Thank you for your interest in Cherry Hill Programs, Inc. and its subsidiaries and affiliated entities and our agents, directors, officers, shareholders, employees, and subcontractors (collectively, “Company”, “we” or “us”) and our programs, including, without limitation, Pixie Post Greetings, Photogenic, Where Is Santa, and Where Is Bunny, our websites, our related hosted applications or third-party websites that uses our technical, physical, or procedural systems, mobile and other downloadable applications (collectively, our “Platforms”) and all goods and services provided by the Company via the Platforms, including, without limitation, our Subscription Service (defined below) and product and services (collectively, including access to or use of the Platforms and the Subscription Service, as applicable, the “Services”). These Terms of Service are a legally binding contract between you and Company regarding your use of the Services.
These Terms of Service include our Privacy Policy (collectively, the “Terms”) and by agreeing to these Terms, you agree also to our Privacy Policy. Please read this policy as it explains how we handle any personal information we receive from you.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THESE TERMS. If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND COMPANY’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY COMPANY AND BY YOU TO BE BOUND BY THESE TERMS.
YOU AGREE TO RECEIVE TEXTS FROM OR ON BEHALF OF COMPANY AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS MAY INCLUDE CONFIRMATION OF ACCOUNT INFORMATION OR DETAILS REGARDING THE SERVICES. YOU UNDERSTAND AND AGREE THAT THESE TEXTS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 12 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO AVAIL YOURSELF OF THE LOCAL, STATE, AND FEDERAL COURTS, A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The listed Terms set out rights and obligations, in relation to your use of our Services, including access and use of our Platforms and any goods, services, or content accessible through our Platforms. Please take time to read and understand these Terms before using our Services.
We reserve the right to change these Terms from time to time for any reason with immediate effect. The Terms will be changed by posting the latest version to our Platforms; provided that such changes shall not apply to any fee-bearing Subscription Service which is then in effect until the expiration or termination of such Subscription Service. We recommend regularly reviewing these Terms if you use our Services. If you do not wish to be bound by any of the Terms, please cease using our Services. From time to time we may add, remove, and change products and services available via our Services. These Terms will apply regardless of these, and any other changes.
You must be at least 18 years old to use the Services. By agreeing to these Terms of Service, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms of Service on your behalf represents and warrants that they have authority to bind you to these Terms of Service and you agree to be bound by these Terms of Service. Individuals under the age of 18 can use the Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.
To access certain features of the Service, including the Subscription Service, as applicable, you may be required to register for an account to become a registered user. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at marketing@cherryhillprograms.com.
You are responsible for obtaining any equipment and internet service necessary to access the Platforms and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue the Platforms, or the Services in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Platforms and/or Services, for some or all users, from time to time. The Platforms may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
If you purchase goods or services via the Platform, a contract for such purchase is created by the completion of the following process:
By completing the steps above, you agree to purchase the products and/or services you have selected at the price stated. You agree that we only accept your order when we transport the product and that any communication prior to this point is an acknowledgment of the receipt of your order. You agree that we may refuse your offer at any point before shipping the product or products. You agree that we may cancel an order at any point in time (including after transporting the product or products) if:
If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.
Company’s digitally downloaded products are not eligible for refunds. By purchasing, you are agreeing that you have checked any available previews, are satisfied with the product, and agree to waive your right to a refund. Please contact our Customer Service team if there are any issues with your order.
Users may from time to time order products or services through the Platform using the Company’s monthly or annual subscriptions (each, a “Subscription Service”).
If you purchase any Service that we offer for a fee, either on a one-time or subscription basis, you agree to pay Company directly or via its third-party payment processing service provider. You agree that Company may charge your payment method for any Services, Subscription Service, or products you purchase and for any additional amounts (including any taxes, including local sales tax or VAT, and late fees, as applicable) that may be accrued by or in connection with your account.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING COMPANY WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
We may use a third-party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Company the right to store and process your information with the third-party payment service, which may change from time to time. You agree that Company will not be responsible for any failures of the third party to adequately protect such information.
For your convenience and continuous Subscription Service benefits, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid.
Company may suspend or terminate access to the Services, including fee-based portions of the Services, for any account for which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal subscription fee is due, then we reserve the right to delete your account and any information or content associated with your account without any liability to you.
Where we request information from you, you agree to provide us with information that is accurate at the date you provide it and, to your knowledge, will remain accurate. If you become aware that the information you have supplied to us is or will become inaccurate, you will update this information as soon as reasonably possible. You can do this either through your user account on one of our Platforms or by contacting us. You acknowledge that, if we need to contact you, we will do so via the information with which you provide us. You, therefore, accept that you are responsible if we are unable to contact you due to a lack of accurate information. Even if we store information about you (including payment details) we may still require you to provide the same or further information when using our Platforms. If we reasonably believe any of the information you provide to us is expired, invalid, or incorrect, we reserve the right to suspend or terminate your account at any time. For security or other reasons, we may require you to change your password or other information regarding access to our Platforms; however, we will never ask you for your password.
You are solely responsible for maintaining the confidentiality of your password, access details, and any additional identifying information.
There is a limit of one account per natural person. We do not guarantee the storage of your information. We may be required by law or other obligations to delete your information, and you accept that we are not liable to you or any other party in such an event.
Any information you provide is handled in accordance with our Privacy Policy. You agree that we may use your information for the purposes outlined in that Privacy Policy, including (but not limited to) sharing your personal information with our partners and affiliates as well as any other parties we may engage from time to time to process, create, or deliver any purchase or payment for any photo-related or other merchandise you may wish to purchase.
As part of the Services, you may have the ability to upload and access images through your account. This service is to allow your creation and purchase of products bearing these images, and you agree not to store images for any other purpose or to upload images by any automated or scripted means. We do not currently limit the volume of images you are able to store with your account: however, we reserve the right to introduce such a limit in the future. We do not guarantee that an image you upload will be able to be used in conjunction with our products. We do not guarantee the storage of your images, and you should maintain backups of these images.
We reserve the right to make changes to the images you store with your account to aid in their storage. These changes may include, without limitation, compression, down-scaling, and changing the image’s format. We do not guarantee that this process will not reduce the image quality or suitability for use on products.
Certain features of the Services may permit users to upload, submit, post, or otherwise transmit (“Post”) content to the Platforms or through your account, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Platforms.
Company also uses a variety of third-party social media websites, communication services, and media channels such as Facebook, Linkedin, Twitter, Instagram, Pinterest, Vimeo, TikTok, and YouTube (collectively, “Social Media Assets”) to communicate and interact with users. Any content or materials Posted to these Social Media Assets by users will be considered User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Platforms or Social Media Assets. Subject to the licenses granted to Company in these Terms, you retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Platforms.
By Posting User Content to or via the Platforms or the Social Media Assets, you hereby grant Company a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed.
Company may photograph, film, videotape, record, and/or otherwise capture and reproduce the image, likeness, and/or voice of any person who visits a Company event or location or receives Services. You hereby grant Company all rights to use such captured content for any purpose by Company without any payment or consideration to you.
By providing User Content via the Platforms or Social Media Assets, you affirm, represent, and warrant that:
Though User Content contravening these Terms is forbidden, we do not control or regularly monitor the use of our Services. It is possible that User Content contravening these Terms may be accessible through our Services. We are not responsible for such User Content, but if you become aware of any such User Content on one or more of our Platforms, please contact us by clicking here.
If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.
If you share any User Content, communication, or access code, you consent to the receiver of any such material being able to purchase and further communicate the material.
Subject to your complete and ongoing compliance with these Terms, Company grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) install and use one object code copy of any mobile or other downloadable application associated with the Services (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (ii) access and use the Services.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (ii) make modifications to the Services; or (iii) interfere with or circumvent any feature of the Services, including any security or access control mechanism. If you are prohibited under applicable law from using the Services, then you may not use it.
The Services are owned and operated by Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Company (“Materials”) are protected by intellectual property and other laws. All Materials included in the Services are the property of Company or its third-party licensors. Except as expressly authorized by Company, you may not make use of the Materials. There are no implied licenses in these Terms and Company reserves all rights to the Materials not granted expressly in these Terms.
Product names are trademarks or registered trademarks of their respective owners. Copyright, trademark, and other proprietary notices may not be removed. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Services or any content displayed on the Services, through the use of framing or otherwise, except: (i) as expressly permitted by these Terms; or (ii) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on the Services.
We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
Company may provide tools through the Services that enable you to export information to third-party services. By using one of these tools, you hereby authorize Company to transfer that information to the applicable third-party service. Third-party services are not under Company’s control, and, to the fullest extent permitted by law, Company is not responsible for any third-party service’s use of your exported information.
The Services may also contain links to third-party websites. Linked websites are not under Company’s control, and Company is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any information with such third-party services. Once sharing occurs, Company will have no control over the information that has been shared.
We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such third-party websites. In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Company of that third party or of any product or service provided by a third party.
The Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Services are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
If you violate any provision of these Terms, then your authorization to access the Services and these Terms automatically terminate. In addition, the Company may, at its sole discretion, terminate these Terms or your account on the Services, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination.
You can cancel your account at any time by contacting our Customer Service team. You may be asked to provide further proof that you are the holder of the account. This is a permanent process and we do not guarantee that your account will be able to be reactivated.
We reserve the right to delete your User Content or account at any time at our discretion. If your account is terminated because you have breached these Terms, we may prohibit you from establishing another account. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Services using a different name, email address, or other forms of account verification.
Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Services; (ii) you will no longer be authorized to access your account or the Services; (iii) you must pay the Company any unpaid amount that was due prior to termination; and (iv) all payment obligations accrued prior to termination and Sections 4 (User Content), 6 (Intellectual Property), 8.B (Effect of Termination), 9 (No Warranties by Company), 10 (Limitation of Liability), 11 (Indemnity), 12 (Dispute Resolution), and 17 (General) will survive.
The Company will have no obligation to provide a refund of any amounts previously paid to the Company. Where an account is canceled, lapses, or terminated, we are entitled to close the account and entitled (but not obliged) to delete all User Content associated with that account. Your obligations and our rights under these Terms survive the termination and deletion of your account.
THE SERVICES, ALL CONTENTS, AND ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
COMPANY DOES NOT WARRANT THAT YOUR USE OF THE PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE PLATFORMS OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH COMPANY ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE PLATFORMS.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER COMPANY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, ANY INFORMATION OR MATERIALS PROVIDED ON THE PLATFORMS, OR ANY PRODUCTS PURCHASED THROUGH THE PLATFORMS.
COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE PLATFORMS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 10 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS, AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF THESE TERMS (INCLUDING ANY REPRESENTATION OR WARRANTY IN THESE TERMS) OR ANY ACTIVITY RELATED TO YOUR ACCOUNT OR USE OR MISUSE OF THE SERVICES (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT).
You agree that when you have any issue with us, our platforms, or anything connected to us or our platforms, first notify us of that issue and attempt to resolve it through good-faith negotiation before reporting the issue to any third party. You agree to notify us as soon as reasonably possible if you become aware of actions or omissions by you or any other party that you believe to contravene these Terms. You agree that any such issue must be notified to us within ninety (90) days of the date on which it arises and that, if this is not done, any claim based on such an issue is forever barred. To the extent an issue cannot be resolved, it will be resolved in accordance with Section 13.
Except as described in Section 13.B (Exceptions) and 13.C (Opt-Out), you and Company agree that every dispute arising in connection with these Terms, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts.
This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 13 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Cherry Hill Programs, 4 East Stow Road Suite #1, Marlton, New Jersey, Attn: Legal, that specifies: your full legal name, the email address associated with your account on the Services, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”).
Once the Company receives your Opt-Out Notice, this Section 13 (Dispute Resolution and Arbitration) will be void. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org , by calling the AAA at +1-800-778-7879, or by contacting the Company.
Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Company’s address for Notice of Arbitration is: Cherry Hill Programs, 4 East Stow Road Suite #1, Marlton, New Jersey, Attn: Legal.
The Notice of Arbitration must: (i) identify the name or account number of the party making the claim; (ii) describe the nature and basis of the claim or dispute; and (iii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or the Company may commence an arbitration proceeding.
If you commence arbitration in accordance with these Terms, the Company will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for $10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a telephonic or video hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or the Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
Except as provided in Section 13.H (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by the Company before an arbitrator was selected, the Company will pay to you the higher of: (i) the amount awarded by the arbitrator and (ii) $5,000. The arbitrator’s award shall be final and binding on all parties, except (A) for judicial review expressly permitted by law or (B) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If the Company makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to the Company’s address for Notice of Arbitration, in which case your account with the Company will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If Section 13.H (No Class Actions) or the entirety of this Section 13 (Dispute Resolution and Arbitration) is found to be unenforceable, or if the Company receives an Opt-Out Notice from you, then the entirety of this Section 13 (Dispute Resolution and Arbitration) will be null and void.
The Platforms may be accessed from countries other than the United States. The Platforms, and the Services contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use the Platforms outside the United States you are responsible for complying with your local laws and regulations.
By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
We, our affiliates, or third parties may offer new, or updated products or services through our Platforms from time to time. Your use of those services will be governed by these Terms but may also be subject to additional terms of use, which you must comply with. Any failure by you to comply with a material provision of the terms governing those products or services will amount to a breach of these Terms.
We reserve the right to assign these Terms and any or all of our rights and obligations under these Terms. You may not, without our prior written consent, assign or dispose of these Terms or any of your rights and obligations thereunder.
You must ensure that you comply with all applicable laws and regulations in all actions and omissions relating to this agreement, including without limitation User Content, images that may be viewed, and the products that may be bought. If any party contacts us in relation to User Content or a transaction associated with you, then you agree to provide all reasonable information and assistance we may require in connection with responding to that contact and to provide such information and/or assistance promptly and accurately.
If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Where any part of these Terms conflicts with applicable law, that law shall override the relevant part or parts of these Terms only to the minimum extent necessary to remove such a conflict. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
These Terms contain your entire agreement with us relating to your use of and access to our Platforms and replace all earlier agreements and understandings with you relating to our Platforms.
The headings to the sections are for ease of reference only and do not affect the interpretation or construction of these Terms. To the greatest extent permitted by law, a person who is not a party to these Terms has no right to enforce any of these Terms.
These Terms, your use of the Platforms, and each order and purchase of a product shall be governed by the laws of the United States of America.
Company is a United States of America company, though some of our affiliate companies are formed in other countries. If you have a request regarding these Terms, please feel free to contact us here or by writing to 4 East Stow Road Suite #1, Marlton, New Jersey.
This Section 19 (Notice Regarding Apple) only applies to the extent you are using our Apps on an iOS device. You acknowledge that these Terms are between you and Company only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service. You hereby represent and warrant that: (x) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties.