YARDÈ TERMS OF SERVICE
Welcome to the Yardè online store hosted at yardeskincare.com (“Store”). These are the terms of Service ("Terms ") for your use of services, information, tools and features on the Store or its affiliates (collectively, the “Brand”, “our”, “we”, “us”). The Yardè Brand offers the Store to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting, accessing or using any part of the Store and/or purchasing something from us, you agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Store, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our Store. If you do not agree to all the Terms, then you may not access the Store (including any feature or service offered) or make a purchase. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
You can review the most current version of the Terms at any time by returning to this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Store at any time. It is your responsibility to check this page periodically for changes. Such changed Terms will take effect once we post them on this page at the Store, and your continued use of the Store following any such changes will mean that you accept and agree to them.
This Store is intended for and applicable only for residents of the United States. You must be eighteen (18) years old (or the age of majority in your jurisdiction) to purchase any products from our Store.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. When we use the words "writing" or "written" in these Terms, this includes emails.
2. COMPANY CONTENT
Content in the Store that is provided by the Brand or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Brand Content") is the property of the Brand and its licensors, and is protected in the U.S., Canada, and internationally under trademark, copyright, and other intellectual property laws. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Store and the Brand Content for your own personal and non-commercial use. Unless otherwise permitted by these Terms, you may not copy, distribute, adapt, distribute, license, sell, rent, lease, transfer, display, broadcast, transmit, perform, modify, translate, merge, vary, alter, disassemble, de-compile, attempt to derive the source code of, reverse engineer, publish or create derivative works or otherwise exploit any part of the Store or Brand Content. You agree not to download, display or use any Brand Content located in the Store for use in any publications, in public performances, for any other commercial purpose, in connection with products or services that are not those of the Brand, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Brand and/or its licensors, that dilutes the strength of the Brand or its licensor's intellectual property, or that otherwise infringes the Brand's or its licensors' intellectual property rights. You further agree to in no other way misuse any Brand Content or third-party content that appears in the Store. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms. You agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us or one of our representatives regarding the use or abuse of the Store.
3. PRODUCTS OR SERVICES
Except where we have accepted your order in writing, the prices for our products in the Store are subject to change without notice. You may not use our products for any illegal or unauthorized purpose. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
The products available in the Store, including any free samples and gifts we may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from the Brand. We reserves the right, with or without notice, to cancel or limit the sale of our products to any person, household, geographic region or jurisdiction or that in our sole judgment, appear to be placed by dealers, resellers or distributors. We may also withhold refunds or concessions to those individuals we believe may be engaged in reseller activity or are otherwise violating these Terms, as determined by the Brand in its sole discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may exercise these rights on a case-by-case basis.
All purchases of our products through the Store are made pursuant to a shipment contract, which means that the risk of loss and title for such purchased items pass to you upon our delivery to the carrier and shipping and handling charges depend on the delivery location.
You agree that additional terms and conditions may apply to your purchases and to your use of specific Store features, such as rewards programs, sweepstakes, contests, special promotions or certain services, all such terms and conditions are made a part of these Terms by this reference. You agree to abide by such other terms and conditions. In the event of any conflict between these Terms and terms for a specific feature, promotion or other service of the Store, the latter terms shall control with respect to your use of that feature, promotion, or specific service.
4. PRODUCT INFORMATION
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. The Brand reserves the right to discontinue any product at any time. Any offer for any product or service made on this Store is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
The products offered on the Store and any related information, materials, statements and services are not intended to diagnose, treat, cure or prevent any condition or disease. Please use all products strictly in accordance with their instructions, precautions, warnings and guidelines. We urge you to check each product's ingredients to avoid potential allergic reactions. Except when specifically noted, any statements offered about products have not been evaluated by the United States Food and Drug Administration or any equivalent authority in Canada or other jurisdictions. The materials on this Store is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. You acknowledge that any reliance on such materials will be at your own risk.
We endeavor to provide accurate information on the Store but assume no responsibility for the information's accuracy. Occasionally there may be information on our Store that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We do not warrant that the product descriptions, details, colors or other content on the Store are accurate, complete, reliable, current, or error-free and we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Store is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Store or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Store should be taken to indicate that all information in the Store has been modified or updated. We make no representations about the reliability of the features of this Store, the content, or any other Store feature, and disclaim all liability in the event of any product or service unavailability. We make no representations regarding the amount of time that any content will be preserved. The Store's reference to any goods, services, or other information offered by third parties does not imply any endorsement or recommendation by the Brand unless specifically stated otherwise.
5. ACCOUNTS, SECURITY, PASSWORDS
Certain areas of the Store may require registration or may otherwise ask you to provide information to participate in certain features or access certain content (for example, providing your birthdate to receive a birthday gift as part of, and subject to the terms of, our rewards program). If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Store. If the Store requires you to open an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable online registration or purchase form. It is your responsibility to maintain the completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. After you have fully completed the registration form, you may be asked to choose a password and a username. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Store. Store is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. We reserve the right to refuse any order you place with us.
6. YOUR SUBMITTED CONTENT AND FEEDBACK
We welcome your feedback and suggestions about products, services, or the Store. By transmitting or posting in the Store, or otherwise providing suggestions, ideas, feedback, information, material, know-how, techniques, questions, comments or other content other than those specifically requested by us (e.g., through a contest or promotional event) (collectively, "User Communication”), you represent and warrant that such User Communication does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to us and enable us to use or post such User Communication.
You grant to the Brand a royalty-free, perpetual, worldwide, unlimited, nonexclusive, irrevocable, sub-licensable and transferable license to use any User Communication for any purpose in our sole discretion, including without limitation reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, creation of derivative works, translation and/or marketing in any manner whatsoever and in any media, and in any form, format, or forum now known or hereafter developed for any or all commercial or non-commercial purposes (including in the Brand Store, emails, social media posts, media content or other promotional materials). You agree that the Brand shall be under no obligation (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; or (c) to monitor, use, return, review or respond to any User Communication. We will have no liability related to the content of any User Communication, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You further grant to us the right to use your name in connection with any User Communication submitted, but we shall not be obligated to attribute any of your User Communication to you. We retain the right to remove, edit, or refuse to post, any User Communication that includes any material we deem inappropriate or unacceptable (see Sections 8 and 10 below). If we make use of any of these rights, you understand and agree that you shall not receive any payment, consideration, notification or credit, nor will you have any approval over how we use your User Communications.
You agree to comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising, including but not limited to your disclosing if you have received any incentive or compensation for submitting User Communications (for example, free Product or an entry in a sweepstakes promotion or a coupon) in exchange for providing User Communications for posting on the Store or the Brand’s media channels (including but not limited to product reviews, photographs, and social channels). All disclosures must be made clearly and conspicuously.
7. USER–GENERATED CONTENT RULES
If you become aware of any violation of the User Generated Content Rules herein described or other unacceptable behavior by any user, you should report such activity to the Brand by following the process in Section 10 (Copyright and Trademark Rules) and emailing: email@example.com.
If you submit to us or post information on the Store, you are solely responsible for each User Communication that you post on the Store or transmit to us or other users and agree that you will not hold the Brand responsible or liable for any User Communication from another user that you access on the Store. Moreover, the Brand, reserves the right to delete any User Communication from our Store. We assume no liability for any information removed from our Store, and reserve the right to permanently restrict access to the Store or a user account.
Categories of prohibited User Communications are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User Communications. Without limitation, you agree that You will not post or transmit to other users:
1. anything that interferes with or disrupts the Store or the operation thereof,
2. statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
3. unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
4. statements or material that violates other contractual or fiduciary rights, duties, or agreements,
5. statements or material that is bigoted, hateful, or racially offensive,
6. statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
7. statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
8. statements or material that contains obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
9. statements or material that harms minors,
10. statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of the Brand,
11. statements or material that misrepresents your affiliation with any entity and/or the Brand,
12. anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual,
13. chain letters or pyramid schemes,
14. statements or material that constitutes junk mail, spam, or unauthorized advertising, solicitation or promotional materials, and
15. files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site.
8. PROPRIETARY RIGHTS
These Terms provide only a limited license to access and use the Store. Accordingly, you expressly acknowledge and agree that we transfer no ownership or intellectual property interest or title in and to the Store to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products and information, as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Store, unless otherwise indicated, are owned, controlled, and licensed by the Brand and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, We do not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Store may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that the Brand does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of the Brand’s trademarks. We also own a copyright in the content of the Store as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Store. Any downloadable or printable programs, directories, databases, information, or materials available through the Store and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by the Brand. The Brand’s trademarks and logos, and all other names, logos, and icons identifying Brand and its products and services are proprietary trademarks of the Brand, and any use of such marks, including, without limitation, as domain names, without the express written permission of the Brand is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
9. COPYRIGHT AND TRADEMARK RULES (DMCA)
We are committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and we require all users of the Store to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Store in any manner that constitutes an infringement of third-party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.
Infringement Notification. If you believe that your work has been copied and posted on the Store in a way that constitutes copyright infringement, please provide our designated agent with the following information:
● an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
● a description of the copyrighted work or other intellectual property that you claim has been infringed;
● identification of the material that is claimed to be infringing and a description of where the material that you claim is infringing is located on the Store;
● Your address, telephone number, and, if possible, email address;
● a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
● a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice. If Your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and You believe that Your content is not infringing, then You may send a counter-notice (“DMCA Counter-Notice”) to our Designated Agent (contact information above) containing the following information:
● Your physical or electronic signature;
● Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
● A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
● Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that You will accept service of process from the person who provided notification of the alleged infringement.
If a DMCA Counter-Notice is received by our Designated Agent, we may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in ten (10) to fourteen (14) business days. Unless the alleged copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the DMCA Counter-Notice, at our sole discretion.
10. THIRD-PARTY LINKS
11. PERSONAL INFORMATION
12. MOBILE MESSAGING
If you are based in the United States, you may opt-in to receive recurring promotional SMS messages by joining our text alerts online, please see our Store for more details.
a. Enrollment in text alerts requires you to provide your mobile phone number and to agree to these terms. By enrolling you agree to provide your own mobile phone number.
b. Message and data rates may apply. Depending on your text plan, you may be charged by your carrier.
c. By opting in to receive text alerts, you consent to receive up to 12 mobile text alerts a month using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.
d. By signing up, you are confirming that you are over the age of 18.
e. STOP Information. To opt-out, you can respond by text STOP to stop receiving text alert messages from the Brand in the future. You will receive a confirmation text.
f. HELP Information. For additional information, text HELP to the number texting you, or contact the Brand’s customer service number.
g. Supported carriers are: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush.
h. Our service providers and the mobile carriers supported by the Brand text alerts are not liable for delayed or undelivered messages. We may add or remove any wireless carrier from the Brand text lerts at any time without notice. Not all mobile devices or handsets may be supported, and the Brand text alerts may not be deliverable in all areas.
i. The Brand reserves the right to terminate or change our text alerts program at any time. If we change the terms, your continued enrollment following such changes shall constitute your acceptance of such changes.
j. The Brand text alerts promotional offers are subjected to change and end at the discretion of the Brand, are nontransferable and not valid on previous purchases, sample kits, purchases of gift cards, taxes, or shipping & handling charges, unless specifically noted. Offer are valid only on this Store. The Brand in its sole discretion may refuse to redeem any promotion code or offer that it believes in good faith to be fraudulently or improperly obtained and/or that has not been redeemed by the intended recipient of the promotion code or offer. The Brand in its sole discretion reserves the right to invalidate and/or not honor promotion codes or offers that are obtained through any party other than the Brand, including, but not limited to, through third party sites. The Brand text alerts cannot be used in conjunction with other promotional offers.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of the Store will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Store is at your sole risk. THE STORE, ANY SERVICES OFFERED, AND ALL PRODUCTS DELIVERED THROUGH THE STORE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS STORE OR ANY INFORMATION THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HE BRAND, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS ("RELEASED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS STORE, NOR SHALL THE RELEASED PARTIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THE BRAND'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS STORE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless the Released Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
16. FORCE MAJEURE; ENTIRE AGREEMENT
If we fail to comply with these Terms, or to exercise or enforce any right or provision of these Terms for any reason, including but not limited to because of an act of God, war, fire, riot, terrorism, pandemics, earthquake, actions of federal, state, provincial, territorial or local governmental authorities or for any other reason beyond our reasonable control, such failure to comply with, or to exercise or enforce any right or provision of these Terms shall not be deemed a breach of these Terms or constitute a waiver of such right or provision.
17. DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND TIME TO INITIATE ACTION)
1. Initial Dispute Resolution. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the Store or any feature made available to you, including the any rewards program. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
2. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 16(a) above, then either you or we may initiate binding arbitration. Except for any disputes excluded below in Section 16(d), all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Store, products or services shall be finally settled by binding arbitration administered on a confidential basis by either the American Arbitration Association ("AAA") (adr.org, 1.800.778.7879), or in accordance with the Judicial Arbitration and Mediation Services (“JAMS”) (jamsadr.com, 1.800.352.5267) Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA's or JAMS' applicable rules.
3. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the applicable rules and procedures of the applicable arbitration entity (AAA or JAMS). The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA or JAMS (as applicable) along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA or JAMS (as applicable). We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to AAA or JAMS (as applicable). You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay AAA or JAMS (as applicable) to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law with jurisdiction over the subject matter located in San Francisco, CA.
4. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
5. Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 16(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
6. Exceptions. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief (i) in a small claims court for disputes or claims within the scope of that court’s jurisdiction, and (ii) any disputes relating to intellectual property rights, obligations, or any infringement claims.
7. 30 Day Right to Opt-Out. You have the right to opt-out and