE FEES OR OTHER CHARGES AND FEES TO ACCESS, USE AND/OR RECEIVES THE SERVICES INCLUDING, BUT NOT LIMITED TO, CHARGES FOR TEXT MESSAGES YOU AGREE AND/OR OPT-IN TO RECEIVE, AND THAT WE SHALL NOT BE LIABLE FOR ANY SUCH FEES AS A RESULT OF YOUR USE OF OR ABILITY TO USE THE SERVICES AND/OR BENEFITS. FOR FURTHER INFORMATION ABOUT FEES, CHARGES AND/OR PRICING DETAILS, YOU SHOULD CONTACT YOUR WIRELESS OR TELECOMMUNICATIONS PROVIDER. BY ACCEPTING AND AGREEING TO THIS AGREEMENT, YOU CONSENT AND ACCEPT THE RISK IN RECEIVING INFORMATION VIA EMAIL AND/OR TEXT MESSAGING THROUGH THE SERVICE. SUCH ELECTRONIC COMMUNICATIONS MAY PROVIDE THE ABOVE-MENTIONED SERVICES, BUT MAY ALSO CONTAIN MARKETING MESSAGES, AS WELL AS REQUESTS FOR FEEDBACK FROM YOU REGARDING THE SERVICE. YOU MAY WITHDRAW SUCH CONSENT AT ANY TIME, BUT IN WITHDRAWING SUCH CONSENT, SOME FUNCTIONALITY OF THE SERVICE MAY NOT BE AVAILABLE TO YOU.
  6. Service Providers. You acknowledge and agree that we work with third-party providers and sub-providers of our choice to perform our obligations to you, and to provide some or all of the products and services offered through our Site.
  7. Suspended Accounts. If we encounter evidence of suspicious activity in connection with your order or your account including, but not limited to, evidence that your account is being used by someone who is not authorized to do so, you acknowledge that we, in our sole discretion, may opt to temporarily disable your account for a reasonable amount of time in order to investigate. You acknowledge that we will not be liable for any delays caused by these policies and procedures.
  8. Third Party Services. If your purchase involves third-party services, you understand that you may be required to accept additional terms located on the third party’s website. The third party may contact you, including by email, phone and/or SMS/text message, with additional information, such as instructions on how to access your benefits. WE HEREBY DISCLAIM LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD PARTY SERVICES. WE ARE NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM OUR PRIVACY POLICY AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN OUR SITE.
  9. Delivery of Electronic Products/Services. With respect to products and services delivered electronically, you understand that you will be notified via email when your product or service is complete and available for download (if applicable).
  10. Manufacturer’s Warranty and Disclaimers. Except as set forth herein, we do not control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, manufacturer or service provider. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. To the extent the products and services offered on our Site are covered by the manufacturer’s warranty, such warranty will be as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

  1. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
  2. Not for Resale or Export. You represent and warrant that you are purchasing products and/or services from the Site for your own personal (or household) use only, and not for resale or export. You further represent and warrant that all purchases of products (if any) are intended for final delivery to locations within the US.
  3. Right to Refuse. You acknowledge that we reserve the right to refuse service to anyone.
  4. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, located at Privacy Policy (https://~!tDomain!~/page.php?id=3), governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
  5. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms or any contract with you, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
  6. Access to World Wide Web; Internet Delays. To use our Site and any of our services, you are required to obtain access to the World Wide Web, either directly or through devices that access web-based content. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You understand that we are not responsible for delays, delivery failures, or other damage resulting from such problems.
  7. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.
  8. Dispute Resolution and Binding Arbitration.
    • YOU AND OUR COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
    • The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 22. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. 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 agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
    • You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
    • You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

  1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  2. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
  3. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
  4. Notices. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to ~!comapyName!~, Attn: Legal, ~!business_address!~. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
  5. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  6. Entire Agreement. These Terms, the Supplemental Terms, the license or subscription agreement(s) relating to any product or service you obtain on or through this Site, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
  7. You understand that these Terms affect your legal rights and obligations. If you do not agree to be bound by all of these terms, you agree that you will not use this Site or our services. By proceeding with your purchase, you agree to these Terms.