HypeBox, Inc (“HypeBox™” “WE” “US” OR “OUR”) TERMS OF SERVICE
These terms and conditions (the “Terms”) are a legal contract between you and HypeBox™. The terms explain how you are permitted to use the website located at the url: www.gethypebox.com, as well as all associated sited linked to www.gethypebox.com by HypeBox™, its subsidiaries and affiliated companies (collectively, the “Site”). By using this site, you are agreeing to all the terms; if you do not agree with any of these terms, do not access or otherwise use this site, any services available through this site or any information contained on this site.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH HYPEBOX™. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless HypeBox™ if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to HypeBox™ or the Site.
HypeBox™ provides content through the Site and through the Services that is copyrighted and/or trademarked work of HypeBox™ or HypeBox™’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, HypeBox™ hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
HypeBox™ may make changes to the content and Services offered on the Site at any time. HypeBox™ can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site. If we make a material change to our service or your automatic renewal or continuous service terms, we will provide you with notice of that change. If you do not want to accept the change, you may cancel your subscription by emailing email@example.com, and your cancellation will be effective after your next renewal date. Otherwise, your continued use of the website or your subscription will constitute your acceptance of the change.
USING THE SITE AND THE SERVICES ON THE SITE.
You can simply view the Site and not use any Services on the Site. You need not register with HypeBox™ to simply visit and view the Site. However, in order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site, you must register with HypeBox™ for an account and receive a password.
PASSWORD RESTRICED AREAS OF THE SITE.
If you desire to register for an account with HypeBox™, you must submit the following information through the account registration page on the Site: contact information and payment information. You will also have the ability to provide additional optional information, such as completing a style profile, which is not required to register for an account but may be helpful to HypeBox™ in providing you with more a more customized experience when using the Site or its Services. Once you have submitted your account registration information, HypeBox™ administrator shall have the right to approve or reject the requested registration, in HypeBox™ administrator’s sole discretion. If your account is approved by HypeBox™ administrator, you will be sent an e-mail that contains a password that will allow you to log-on to the Site using that password (the “HypeBox™ Password”) for the first time you log into your account on the Site to complete the account registration process.
You are responsible for maintaining the confidentiality of your HypeBox™ Password (“Password”), and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to notify HypeBox™ if your Password on this Site is lost, stolen, if you are aware of any unauthorized use of your Password on this Site or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date.
If you register for a “beta account” or other pre-release version of the Site and/or the Services and Materials on the Site (“Beta Release”), you acknowledge and agree that the Beta Release may contain, in HypeBox™ sole discretion, more or fewer features or different licensing terms than a subsequent commercial release version of the Site and/or Services that may be offered through the Site. You acknowledge and agree that any “beta account” will automatically convert to a commercial release version account upon the launch date of the Site and its Services to the public (“Public Launch Date”).
While HypeBox™ generally intends to distribute commercial release versions of the Site and the Services and Materials on the Site, HypeBox™ reserves the right not to release later commercial release versions of any Beta Release. Without limiting any disclaimer of warranty or other limitation stated herein, you agree that any Beta Release is not considered by HypeBox™ to be suitable for commercial use, and that it may contain errors affecting its proper operation.
BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT USE OF A BETA RELEASE MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITE IN GENERAL AND ANY SERVICES THAT MAY BE OFFERED THROUGH THE SITE. HYPEBOX™ SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY BETA RELEASE.
By registering for an account with HypeBox™, you become a “Subscriber” with access to certain password-restricted areas of the Site, to use certain Services and Materials offered on and through the Site and to purchase packages (a “Subscription”). HypeBox™ offers a recurring subscription service where you select a Subscription plan, pay a reoccurring Subscription fee and receive a package of curated items based on the Subscription plan you select. Each Subscription and the rights and privileges provided to a Subscriber is personal and non-transferable. All sales and payments of Subscription fees will be in US Dollars.
ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE UNLESS YOU HAVE CANCELLED DUE TO A MATERIAL CHANGE IN OUR SERVICE OR PRICE, AND HAVE EXERCISED YOUR RIGHT TO CANCEL AS STATED IN “Changes” ABOVE AND “Cancellation Policy” BELOW.
The fee that we will charge you for your Subscription will be the price for the Subscription plan you select. If you signed up for HypeBox™ using a promotion code, you will only receive that promotion in your first Subscription package. The Subscription plans and the associated fees are listed at www.gethypebox.com/checkout. HypeBox™ reserves the right to change the price or frequency of Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
You will be liable for paying any and all applicable sales and use taxes for the purchase of your Subscription based on the mailing address that you provide when you register as a Subscriber (including if you are a resident of California and even if you have not been charged California state taxes in the past), and you authorize HypeBox™ to charge your credit or debit card for any such applicable taxes. Shipping is free for all domestic orders (US subscribers only) all international orders including Canada and UK will be charged shipping on the date their Hypebox is sent out. Shipping cost is based on shipping address and distance from our location.
You may pay your Subscription fee only with credit and debit card payments (Visa, MasterCard, American Express, and Discover). We will charge your credit or debit card for your first Subscription fee on the date that we process your order for your Subscription. Thereafter, we will charge your credit or debit card using the card you used at registration with the relevant Subscription fee monthly, quarterly, yearly or otherwise, in accordance with the Subscription terms of the Subscription you selected, until you cancel your Subscription in accordance with our below Cancellation Policy.
If the credit or debit card information you have provided is incorrect or incomplete or if HypeBox™ is unable to complete the transaction due to your error or omission, we will attempt to contact you and inform you of the problem; however, failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your Subscription or a particular delivery. If you do not pay the Subscription fee or if your payment does not process, you will not receive any packages. Once your credit or debit card is charged the Subscription fee, you will generally receive your package within two weeks.
Subscriptions may be cancelled as expressly set forth in the Cancellation Policy section below. If you believe you have purchased a Subscription in error, please contact us immediately at firstname.lastname@example.org. HypeBox™ may limit quantities of or cancel Subscriptions purchased, and we reserve the right to refuse any order. In the event HypeBox™ needs to change or cancel an order, we will attempt to notify you using the contact information you provided during registration. Packages may be shipped by a third party carrier. As a result, title and risk of loss for packages will pass to you upon our delivery to the carrier.
IMPORTANT NOTICE: HYPEBOX™ WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION AND CHARGE YOU THE SUBSCRIPTION FEE ON EACH MONTHLY, QUARTERLY, YEARLY OR OTHER ANNIVERSARY (BASED ON THE TERMS OF THE SUBSCRIPTION PLAN YOU SELECTED) OF OR AROUND THAT DATE THAT HYPEBOX FIRST CHARGES YOUR CREDIT OR DEBIT CARD FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, HYPEBOX WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE SUBSCRIPTION FEE, AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT, UNLESS YOU CANCEL ACCORDING TO THE CANCELLATION TERMS.
YOU HAVE 7 DAYS FROM THE TIME YOU RECEIVE YOUR PREVIOUS PACKAGE TO CANCEL YOUR SUBSCRIPTION OR YOU WILL BE CHARGED THE SUBSCRIPTION FEE FOR THE NEXT PACKAGE.
TO CANCEL, YOU MUST EMAIL CANCELLATION@GETHYPEBOX.COM FROM THE EMAIL ADDRESS YOU USED TO REGISTER YOUR ACCOUNT WITH THE SUBJECT LINE STATING “CANCELLATION” AND INCLUDE SOMETHING LETTING US KNOW YOU WISH TO CANCEL SUCH AS THE FOLLOWING TEXT IN THE BODY OF THE EMAIL: “Unfortunately, I would like to cancel my subscription with HypeBox™. Please cancel my subscription and confirm that my account has been cancelled.”
A HYPEBOX™ CUSTOMER SERVICE REPRESENTATIVE WILL EMAIL YOU TO CONFIRM WHETHER YOU ARE ELIGIBLE TO CANCEL YOUR SUBSCRIPTION DURING THE THEN CURRENT SUBSCRIPTION PAY PERIOD (WHICH IS DETERMINED IN ACCORDANCE WITH OUR CANCELLATION POLICY STATED ABOVE) OR WHETHER YOUR CANCELLATION REQUEST WILL BE EFFECTIVE AFTER YOUR NEXT RENEWAL DATE. IF YOU SUBMIT A CANCELLATION REQUEST AFTER THE 25TH OF THE CURRENT SUBSCRIPTION MONTH YOU WILL BE CANCELED AFTER THE FOLLOWING MONTH’S RENEWAL PROCESS.
EACH SUBSCRIPTION RENEWAL PERIOD IS MONTHLY, QUARTERLY, YEARLY OR OTHERWISE, ACCORDING TO THE AMOUNT OF TIME SET FORTH IN THE SUBSCRIPTION PLAN OPTION YOU SELECT. NO SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL BE REFUNDED, IN WHOLE OR IN PART. HYPEBOX™ REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.
The content of each package is curated by HypeBox™. UNFORTUNATELY, WE DO NOT ALLOW RETURNS OR SUBSTITUTIONS OF ANYTHING IN YOUR PACKAGE. If you receive a package with damaged or incomplete contents, or if you are otherwise unhappy with any package you receive, please contact us at: email@example.com.
SUBSCRIPTIONS FREQUENCY CHANGES AND PAUSES.
You may pause your Subscription for up to a maximum of two (2) months from your last Subscription charge date by contacting HypeBox™ at: firstname.lastname@example.org.
Regardless of whether your account has been paused, you may only cancel your Subscription by notifying HypeBox™ in accordance with the terms set forth above within 7 days after receiving your last package. If you are outside of the 7-day cancellation window and subsequently pause your account, your cancellation request will be effective after your next renewal date.
Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While HypeBox™ makes every effort to ensure that the information on the Site and/or contained in your package is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Site and/or contained in your package. HypeBox™ makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk. MOREOVER, HYPEBOX™ DISCLAIMS ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH YOUR USE OF THE CONTENTS CONTAINED IN EACH PACKAGE, ANY AND ALL SUCH USE SHALL BE AT YOUR OWN RISK.
HypeBox™ may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotion codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotion codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotion codes cannot be replaced. Limit one promotion code per customer. Promotion codes are void where prohibited. Any promotion code must be entered at the time of sign up in the “coupon code” section of the payment form and a promotion code cannot be applied to an order or an account after it has been processed. Any promotional program may be terminated or modified by HypeBox™ at any time in its sole discretion.
If applicable, you agree to pay all fees or charges to your account based on HypeBox™’s fees, charges, and billing terms in effect as shown on the www.gethypebox.com/checkout. If you do not pay on time or if HypeBox™ cannot charge your credit card or other payment method for any reason, HypeBox™ reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms and you will not receive any packages. You are expressly agreeing that HypeBox™ is permitted to bill you for the applicable fees, any sales tax or other applicable taxes and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that HypeBox™ may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic and telephonic communications, as well as SMS mobile text messages from HypeBox™. Electronic, telephonic, mobile, and SMS text communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. You may opt out of receiving SMS text messages by notifying HypeBox™ or by replying with “STOP” to any text that you receive. We may contact you by telephone if we have questions about your Subscription. These communications are part of your relationship with HypeBox™. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
LINKS TO THRID-PARTY SITES.
YOU AGREE THAT HYPEBOX™ WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply HypeBox™’s endorsement or recommendation.
When using this Site and/or the services, you agree not to:
· Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
· Use any robot, spider, scraper or other automated means to access the Site.
· Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
The above list of prohibitions provides examples and is not complete or exclusive. HypeBox™ reserves the right to terminate access to your account and/or your ability to use the Services with or without cause and with or without notice, for any reason or no reason at all, or for any action that HypeBox™ determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services.
HypeBox™ may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at HypeBox™’s discretion, HypeBox™ will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
YOU AGREE TO INDEMNIFY AND HOLD HYPEBOX™ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND BUSINESS PARTNERS HARMLESS FROM AND AGAINST ANY AND ALL COSTS, DAMAGES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS OF DEFENSE) HYPEBOX™ OR ANY OTHER INDEMNIFIED PARTY SUFFERS IN RELATION TO, ARISING FROM, OR FOR THE PURPOSE OF AVOIDING, ANY CLAIM OR DEMAND FROM A THIRD-PARTY THAT YOUR USE OF THIS SITE OR THE USE OF THIS SITE BY ANY PERSON USING YOUR USER NAME AND/OR PASSWORD VIOLATES ANY APPLICABLE LAW OR REGULATION, OR THE COPYRIGHTS, TRADEMARK RIGHTS OR OTHER RIGHTS OF ANY THIRD-PARTY, OR FOR ANY DATA BREACHES CONTAINING ANY OF THE INFORMATION YOU HAVE PROVIDED TO HYPEBOX™.
HypeBox™ is a trademark of HypeBox, Inc. in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of HypeBox™, Copyright © 2018 HypeBox Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
DISCLAIMER OF WARRANTIES.
Your use of this Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by HypeBox™, and they may include inaccuracies or typographical or other errors. HypeBox™ does not warrant the accuracy of timeliness of the Materials contained on this Site. HypeBox™ has no liability for any errors or omissions in the Materials, whether provided by HypeBox™, our licensors or suppliers or other users.
HYPEBOX™, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. HYPEBOX™ DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
LIMITATION OF LIABILITY.
HYPEBOX™ DISCLAIMS ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE PRODUCTS YOU RECEIVE OR YOUR USE OF THE CONTENTS CONTAINED IN EACH PACKAGE, ANY AND ALL SUCH PRODUCTS AND USE THEREOF SHALL BE SOLELY AT YOUR OWN RISK.
HYPEBOX™ SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HYPEBOX™ BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF HYPEBOX™ KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT BE MORE THAN $50.00.
LOCAL LAWS; EXPORT CONTROL.
HypeBox™ controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to HypeBox™, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and HypeBox™ is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.
You understand and agree that HypeBox™ is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at email@example.com. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and HypeBox™.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and HypeBox™ shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury, or enter into a class action claim against HypeBox™. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “HypeBox™” means HypeBox™ and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and HypeBox™ regarding any aspect of your relationship with HypeBox™, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below).
“Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as HypeBox™’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
PRE-ARBITRATION CLAIM RESOLUTION.
For all Disputes, whether pursued in court or arbitration, you must first give HypeBox™ an opportunity to resolve the Dispute. You must commence this process by mailing written notification to firstname.lastname@example.org. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If HypeBox™ does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
EXCLUSIONS FROM ARBITRATION/RIGHT TO OPT-OUT.
Notwithstanding the above, you or HypeBox™ may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to email@example.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with HypeBox™ through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with HypeBox™. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or HypeBox™ may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties,subject to any right of review provided by the FAA or applicable state law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or HypeBox™ may initiate arbitration in the federal judicial district that includes your billing address.
Payment of Arbitration Fees and Costs – Each party will pay equal share of all arbitration filing fees and arbitrator’s costs and expenses upon commencement of the arbitration. Each party shall be responsible for all additional fees and costs that it incurs in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with HypeBox™ as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
CLASS ACTION WAIVER.
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and HypeBox™ specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT YOU AND HYPEBOX™ ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT. IN THE ABSENCE OF THIS PROVISION, YOU AND HYPEBOX™ MIGHT OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING DISPUTES IN A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS). EXCEPT AS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS THE RIGHT TO APPEAL AND TO CERTAIN TYPES OF DISCOVERY, MAY BE MORE LIMITED OR MAY ALSO BE WAIVED.
If any clause or portion of a clause within the Terms (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause or portion of such clause will be severed from the Terms, and the remainder of the Terms will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with HypeBox™ or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if HypeBox™ makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require HypeBox™ to adhere to the language in this Provision if a dispute between us arises.
HypeBox™ prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by HypeBox™, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations Convention on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement.
Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in Los Angeles County in the State of California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. HypeBox™’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and HypeBox™ and supersede all prior or contemporaneous negotiations, discussions or agreements between you and HypeBox™ about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
CALIFORNIA CONSUMER NOTICE.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by HypeBox™, firstname.lastname@example.org.
If you have a question or complaint regarding the Site or Service, please contact Customer Service at email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions about these Terms or otherwise need to contact HypeBox™ for any reason, you can reach us by email at firstname.lastname@example.org.