This Agreement covers your purchases of bottled water, bottled water service, other drinks, beverages, and related things (“Products/Service”) from Peak Valley Pure Water LLC, as well as Equipment (as defined below), membership plans, and bundles (also defined below). (“Company”). You can’t buy Equipment, Bottles (see below), or any other Products from Company to sell or rent them to other customers, people, or businesses. Your information will be used according to our Privacy Policy, which you can find on our website under the heading “Privacy Policy.” If you don’t give us all the information we need, we may not be able to give you the goods or services you want. Company may give Customer new terms and conditions from time to time. If there is a conflict between these Terms and any other terms and conditions, the additional terms and conditions will win, rule, and control.
This agreement has a clause that says JURY TRIALS OR CLASS ACTIONS CANNOT BE USED TO RESOLVE DISPUTES; instead, INDIVIDUAL ARBITRATION must be used. It also limits the remedies that can be used in the event of a dispute.
Delivery
Customer will buy Products and packages from Company whenever they need to. Customer must give Company accurate shipping information so that Products and packs can be delivered on time. Company has the right to set a minimum delivery requirement for all orders, which is separate from any taxes, fees, or costs and can change from time to time per delivery. All orders need a credit authorization. It’s possible that not all places will have service.
Equipment
If the Customer wants, the Company will rent the coolers, filtration systems, and/or other equipment (called “Equipment”) to the Customer, and the Customer will pay the Company for the rental. The customer agrees that this loan is legal. If the Customer buys Equipment from the Company, he or she is responsible for any fix or replacement costs, unless the Company’s warranty says otherwise, if there is one. Peak Valley Pure Water LLC’s plans include basic installation of up to one hour of labor and 25 feet of standard installation equipment. Any extra labor and material costs are the customer’s responsibility. Installation will start at the place the customer chooses, and the company’s responsibilities and tools will only apply from that point to the place the customer chooses where Peak Valley Pure Water LLC will distribute the water. The customer will give any rights that are needed to make changes to the property, like cutting or drilling. If the customer wants to switch the equipment for a reason other than a problem with how it works, the customer agrees to pay an extra fee (called the “Non-Defect Equipment Replacement Fee”) for each piece of equipment that is changed. After reviewing the Equipment, if the Company decides that it is in good shape, the Non-Defect Equipment Replacement Fee will be added to the Customer’s account.
How to use equipment and bottles
• The Equipment will be put in place at the spot given by the Customer. If the Customer’s laziness, abuse, or misuse causes damage that needs to be fixed or replaced, the Customer agrees to pay all of these costs as soon as the Company asks for them. The Equipment and multi-gallon bottles (“Bottles”) are and will stay the sole and exclusive property of Company, and Customer will have no right, title, or interest in them other than what is stated in this Agreement. Equipment can only be bought if both the customer and the company agree. Customer will only use the Equipment and all Bottles for the Company’s products and will not reuse or refill the Bottles in any way. Customer will run and maintain the Equipment and Bottles in a safe, clean, and correct way at all times, following the Company’s instructions. They will also clean and maintain the Equipment on a regular basis, at least once every three months. Customer (i) will not move the Equipment from Customer’s location without written permission from, (ii) will not change the Equipment in any way, (iii) will only let Company repair the Equipment, (iv) will let Company know right away if the Equipment or any Bottles are stolen, lost, damaged, or destroyed, and (v) will keep the Equipment and Bottles free and clear of any levies, liens, and encumbrances and will let the Company know right away. The Company can go to the Customer’s place of business at reasonable times to inspect and fix the Equipment, send or pick up Bottles, and so on.
Term
The Initial Term of this Agreement will start on the earliest of the following dates: the date that the Equipment, if any, is installed by Company; the first date that such Products are delivered to Customer; the date that Customer authorizes payment for Products; or the date that Customer authorizes payment for a membership plan or bundle plan. It will last for the length of time listed on the order form. Even so, Customer knows and agrees that Company can end this Agreement at any time, for any reason, and without having to pay Customer anything. Also, if (i) Customer’s address is the specified delivery location and/or billing address for two or more accounts, or (ii) Customer’s credit card, debit card, ACH, or other payment information is used by two or more accounts, Company may end this Agreement and/or stop filling any open order from Customer. After the relevant Term ends, this Agreement will stay in effect on a month-to-month basis or for the amount of time specified in other terms, unless either the Company or the Customer gives a 30-day notice that they want to cancel. No matter what, the initial term for Peak Valley Pure Water LLC customers is one year from the date of installation, and the initial term for customers who buy a membership or group plan is one (1) year. A customer who ends this agreement before the end of the Initial Term may have to pay a one-time early termination charge to make up for the value of equipment and/or free products or services provided to the customer, as well as administrative, installation, labor, and other costs of the customer’s account, as follows: (a) Delivery Customers: up to $25; and (b) Peak Valley Pure Water LLC Customers: up to $150. ALL CUSTOMERS: If the customer breaks this agreement, they may have to pay a
Prices
(a) DELIVERY CUSTOMERS: Equipment rental costs and rates for bottled water, other drinks, and related items will not go up during the first two months or the Initial Term of this Agreement, whichever comes first. Any price rise for the rest of the Initial Term won’t be more than the Company’s normal, non-introductory rates at that time. (a) PEAK VALLEY PURE WATER LLC CUSTOMERS: Rental prices for rented Peak Valley Pure Water LLC equipment will not go up during the first six months of the Initial Term of this Agreement. During the rest of the Initial Term, the rent can’t go up by more than $25 per month. (c) ALL CUSTOMERS: Prices for products and rental fees can change without notice. Prices for coffee, tea, sugar, paper, and other similar goods will be looked at often and could go up at any time.
Charges, fees, deposits, and returns
CUSTOMER WILL PAY ALL CHARGES FOR PRODUCTS, EQUIPMENT, AND ALL APPLICABLE SURCHARGES, TAXES AND FEES, INCLUDING, WITHOUT LIMITATION, (A) ALL BOTTLE DEPOSITS UP TO $20 PER BOTTLE AND/OR ACCOUNT DEPOSITS UP TO $100; (B) ANY APPLICABLE DELIVERY FEES OF UP TO $20 PER DELIVERY; (C) A FEE OF UP TO $5 FOR EACH PAPER INVOICE IN LIEU OF, OR IN ADDITION TO, AN ELECTRONIC INVOICE; (D) A FEE OF UP TO $8.99 PAYABLE IN THE EVENT CUSTOMER CANCELS A SCHEDULED DELIVERY ON LESS THAN 24 HOURS’ PRIOR NOTICE; (E) A FEE OF UP TO $50 FOR THE RECONDITIONING OF EACH COOLER LEASED BY CUSTOMER AND PAYABLE UPON THE CANCELLATION OF SERVICE; (F) A FEE OF UP TO $6 FOR ALL RESIDENTIAL CUSTOMERS WHO CALL THE CUSTOMER SERVICE NUMBER FOR ASSISTANCE WITH UPDATING OR SCHEDULING DELIVERIES, MAKING A PAYMENT OR MODIFYING AN EXISTING ORDER; (G) A FEE OF UP TO $20 FOR CUSTOMERS WHO CALL THE CUSTOMER SERVICE NUMBER AND ORDER A ONE-TIME PICK UP OF EMPTY 3- OR 5-GALLON BOTTLES; AND (H) IN THE EVENT CUSTOMER IS IN DEFAULT ON THE PAYMENT OF ANY INVOICE FOR A PERIOD EXCEEDING 150 DAYS, A REINSTATEMENT FEE OF UP TO THE SUM OF (I) THE OUTSTANDING AMOUNT PLUS (II) 25% OF SUCH OUTSTANDING AMOUNT; AND (H) ALL APPLICABLE STATE BOTTLE DEPOSITS AND REDEMPTION VALUE ON ANY FREE AND PURCHASED PRODUCTS UPON CUSTOMER’S RECEIPT OF COMPANY’S INVOICE; AND (I) A FEE OF UP TO $20 PER DELIVERY FOR SELECTING CERTAIN DELIVERY DATES.
Customer understands and agrees that Company may send an invoice for all Products and Equipment given, as well as any applicable surcharges, taxes, and fees, as soon as they are delivered. The Company has the right to change its management, surcharges, or other fees, as well as its deposit fees, at any time and without telling the Customer first. If the Customer doesn’t pay a bill within thirty (30) days of the billing date, the Company will charge the Customer a late fee of up to $20 per month. If the late fee is higher than the highest rate allowed by law, the late fee will be the same as the highest rate. The buyer will make all payments that are due without making any counterclaims or putting up any defenses. When a customer pays an account, it’s a sign that they’ve accepted and received the goods. If there are any returns that are due, they may be put back on the credit card that was used to pay. The company accepts all major credit and debit cards, including Visa, Mastercard, American Express, and Discover. A personal or business bank account can also be used to pay. Some ways to pay, like credit and debit cards from countries other than the U.S. The Company does not accept money from banks or other places. After a company review, payments from banks, pre-paid cards, Venmo, PayPal, and other similar online money transfer tools will be allowed. If you give your credit card information, you agree that the Company may share your card or account number, as well as any related billing and payment information, with other companies, such as payment processors and/or credit agencies, in order to check your credit, get paid, and take care of your account. Company may ask for pre-authorization of your credit card or other charge account before you make a purchase under this agreement. This is to make sure that the credit card or charge account is real and has enough money or credit to pay for your transaction. By giving Company your credit card or charge account information, you give Company permission to charge your card or account (and allow the card issuer or account holder to pay) for any fees you owe under this agreement, including any fees you may be charged from time to time during the service period.
For automated payments for recurring Deliveries, Customer must give Company an accepted way to pay. Unless and until Customer tells Company before a recurring charge that Customer wants to end service, Company will charge Customer’s authorized payment method for the billing period stated when Customer authorized automatic payment. The Peak Valley Pure Water LLC website is where customers can change how they pay. If the payment method expires or the Company can’t charge the Customer’s payment method and the Customer doesn’t update or change the payment method, the Company may stop all supplies until the Customer updates the payment method, in addition to all other rights set out in these Terms. Any uncollected payments are still the customer’s responsibility.
Loss probability
The customer is responsible for any damage or loss to the Equipment and Bottles that happen while they are in his or her care. The customer is also responsible for any liability that comes from using and operating the Equipment and Bottles. Customer agrees to pay Company for any Equipment and/or Bottles that are lost, stolen, damaged, or destroyed, as determined by Company. Customer will protect Company, its parent, affiliates, officers, directors, employees, and agents to the fullest extent allowed by law from any loss, damage, liability, cost, fine, or expense related to this Agreement, including, but not limited to, reasonable attorneys’ fees. Even if the Agreement is canceled or ends, this section will still be in effect.
Customer default; company solutions
If Customer (a) doesn’t make a payment when it’s due, (b) doesn’t meet or breaks another term or condition and doesn’t fix it within ten (10) days, or (c) abandons or mistreats the Equipment or any Bottles, Customer will be in default. Upon default, Company will have the right to exercise any or all of the following cumulative remedies and any other rights or remedies it may have at law or in equity: (i) terminate this Agreement without relieving Customer of its accrued and continuing obligations; (ii) declare immediately due and payable (as liquidated damages and not as penalty) all outstanding charges plus the balance of the Equipment rental to the end of the term; (iii) refer due and payable outstanding charges, plus the balance of the Equipment rental to the end of the term, to a collection agent who may contact you about the amounts owed; (iv) subject Customer to a reinstatement fee as described in the section entitled “Charges; surcharges, fees, deposits and refunds;” and/or (v) repossess the Equipment and Bottles, and Customer hereby waives notice, legal process, or liability for trespass or other damage by Company or its third-party representatives, or, Company may declare it a total loss, and Customer will pay Company its replacement value. In a case of repossession, the customer doesn’t care if the company puts down a bond or other promise. Customer will pay or repay any costs spent by Company as a result of Customer’s failure to pay or the use of Company’s rights, including reasonable collection and/or attorneys’ fees.
Plans for all memberships
Your purchase of a membership plan is governed by the terms, conditions, and rules set out above and on Peak Valley Pure Water LLC’s website, which are all incorporated into these Terms (as they change over time). By becoming a member, you agree to these rules.
i. Cancelling an account: You can cancel your account at any time by calling 1-855-440-7325 or making a request through the Contact Us page on the Peak Valley Pure Water LLC website. If you cancel your membership within three (3) business days of signing up, the Company will return your entire membership fee. However, the Company has the right to charge you (or take from your refund) the value of any membership services you and your account used during that time. If you cancel your membership at any other time, you won’t get your membership fee back, if you paid one.
ii. benefits and eligibility: Your membership benefits may depend on what’s in stock, when you buy it, and, in some cases, where it’s shipped and delivered. Orders that are qualified may still have to pay for certain products, orders, handling, shipping, taxes, and/or other payments and fees. For each year you are a member of Hydration Superhero, you will get a coupon good for one free professional cleaning service for your water fountain.
iii. Other Limitations: The company reserves the right to accept or reject participation at its own will. You may get emails and other texts from the company about your membership. You can’t give your account or perks to someone else or sell them. You can’t buy things with the plan of selling, renting, or sending them to other people. Some club benefits may have limits on how much you can buy, how many you can buy, where you can get them delivered, or if you meet certain conditions. The company can add or take away membership benefits whenever it wants.
iv. Fees and Payment: The membership fees are listed on the website for Peak Valley Pure Water LLC. IF YOU EXCEED THE NUMBER OF FREE DELIVERIES PROVIDED TO YOU BY YOUR APPLICABLE MEMBERSHIP PLAN, YOU WILL BE CHARGED THE COMPANY’S THEN-CURRENT DELIVERY FEE ON ALL SUBSEQUENT DELIVERIES. IF YOU CHOOSE TO RECEIVE DELIVERIES ON CERTAIN DATES, YOU MAY BE CHARGED UP TO $20 PER DELIVERY. The membership fee isn’t refundable unless it says so in these Terms. Taxes could be added to either the price of your membership or the lower delivery costs that come with it. If all of the payment methods on file for you that can be used to pay your membership fee are rejected, you must quickly give Company a new payment method that can be used, or your membership will be canceled and you won’t get your money back. If you give Company a new approved payment method and are successfully charged, your membership duration will be based on the date of your first buy, not the date of the successful charge.
v. The length of your membership and how it ends: Unless otherwise stated above, your membership will last for one (1) year. You understand that unless you tell the company before a charge that you want to cancel or don’t want to auto-renew, your membership will automatically renew and continue (without notice to you, unless required by law) and you give the company permission to do so. If the company cancels your membership, you will get a refund based on the number of full months left on your subscription. But no returns will be given if your membership is canceled because of behavior that, in the sole opinion of Company, breaks these Terms or the law, involves fraud or misuse of your membership, or hurts the interests of Company or another customer. The fact that the Company doesn’t insist on or make you strictly follow these Terms doesn’t mean that the Company gives up any of its rights.
vi. Changes to the terms and conditions: At its own option, the Company may change the terms or perks of the Hydration Hero and Hydration Superhero memberships, or any part of the membership that is not important, with or without your notice or responsibility. If any change to these Terms is found to be invalid, void, or unenforceable for any reason, that change is separate and has no effect on the validity or enforceability of any other changes or conditions. IF YOU DON’T LIKE THE CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
Plans in Bundles
Your purchase of a group plan is governed by the terms, conditions, and rules listed above and on the Peak Valley Pure Water LLC website, which are all part of these Terms (as updated from time to time). You agree to these Terms if you buy a group plan.
i. Early Cancellation: You can stop your bundle plan at any time by calling 1-855-440-7325 or sending a message through the Contact Us page on the Peak Valley Pure Water LLC website. IF YOU CANCEL YOUR BUNDLE PLAN AT ANY TIME, YOU WILL BE CHARGED A ONE-TIME BREAKAGE FEE OF UP TO $25, AND YOU AUTHORIZE COMPANY TO COLLECT THE BREAKAGE FEE AND ANY TAXES FROM ANY ELIGIBLE PAYMENT METHOD COMPANY HAS ON FILE FOR YOU.
ii. Advantages and Eligibility: The benefits of your bundle plan may depend on stock levels, order dates, and, in some cases, shipping and delivery destinations. Some product, order, handling, shipping, tax, and/or other payments and fees may still apply to sales that qualify.
iii. Other Limitations: The company has the right to accept or reject your purchase of a bundle plan at its own judgment. You may get emails and other messages from the company about your bundle deal. You can’t give or sell your plan or any of its perks. You are not allowed to buy things with the purpose of reselling, renting, or sending them to other consumers. When you buy a bundle plan, you have to meet certain buying thresholds, quantity and delivery address limits, and other conditions. The company can add or take away benefits from a bundle plan whenever it wants.
iv. Fees and Payment: If you choose a group plan, you agree to buy at least ten (10) orders every year. The prices for the bundle plan are listed on the Peak Valley Pure Water LLC website. Company may offer different group plan conditions from time to time, and the prices for these plans may change. Any money you’ve paid for your bundle plan is non-refundable unless it’s clearly stated in these Terms. Taxes may be added to the lower prices on things and services (including delivery) that come with your plan. If all of the payment methods you have on file for your bundle plan are rejected, you must give Company a new payment method as soon as possible. If you don’t, your plan will be canceled and you will be charged the breakage fee. If you give Company a new accepted payment method and are charged successfully, your plan period will be based on the date you bought the plan, not the date you were charged successfully.
v. time and end: Unless otherwise stated, your group plan will last for one (1) year. IF YOU DO NOT NOTIFY COMPANY BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU AGREE THAT YOUR BUNDLE PLAN WILL AUTOMATICALLY RENEW AND CONTINUE (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW), AND YOU AGREE TO PURCHASE A MINIMUM OF TEN (10) ORDERS PER YEAR AND PAY. But you won’t get a return if your service is cut off because of something that, in Company’s sole opinion, breaks these terms or the law, like fraud or misusing your bundle plan, or because it hurts Company or another customer. The fact that the Company doesn’t insist on or make you strictly follow these Terms doesn’t mean that the Company gives up any of its rights.
vi. Changes to the terms and conditions: The Company may change these Bundle Plan terms or benefits, or any small part of the Bundle Plan, at its own judgment, with or without telling you or being responsible for it. If any change to these Terms is found to be invalid, void, or unenforceable for any reason, that change is separate and has no effect on the validity or enforceability of any other changes or conditions. IF YOU DON’T WANT ANY CHANGES, YOU MUST CANCEL YOUR BUNDLE PLAN.
I’m writing to you.
You agree that we, our affiliates, and our vendors or service providers can contact you by phone or text message at any phone number you give us or that we get from you for any non-marketing or informational reason. You also agree and understand that these calls and texts may include (but are not limited to) calls about your account, delivery, and payment, and that they may be made using an autodialer, prepared voice, or artificial voice. You promise to let us know right away if your phone number or numbers change.
Delivery service for cell phones.
The Company has a mobile message service (“Mobile Messaging Service”) that customers can use. Customers can use the Mobile Messaging Service to get a message on their phones when their things are about to be delivered. Text messages and phone calls can be made with an auto dialer or a taped voice. If Customer wants to use the Mobile Messaging Service, Customer agrees to give Company a legal mobile number and to let Company know as soon as possible if Customer’s mobile number changes. Customer agrees that Company can use Customer’s cellular service to call or send text messages to the number given by Customer. Even though the company doesn’t charge people to receive text messages, there may be costs for sending messages and using data. The customer is responsible for all charges and fees related to text messaging that are imposed by their wireless service provider. The customer agrees to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors, and suppliers from and against any and all losses, expenses, damages, and costs (including reasonable attorneys’ fees) resulting from any activity related to Customer’s use of the Mobile Messaging Service or from Customer providing Content. Customer agrees that Company will not be responsible for any failure, delay, or misdirection of information sent through the Mobile Messaging Service, any errors in such information, any action Customer may or may not take based on the information or the Mobile Messaging Service, or any disclosure of information to third parties as a result of Customer’s use of the Mobile Messaging Service. The company’s Privacy Policy is on the website for Peak Valley Pure Water LLC.
AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (West
T-Mobile® is not responsible for messages that don’t arrive on time or arrive late.
To stop getting text messages from Peak Valley Pure Water LLC, send STOP to the Text Message Received from US
For more information, call 1-800-274-5282 or email Support@PeakValleyWater.com. Messages and data may cost extra.
Notifications and billing by computer
Customer agrees that Company can send information about this Agreement to Customer by posting it in Customer’s account on the Peak Valley Pure Water LLC website. This will fulfill any obligation Company may have to send the information in writing. Customer can withdraw consent at any time, and if required by law, Company will send Customer physical copies upon request. Customer must have an Internet connection and a computer or device with a suitable browser.
Miscellaneous
Customer may not transfer any of its rights under this Agreement, either directly or indirectly, and will not enable any third person to take possession of the Equipment or Bottles without the Company’s prior written approval. Company has the right, at any time and for any reason, to amend any of the provisions of this Agreement. Customer will be notified of such changes by publishing an updated Agreement here or by requesting that Customer read and approve a new version. Customer’s continuing purchase or receipt of Products following the posting of an amended Agreement signifies acceptance of the changed Agreement. Customer may not amend this Agreement unless the Company agrees in writing. such failure or delay in exercising such right will not be construed as a waiver. Customer authorizes Company to perform credit investigations, and Company has the right to cancel this Agreement based on such information at any time. This Agreement, along with any additional terms, rules, the Company’s Privacy Policy, and any other regulations, procedures, and policies to which the Company refers and which are hereby incorporated by reference, contains the entire understanding and agreement between Customer and Company regarding this Agreement, and transactions involving Products, Bottles, and Equipment, and supersedes any and all prior understandings. If there is a discrepancy between this Agreement and any extra terms for Products, Bottles, or Equipment, the additional terms will take precedence. If any part of this Agreement is found to be unlawful, invalid, or unenforceable, the other sections are unaffected, and the Agreement is presumed changed to the extent required to make it legal, valid, and enforceable. Any provision that must be preserved in order for us to enforce its meaning will survive the termination of this Agreement.
So, warranties are denied.
CUSTOMER ACCEPTS THE EQUIPMENT “AS IS.” NO DEFECT IN OR UNSUITABILITY OF THE EQUIPMENT, NO LOSS OR DAMAGE, AND NO OTHER CONDITION WHATSOEVER WILL RELIEVE OR SUSTAIN CUSTOMERS.
Because the removal of implied warranties may not be allowed in some countries, the above exclusions may not apply to Customer.
Problems and How to Fix Them
TO THE MAXIMUM EXTENT ALLOWED BY LAW, CUSTOMER AND COMPANY AGREE TO SUBMIT EXCLUSIVELY ANY CLAIM, CONTROVERSY, OR DISPUTE ARISING OUT OF OR RELATING TO PRODUCTS, EQUIPMENT, BOTTLES, THIS AGREEMENT, OR ANY OTHER POLICIES OR OTHER TERMS INCORPORATED THEREIN (INCLUDING THE BREACH OF
THE PARTIES AGREE THAT THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO RESOLVE ANY DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCABILITY, OR FORMATION OF THIS ARBITRATION AGREEMENT, INCLUDING ANY CLAIM THAT ALL OR PART OF THIS ARBITRATION AGREEMENT IS VOID OR VOIDABLE.
TO THE FULLEST EXTENT ALLOWED BY LAW: (I) THE CUSTOMER EXPRESSLY WAIVES ANY RIGHT THE CUSTOMER MAY HAVE TO ARBITRATE A DISPUTE AS A CLASS ACTION; AND (II) THE CUSTOMER EXPRESSLY WAIVES THE CUSTOMER’S RIGHT TO A JURY TRIAL.
In arbitration, there is no judge or jury, and a court has limited power to review an arbitration award. However, an arbitrator can give the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow the terms of this agreement just like a court would.
IF CUSTOMER TELLS COMPANY THAT THIS LOCATION IS NOT CONVENIENT FOR CUSTOMER, COMPANY WILL WORK WITH CUSTOMER TO FIND A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS ABOUT THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.
DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, NOT AS PART OF A CLASS ACTION. IF ARBITRATION IS NOT PERMITTED BY APPLICABLE LAW: (I) THE PARTIES EXPRESSLY AGREE THAT ANY DISPUTE WILL BE BROUGHT AND HEARD SOLELY AND EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF COMPETENT JURIS
The arbitration will be run by JAMS. Customers can get a copy of the organization’s rules by contacting JAMS. Each party must agree on one arbitrator to run the arbitration. If the parties can’t agree on an arbitrator, one will be chosen based on the JAMS rules.
If the customer starts arbitration, the company will pay the customer’s share of arbitration fees (but not attorneys’ fees) up to a maximum of $2,500. If the arbitrator rules in the company’s favor, in addition to taking on whatever responsibility the arbitrator ordered, the company will pay the customer’s reasonable attorneys’ fees and costs up to a maximum of $5,000.
TO THE EXTENT THAT EITHER PARTY HAS VIOLATED OR THREATENED TO VIOLATE THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS IN ANY WAY, THE NON-BREACHING PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE, PROVINCIAL, OR FEDERAL COURT WITH COMPETENT JURISDICTION.
DISPUTES MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE THE CAUSE OF ACTION AROSE, UNLESS THE LAW SAYS OTHERWISE.
IF ANY PART OF THE ARBITRATION AGREEMENT IS FOUND TO BE VOID OR UNENFORCABLE, ALL THE OTHER PARTS OF THE ARBITRATION AGREEMENT WILL STILL BE IN FULL FORCE AND EFFECT.
Limits on Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS EXPRESSLY ESTABLISHED IN THIS AGREEMENT, COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THAT THE ABOVE LIMITATION OF LIABILITY IS FOUND TO BE INAPPLICABLE OR UNENFORCABLE FOR ANY REASON, COMPANY’S AGGREGATE LIABILITY FOR ANY REASON AND ON ANY CAUSE OF ACTION IN ANY WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
Some states, like New Jersey, don’t let damage caps happen. If the country in question doesn’t allow the above limitations on liability, our responsibilities will be limited to the extent that the law allows.