Terms of service

Terms & Conditions

The following terms and conditions for all current uses of this website and disclaimers (“Terms”) constitute a binding agreement between you and Candy Club Corporation (“Candy Club”). PLEASE READ THE TERMS CAREFULLY BEFORE BROWSING OR MAKING A PURCHASE FROM THIS WEBSITE (“USE”). THE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. YOUR CURRENT USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS FOR YOUR CURRENT USE. ONLY THE TERMS IN EFFECT AS OF A USE SHALL GOVERN FOR THAT PARTICULAR USE. EACH TIME YOU MAKE USE OF THE SITE, REVIEW THE TERMS AGAIN IN ORDER TO ENSURE THAT YOU ARE AWARE OF AND ACCEPT THE THEN-CURRENT TERMS. IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THIS WEBSITE AND DO NOT PLACE AN ORDER. BY CHECKMARKING THE TERMS AND CONDITIONS AND AUTO-RENEWAL DISCLAIMER IN THE CHECKOUT, YOU ARE AGREEING TO THESE PROVISIONS.

YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.

WAIVER OF RIGHT TO JURY TRIAL OR CLASS ACTION

IF ANY DISPUTES ARISE BETWEEN YOU AND US FOR ANY REASON, AND NEITHER OUR CUSTOMER SERVICE DEPARTMENT NOR GOOD FAITH MEDIATION IS ABLE TO RESOLVE ANY CLAIM, DISPUTE OR CONTROVERSY, WE BOTH AGREE THAT SUCH DISPUTE SHALL THEN BE SETTLED SOLELY BY ARBITRATION STRICTLY BETWEEN YOU AND US, THE RESULT OF WHICH SHALL BE BINDING UPON ANY PARTIES INVOLVED, AND ANY JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. TO LEARN ABOUT THIS DISPUTE RESOLUTION POLICY IN FULL, PLEASE VIEW OUR ARBITRATION POLICY BELOW.

GENERAL

These Terms shall govern your current Use of this website. These Terms supersede all terms and conditions that may have been published previously on this site.
You represent that: (1) you are at least 18 years of age; (2) you are of legal age to form a binding contract; and (3) you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are between 13 and 18 years old, please ask your parents or other responsible adults to place any orders that you wish to place.
You acknowledge that you do not rely on any representation and/or warranty that has not been expressly made in the Terms.
We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete, or out of date.
Descriptions, depictions, representations, and/or specifications for the products and services on offer at this website are intended as a guide only and only give a general approximation of the efficacy of the products.
You shall use this website in a legal, honest, and inoffensive manner.
These Terms are organized under titles in order to group information into "user-friendly" categories. The titles are not to be used for purposes of interpreting the Terms.
You may browse the Website without registering. However, in order to access some portions and features of the Website, including to post comments, you will be required to register with and/or sign into the Website. If you do so, you are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username
We welcome your comments regarding the Candy Club Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to or posted on Candy Club sites shall be and remain the exclusive property of Candy Club. Your submission of any such Comments shall constitute an assignment to Candy Club of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Candy Club will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
In the event you use our services over mobile devices, you hereby acknowledge that your carrier's normal rates and fees, such as text messaging and excess broadband fees will still apply.

ORDERS

We have the right to refuse to accept any orders placed for Candy Club's products and services. Your order for products shall only be binding on us when you receive confirmation that a product has shipped. If we refuse your order, your money will be returned in full.
You are responsible for the accuracy of all information you provide that is necessary for us to process your order and/or ship your order to the correct location. If an order has not been shipped, or shipped to an incorrect location due to such inaccuracy, you alone are responsible.
The provision of products and services is subject to availability. If products are out of stock, Candy Club will inform you as soon as possible. You will be given the option of waiting until the products are in stock, or of canceling your order. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We may require additional verifications or information. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your order.
If you have any problems or concerns regarding Candy Club products, you can reach us via the customer service contact information supplied on this website.
Dates for delivery are estimates only and are not guaranteed. Time is not of the essence in relation to such dates. They are also subject to any matter beyond our reasonable control.
If a delivery requires a signature to confirm receipt, it is your responsibility to ensure that there is someone at the delivery address to sign for the products when delivered. It is also your responsibility to collect the products from any postal collection depot and/or arrange an alternative delivery date if you are not available to sign for the products.
Other than purchases through our wholesale website https://wholesale.candyclub.com/ The purchase of products for resale through Candy Club’s website is strictly prohibited. Purchase for resale means the purchase of product by someone who resells, or intends to resell, product to others (consumers, businesses or any third party). If we believe you are purchasing product for the purposes of unauthorized resale, we reserve the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account. You are responsible for complying with all applicable laws and regulations in connection with your use of any Candy Club products, including compliance with export laws of the United States or other countries. You represent and warrant that you will not export, re-export, or transfer any product in violation of such laws or regulations. By continuing to use this website and/or by purchasing products through this website, you agree that you will defend and hold Candy Club Corporation, its parent, and its affiliates harmless against all claims, damages, or liability resulting in your breach of the foregoing.
The availability of this website may be outside our control and in the hands of third party providers. We cannot guarantee the level of availability of this site for your orders or other Use. We reserve the right to discontinue the website at any time.
Candy Club cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Candy Club website. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Delivery will be deemed to have taken place at the time Candy Club places an order in the possession of any carrier service (e.g., UPS, USPS, or Federal Express) for customer delivery. Candy Club is not responsible for late, lost, stolen or damaged goods once an order leaves our possession If the products are not delivered, arrive late, or are damaged in transit, you must take this up with the carrier. We will provide you with their contact details upon request.
Payment is due at the time you place your order.
We do not accept your order until we receive notice from our credit card merchant that your payment has been authorized and/or we have received payment in full in cleared funds.
If for any reason payment in full is not made, we may withhold or suspend delivery of the products.
We are unable to process cancellation requests via email. Please contact our customer service team at 855-534-4343 during regular business hours for cancellation requests.

NO REFUNDS OR RETURNS

As nearly all of our products are either edible or personalized, all sales are final and no refunds or returns will be authorized.

CANCELLATION/REFUNDS

Orders cannot be cancelled once Candy Club has begun processing the order. In order to promptly deliver our candy as fresh as possible, the processing of an order commences almost immediately once you have submitted your order. We are unable to accommodate requests to change or cancel an order after two hours have passed since the order was placed. Any changes to or cancellation of an order can only be made with Candy Club’s prior written approval and additional charges may apply. Any agreement by Candy Club to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges and expenses already incurred by Candy Club to that point, and you agree that such amounts may be deducted from any payments previously made to Candy Club. Accordingly, we encourage you to carefully check your order before submitting it.

LIABILITY

WE SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR FROM ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF OUR PRODUCTS OR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE, OR OTHER GROUNDS. THIS LIMITATION DOES NOT, HOWEVER, EXTEND TO DIRECT OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
CANDY CLUB CORPORATION MAKES NO WARRANTIES FOR THE PRODUCTS SOLD ON THIS WEBSITE. CANDY CLUB CORPORATION MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE PRODUCTS ON THIS SITE FOR ANY PURPOSE. ALL SUCH PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CANDY CLUB CORPORATION SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PRODUCTS ON THIS SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE REPRESENTATIONS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS ON THIS SITE REGARDING CANDY CLUB PRODUCTS ARE BASED ON REPRESENTATIONS AND CONCLUSIONS BY THIRD PARTIES INCLUDING THIRD-PARTY SCIENTIFIC AND MEDICAL RESEARCHERS, CUSTOMERS PROVIDING TESTIMONIALS, EXPERT ENDORSERS, INFORMATION FROM SUPPLIERS, PARTICIPANTS ON INTERNET FORUMS, AND AUTHORS WHO PUBLISH LITERATURE ABOUT THE PRODUCTS' INGREDIENTS AND THEIR EFFICACY. CANDY CLUB CORPORATION DOES NOT ITSELF REPRESENT OR ENDORSE THE ACCURACY, CURRENCY, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE, AND EXPRESSLY DISCLAIMS LIABILITY FOR ALL SUCH REPRESENTATIONS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.
CANDY CLUB CORPORATION SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE.
WE DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
CANDY CLUB CORPORATION URGES YOU TO SEEK THE ADVICE OF A PHYSICIAN OR OTHER COMPETENT MEDICAL PRACTITIONER BEFORE USING THE PRODUCTS OFFERED ON OR THROUGH THIS WEBSITE, SINCE YOU MAY BE TAKING A MEDICATION OR OTHER DIETARY SUPPLEMENTS, OR MAY HAVE A MEDICAL CONDITION THAT MAKES THIS PRODUCT INAPPROPRIATE FOR YOUR USE. CANDY CLUB CORPORATION DISCLAIMS ALL LIABILITY FOR ANY INJURY OR ILLNESS THAT YOU SUSTAIN AS THE RESULT OF NOT SOLICITING SUCH ADVICE, AS A RESULT OF HAVING RECEIVED INCOMPLETE OR INACCURATE ADVICE, OR AS A RESULT OF HAVING ANY ADVERSE PHYSICAL REACTION WHETHER OR NOT YOU FIRST CONSULTED WITH A MEDICAL PRACTITIONER.
CANDY CLUB CORPORATION DISCLAIMS ALL LIABILITY FOR REPRESENTATIONS AND WARRANTIES MADE ON OTHER WEBSITES ABOUT THE PRODUCTS AND SERVICES ON OFFER AT THIS WEBSITE.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS CANDY CLUB CORPORATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ATTORNEYS, AGENTS, DISTRIBUTORS, AND AFFILIATES FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (INCLUDING ATTORNEYS' FEES AND COSTS) ARISING OUT OF OR RELATING TO YOUR BREACH OR ALLEGED BREACH OF ANY OF THESE TERMS AND/OR OF THE TERMS OF OUR ARBITRATION POLICY. WE WILL CONTROL SELECTION OF COUNSEL FOR ANY INDEMNIFIED MATTER.
THESE DISCLAIMERS AND EXCLUSIONS APPLY TO ALL CONTENT, MERCHANDISE, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THIS SITE.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

INTELLECTUAL PROPERTY

By virtue of copyright, trademark, international treaties, and other laws, the entire contents of this website are owned by Candy Club Corporation or our affiliates or licensors. You may not forward or copy any portion of this for any purpose other than your own personal reference.
Certain trademarks, trade names, service marks, graphics, photographs, and logos used or displayed on this website are registered and unregistered trademarks, trade names, service marks, graphics, photographs, or logos belonging solely to Candy Club Corporation or its affiliates or licensors. In addition, the arrangement and design of these elements on our website, and the underlying source code, are the sole property of Candy Club Corporation. You are forbidden from copying or using these in any manner without the written permission of Candy Club Corporation or other owner.

DATA PRIVACY AND SECURITY

Please review our Privacy Policy, available at http://www.candyclub.com/privacy/, which is hereby incorporated by reference as a binding part pf this agreement.
We may use a third party credit card merchant to take your payment. This third party will check and process your payment details. There are strict obligations that govern credit card merchants' handling of personal data. However, we cannot be held responsible for actions by this third party. We accept no liability for loss and/or damage that you may suffer as a result of this third party's acts and/or omissions. We advise you to print and retain a copy of each card transaction for future reference.
There is an inherent risk that any communication, whether by e-mail, fax, telephone, or post, can be intercepted by third-parties. We do not accept any liability for external compromise of security and/or confidentiality in relation to transmissions sent by any of these media.
You shall not use this website and any service made available to you via this website to attempt to gain access to and/or interfere with the functioning, operation or security of any network and/or system or in order to monitor a third party's use of the internet.

LINKS

Candy Club is not responsible for the content of any websites that link to this one, including such websites that review and/or promote Candy Club's products and services. A link to this site from another website does not imply that Candy Club endorses the contents of such websites or accepts the endorsements contained on such websites, or accepts any responsibility for the content or use of such other websites.
This site may contain links to websites owned or operated by parties other than Candy Club. Such links are provided for your reference only. Candy Club does not control outside sites and is not responsible for their content nor their conformity to applicable laws. Candy Club's inclusion of any links to an outside website does not imply any endorsement of the material on that site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Candy Club's inclusion of the links imply that Candy Club is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.

RELEASE

IF YOU HAVE A DISPUTE WITH ANY PARTY WHO PROVIDES THIRD-PARTY SERVICES IN CONNECTION WITH, ON, OR THROUGH THE WEBSITE, OR WITH ANY PARTY WHO PROVIDES A WEBSITE LINKED TO ON THE WEBSITE, YOU RELEASE US FROM CLAIMS, DEMANDS AND DAMAGES (INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU ALSO WAIVE CALIFORNIA CIVIL CODE S1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU ALSO WAIVE ANY AND ALL BENEFITS AND RIGHTS THAT WOULD OTHERWISE ACCRUE TO YOU BY REASON OF THE PROVISIONS OF ANY FEDERAL OR STATE STATUTE OR PRINCIPLE OF COMMON LAW OF ANY STATE OF THE UNITED STATES, OR ANY POLITICAL ENTITY OR NATION, PROVINCE OR LOCAL LAW OR REGULATION THAT MAY GOVERN THIS RELEASE, WHICH STATUTE, REGULATION, LAW OR PRINCIPLE PROVIDES IN SUBSTANCE SOMETHING SIMILAR TO CALIFORNIA CIVIL CODE S 1542. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING RELEASE.

SEVERABILITY

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Candy Club, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

MISCELLANEOUS

No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same provision or other provision. All waivers must be in writing and signed by the party against whom they are asserted.
If any provision of the Terms is held by a legal authority pertinent jurisdiction to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and the remainder of the affected provision shall be unaffected and shall remain in full force and effect and the arbitrator or court shall attempt to enforce the intent of the parties hereto to the full extent allowed by law.
We shall have no Liability to you for any delay in performance to the extent that such delay is due to any event outsideour reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, pandemic, governmental action and any other similar events. If we are affected by any such event, then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
All third party beneficiaries are excluded and no third party shall have any right to enforce these Terms.
For this particular Use, this agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Candy Club with respect to this website and the products and services offered and delivered. No modification of this agreement shall be effective unless it is in writing and agreed to by the parties.
The rules of arbitration, as set forth at our ARBITRATION POLICY below shall exclusively govern the enforcement of the Terms between you and us.
These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
No party, nor any of the parties' respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

CUSTOMER SERVICE

1. If you are unhappy with any aspects of the services and/or products that we have provided to you or have any queries or comments regarding the service, please call us at Toll Free (in North America) 1-855-750-0775 or email us at candyclubWS@sugarfina.com

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834 , or by telephone at (916) 445-1254 or (800) 952-5210.

DISPUTE RESOLUTION

These Terms are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT SUGARFINA AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. ALL SUCH DISPUTES MUST BE BROUGH WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION, OR THEY WILL BE PERMANANTLY BARRED. EXCEPT AS PROVIDED BELOW REGARDING THE CLASS ACTION WAIVER, SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE; HOWEVER, AS SET FORTH BELOW, THE PRECEDING ARBITRATION REQUIREMENT SHALL NOT APPLY TO DISPUTES TO THE EXTENT RELATING TO THE INTERPRETATION OR APPLICATION OF THE CLASS ACTION WAIVER BELOW, INCLUDING ITS ENFORCEABILITY, REVOCABILITY OR VALIDITY.

YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Notwithstanding anything to the contrary in this section or any other provision of these Terms or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.