Terms and Conditions - Updated as of January 05, 2023
THIS AGREEMENT CONTAINS A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. SEE THE DISPUTE RESOLUTION SECTION BELOW FOR MORE INFORMATION.
Customer will purchase Products and bundles from Company as ordered by Customer from time to time. Customer must provide Company with accurate shipping information, so that we can timely deliver Products and bundles. Company reserves the right to subject all orders to a minimum delivery requirement as determined by Company from time to time per delivery, exclusive of any taxes, fees or surcharges. All orders are subject to credit approval. Service may not be available in all areas.
If Customer requests, Company will lease to Customer, and Customer will pay Company lease payments for, the coolers, filtration systems and/or equipment as agreed between Company and Customer ("Equipment"). Customer acknowledges that this is a true lease. If Customer purchases Equipment from Company, Customer will be responsible for all repair or replacement costs unless otherwise specified in Company's warranty, if any. AccuPure plans include standard installation of up to one hour's labor and 25 feet of standard installation equipment; Customer is responsible for all additional labor and materials costs. Installation will begin at the point Customer designates, Company's responsibility and equipment apply only from that point to the AccuPure delivery point, which will be designated by Customer. Customer will provide any permission necessary for alteration of the premises such as cutting or drilling. Unless otherwise agreed to in writing, if Customer wishes to exchange the Equipment for reasons not related to functional defects, Customer agrees to an additional $109.99 replacement fee (the “Non-Defect Equipment Replacement Fee”) for each piece of equipment that is exchanged. If, upon Company's inspection of the Equipment, it is determined that the Equipment is in working condition, then the Non-Defect Equipment Replacement Fee will be applied to Customer’s account.
Use of equipment and bottles
Company will install the Equipment, at Customer's address provided by Customer to Company. If Customer's negligence, abuse or misuse causes damage requiring repair or replacement, Customer will pay Company all such costs on demand. The Equipment and multi-gallon bottles ("Bottles") are, and will at all times be, Company's sole and exclusive property, and Customer will have no right, title or interest except as provided in this Agreement. Customer can purchase the Equipment only if Customer and Company agree. Customer will use the Equipment and all Bottles only for Company's Products and will not reuse or refill Bottles for any purpose whatsoever. Customer will at all times operate and maintain the Equipment and Bottles in a safe, sanitary and proper manner in accordance with Company's instructions and clean and maintain the Equipment periodically and at least once every three months. Customer (i) will not remove the Equipment from Customer's location without Company's prior written consent, (ii) will not alter the Equipment in any manner, (iii) will permit only Company to repair the Equipment, (iv) will notify Company immediately if the Equipment or any Bottles are stolen, lost, damaged or destroyed, and (v) will keep the Equipment and Bottles free and clear of, and promptly notify the Company of, any levies, liens and encumbrances. Company may enter Customer's premises at reasonable times to inspect and repair the Equipment and to deliver or pick up Bottles.back to top
The Initial Term of this Agreement will start on the earlier of: the date that the Equipment, if any, is installed by Company; for Customers who purchase Products only, on the first date that such Products are delivered to Customer; the date when Customer authorizes payment for Products, and will continue for the period set forth on the order form; or, for Customers who purchase a membership plan or a bundle plan, the date when Customer authorizes payment for such membership or bundle plan, as the case may be. Notwithstanding the foregoing, Customer acknowledges and agrees that Company may terminate this Agreement at any time, for any reason, and without liability to Customer. In addition, Company may terminate this Agreement and/or cease to fill any open order from Customer in the event that (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. Upon expiration of the applicable Term, this Agreement will continue in effect on a month to month basis, or for such period as specified in additional terms, until terminated by either Company or Customer on 30 days' notice. Notwithstanding the foregoing, the Initial Term for AccuPure Customers is one year from the date of installation and the Initial Term for Customers who purchase a membership or bundle plan, as the case may be, is one (1) year. A Customer who terminates this Agreement before the end of the Initial Term may be subject to a one time early termination charge to compensate Company for, as applicable, the value of equipment and/or free Products or services provided to Customer and administrative, installation, labor and other costs of Customer's account, as follows: (a) Delivery Customers: up to $25; and (b) AccuPure Customers: up to $150; ALL CUSTOMERS: Upon expiration or termination of this Agreement, Customer will permit Company to retrieve the Equipment and/or Bottles, which will be in the same condition as received by Customer, reasonable wear and tear excepted. If Customer fails to return any Equipment or Bottles, Customer will pay Company the full replacement value.back to top
(a) DELIVERY CUSTOMERS: Equipment rental fees and prices for bottled water and other beverages and related products will not be increased during the first two months or during the Initial Term of this Agreement, whichever is shorter. Any price increase during the balance of the Initial Term will not exceed Company's then current regular non-introductory prices. (b) ACCUPURE CUSTOMERS: Leased AccuPure Equipment rental fees will not be increased during the first six months of the Initial Term of this Agreement. Any rental fee increase during the balance of the Initial Term will not exceed $5 per month. (c) ALL CUSTOMERS: Prices for Products and rental fees are subject to change. Prices of commodities such as coffee, cocoa, sugar, paper and related products will be reviewed on a regular basis and are subject to increase at any time.back to top
Charges; surcharges, fees, deposits and refunds
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 acknowledges and agrees that, promptly after the delivery of any Products and Equipment, Company may invoice customer for all delivered Products and Equipment as well as any applicable surcharges, taxes and fees. Company may change its administrative, surcharges or other charges or deposit fees at any time with prior notice to Customer. If Customer does not pay any charge within thirty (30) days of the invoice date, Customer will pay Company a late fee not to exceed $20 per month. If the late fee exceeds the maximum rate allowed by applicable law, the late charge will be equal to such maximum rate. Customer will make all payments due without set-off, counterclaim or defense. Payment of invoice by Customer is an acknowledgment of acceptance and delivery. At Company's sole discretion, applicable refunds, if any, may be credited back to the credit card used for payment. Company accepts all major credit and debit cards, including Visa, Mastercard, American Express and Discover. Payment may also be made by business or personal checking accounts. There are certain payment methods that the Company does not accept including credit and debt cards issued by non-U.S. banks, pre-paid cards and payments via Venmo, PayPal and other similar online money transfer applications. If you provide your credit card information, you agree that any card or account number and any related billing and payment information that you provide may be shared by Company with other companies, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Company and servicing your account. Company may seek pre-authorization of your credit card or other charge account prior to any purchase hereunder to verify the credit card or charge account is valid and/or has the necessary funds or credit to cover your purchase. By providing your credit card or charge account information, you authorize Company to automatically charge such card or account (and authorise the card issuer or account holder to pay) for fees owed hereunder, including any fees you may be charged from time to time during the service term.
For recurring Deliveries with automatic payment, Customer must provide Company with an authorized payment method. Unless Customer notifies Company before a recurring charge that Customer wants to cancel service, Company will charge Customer’s authorized payment method per the billing period described when Customer authorized automatic payment. Customer can update the payment method by visiting the ReadyRefresh website. If Customer's payment method expires or Company is unable to charge Customer's payment method, and Customer does not update or change the payment method, then, in addition to all other rights of Company as set forth in these Terms, Company may cease all deliveries until such time as Customer updates the payment method. Customer shall remain responsible for any uncollected amounts.back to top
Risk of loss
Customer assumes risk of loss or damage to the Equipment and Bottles in Customer's possession and is responsible for all liability resulting from their use and operation. Customer will pay Company upon demand costs to repair or replace any lost, stolen, damaged or destroyed Equipment and/or Bottles, as determined by Company. Customer will, to the full extent permitted by law, indemnify, defend and hold harmless Company, its parent, affiliates, officers, directors, employees and agents from any loss, damage, liability, cost, fine or expense, including without limitation, reasonable attorneys' fees, incurred in connection with this Agreement. This provision will survive termination or expiration of this Agreement.back to top
Default by customer; company's remedies
Customer will be in default if Customer: (a) fails to pay any amount when due; (b) fails to perform or violates any other term or condition and fails to cure the same within ten (10) days after the occurrence; or (c) abandons or abuses the Equipment or any Bottles. 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. Customer waives any requirement that Company post a bond or other undertaking in a repossession proceeding. Customer will pay or reimburse all of Company's costs, including reasonable collection and/or attorneys' fees, as a result of Customer's default or the exercise of Company's remedies.back to top
Hydration Hero and Hydration Superhero Membership Plans
Your purchase of a Hydration Hero or Hydration Superhero membership plan is governed by the terms, conditions and provisions presented herein as well as on ReadyRefresh.com, all of which (as changed over time) are incorporated into these Terms. If you sign up for a membership, you accept these Terms.
- Membership Cancellation: You may cancel your membership at any time by calling 1-800-274-5282 or by submitting a request via the Contact Us form on ReadyRefresh.com. If you cancel your membership within three (3) business days of signing up, Company will refund your full membership fee; provided that Company may charge you (or withhold from your refund) the value of any membership benefits used by you and your account during said three (3) day period. IF YOU CANCEL AT ANY OTHER TIME, YOUR MEMBERSHIP FEE WILL NOT BE REFUNDED.
- Benefits and Eligibility: The benefits of your membership may depend on inventory availability, order deadlines and, in some cases, shipping and delivery addresses. Some product, order, handling fees, delivery fees and/or taxes and other payments and fees may still apply to eligible purchases. If you purchased a Hydration Superhero membership, for each year you are a member, you will receive a coupon that can be redeemed for one free professional dispenser cleaning service during such year
- Other Limitations: Company reserves the right to accept or refuse membership, in its sole discretion. Company may send you email and other communications related to your membership. You may not transfer or assign your membership or benefits. You are not permitted to purchase products for the purpose of resale, rental or sending to other customers. Some membership benefits may require certain purchase thresholds, have quantity or delivery address limitations or require you to meet specified criteria in order to access them. From time to time, Company may choose, in its sole discretion, to add or remove membership benefits.
- Fees and Payment: The membership fees are stated on ReadyRefresh.com. IN THE EVENT YOU EXHAUST THE NUMBER OF FREE DELIVERIES PROVIDED TO YOU UNDER YOUR APPLICABLE MEMBERSHIP PLAN, YOU WILL BE CHARGED THE COMPANY’S THEN-CURRENT DELIVERY FEE ON ALL SUBSEQUENT DELIVERIES. FURTHERMORE, IF YOU SELECT TO RECEIVE DELIVERIES ON CERTAIN DATES, YOU MAY BE SUBJECT TO AN ADDITIONAL CHARGE OF UP TO $20 PER DELIVERY. From time to time, Company may offer different membership terms, and the fees for such membership may vary. The membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on either or both of the membership fee and the reduced delivery charges for your membership. If all eligible payment methods Company have on file for you are declined for payment of your membership fee, you must provide Company a new eligible payment method promptly or your membership will be canceled and you will not be given a refund. If you provide Company with a new eligible payment method and are successfully charged, your membership period will be based on the original purchase date of your membership and not the date of the successful charge.
- Term and Termination: Except as otherwise provided herein, your term of membership shall be one (1) year. UNLESS YOU NOTIFY COMPANY BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR REFRESH+ HYDRATION (HERO/SUPERHERO) MEMBERSHIP WILL AUTOMATICALLY RENEW AND CONTINUE (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) AND YOU AUTHORIZE COMPANY TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES. YOU ALSO AUTHORIZE COMPANY TO CHARGE ANY ELIGIBLE PAYMENT METHOD COMPANY HAS ON RECORD FOR YOU. Company may terminate your membership at its discretion without notice. If Company does terminate your membership, Company will give you a prorated refund based on the number of full months remaining in your membership. However, Company will not give any refund for termination related to conduct that Company determines, in its sole discretion, violates these Terms or applicable law or involves fraud or misuse of your membership or is harmful to the interests of Company or another customer. Company’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of Company’s rights.
- Terms and Condition Changes: Company may at its discretion change these Hydration Hero and Hydration Superhero membership terms or benefits or any aspect of the Hydration Hero and Hydration Superhero membership that is not material, with or without notice or liability to you. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED ENROLLMENT AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
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Your purchase of a bundle plan is governed by the terms, conditions and provisions presented herein as well as on ReadyRefresh.com, all of which (as changed over time) are incorporated into these Terms. If you purchase a bundle plan, you accept these Terms.
- Early Termination: You may terminate your bundle plan early at any time by calling us 1-800-274-5282 or by submitting a request via the Contact Us form on ReadyRefresh.com. IF YOU CANCEL YOUR BUNDLE PLAN AT ANY TIME, YOU WILL BE CHARGED A ONE-TIME BREAKAGE FEE OF AN AMOUNT UP TO $25 AND YOU AUTHORIZE COMPANY (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE BREAKAGE FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD COMPANY HAS ON RECORD FOR YOU.
- Benefits and Eligibility: The benefits of your bundle plan may depend on inventory availability, order deadlines and, in some cases, shipping and delivery addresses. Certain product, order, handling fees, delivery fees and/or taxes and other payments and fees may still apply to eligible purchases.
- Other Limitations: Company reserves the right to accept or refuse your purchase of a bundle plan, in its sole discretion. Company may send you email and other communications related to your bundle plan. You may not transfer or assign your plan or its benefits. You are not permitted to purchase products for the purpose of resale, rental or to send to other customers. The purchase of a bundle plan will require certain purchase thresholds, have quantity and delivery address limitations and require you to meet specified criteria in order to access them. From time to time, Company may choose, in its sole discretion, to add or remove benefits from a bundle plan.
- Fees and Payment: By purchasing a bundle plan, you agree to purchase a minimum of ten (10) orders per year. The fees for the bundle plan are stated on ReadyRefresh.com. From time to time, Company may offer different bundle plan terms, and the fees for such plan may vary. Amounts paid in respect of your bundle plan are non-refundable except as expressly set forth in these Terms. Taxes may apply on the reduced charges for products and services (including delivery) in connection with your plan. If all eligible payment methods Company have on file for you are declined for payment of your bundle plan, you must provide Company a new eligible payment method promptly or your plan will be canceled and you will be charged the above described breakage fee. If you provide Company with a new eligible payment method and are successfully charged, your plan period will be based on the original plan purchase date and not the date of the successful charge.
- Term and Termination: Except as otherwise provided herein, the term of your bundle plan shall be one (1) year. UNLESS YOU NOTIFY COMPANY BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND 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 ANY RELATED TAXES AND FEES. YOU ALSO AUTHORIZE COMPANY TO CHARGE ANY ELIGIBLE PAYMENT METHOD COMPANY HAS ON RECORD FOR YOU. Company may terminate your bundle plan at its discretion without notice. If Company does terminate your bundle plan, Company may give you a prorated refund based on the number of full months remaining on your plan. However, Company will not give any refund for termination related to conduct that Company determines, in its sole discretion, violates these Terms or applicable law or involves fraud or misuse of your bundle plan or is harmful to the interests of Company or another customer. Company’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of Company’s rights.
- Terms and Condition Changes: Company may at its discretion change these Bundle Plan terms or benefits or any aspect of the Bundle Plan that is not material, with or without notice or liability to you. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED ENROLLMENT AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR BUNDLE PLAN.
You agree and consent that we, affiliates, and our vendors or service providers may contact you by telephone or text message – at any phone number that you provide or that we may obtain for you – for any non-marketing or informational purpose. You also agree and consent that these calls and texts may include (but are not limited to) calls about your account, delivery, and payment, and that we may use an autodialer or prerecorded or artificial voice for such calls and texts. You agree to notify us promptly if your phone number or numbers change in the future.
Mobile phone delivery service
Compatible carriers include: 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 (WCC), Cellcom, Cellsouth, Cricket, Cincinnati Bell and Virgin Mobile.
T-Mobile® is not liable for delayed or undelivered messages.
To discontinue receiving text messages from ReadyRefresh, text STOP to 71091.
For additional help, text HELP to 71091 or contact us at 1-800-274-5282 or CustomerService@ReadyRefresh.com. Message & Data Rates May Apply.back to top
Electronic billing and notifications
Customer agrees that Company may provide Customer with information regarding this Agreement by posting the information in Customer's account on the ReadyRefresh website and that doing so satisfies any obligation Company may have to provide the information in writing. Customer may have the right to withdraw consent and, when required by law, Company will provide Customer with paper copies upon request. To receive, access, and retain the notices, Customer must have Internet access and a computer or device with a compatible browser; software capable of viewing PDF files; and the ability to print or download and store PDF files. Customer confirms that Customer is able to receive, access, and retain information on the website. Customer may withdraw consent or update contact information by calling ReadyRefresh.back to top
Disclaimer of Warranty
COMPANY DOES NOT MANUFACTURE THE EQUIPMENT PROVIDED TO CUSTOMER, IF ANY, AND, NOTWITHSTANDING ANYTHING TO THE CONTRARY, HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS SUITABILITY OR FITNESS FOR ANY PURPOSE OR MERCHANTABILITY. CUSTOMER ACCEPTS THE EQUIPMENT "AS IS." NO DEFECT IN OR UNFITNESS OF THE EQUIPMENT, NO LOSS OR DAMAGE AND NO OTHER CONDITION WHATSOEVER WILL RELIEVE OR SUSPEND CUSTOMER'S OBLIGATIONS, WHICH ARE ABSOLUTE AND UNCONDITIONAL. TO THE FULL EXTENT PERMITTED BY LAW, COMPANY WILL INCUR NO LIABILITY WHATSOEVER TO CUSTOMER ARISING OUT OF OR IN CONNECTION WITH ANY DEFECT IN OR CONDITION OF THE EQUIPMENT OR ITS USE, OPERATION OR FUNCTION.
Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to Customer.back to top
TO THE FULLEST EXTENT PERMITTED 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, TERMINATION, ENFORCEMENT, INTERPRETATION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF ANY OF THE FOREGOING) (EACH, A "DISPUTE") FOR RESOLUTION BY CONFIDENTIAL, INDIVIDUAL, BINDING ARBITRATION, EXCEPT THAT CUSTOMER MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF CUSTOMER’S CLAIMS QUALIFY.
THE PARTIES AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT TO ARBITRATE, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL ALSO BE RESPONSIBLE FOR DETERMINING ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATING TO WHETHER THE TERMS ARE UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION, INCLUDING WAIVER, DELAY, LACHES OR ESTOPPEL.
TO THE FULLEST EXTENT PERMITTED BY LAW: (I) CUSTOMER EXPRESSLY WAIVES ANY RIGHT CUSTOMER MAY HAVE TO ARBITRATE A DISPUTE AS A CLASS ACTION; AND (II) CUSTOMER ALSO EXPRESSLY WAIVES CUSTOMER’S RIGHT TO A JURY TRIAL.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT WOULD.
THE ARBITRATION WILL BE HELD IN CONNECTICUT. IF CUSTOMER INFORMS COMPANY THAT THIS LOCATION IS NOT CONVENIENT FOR CUSTOMER, COMPANY WILL WORK WITH CUSTOMER TO DETERMINE A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.
DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. IN THE EVENT THAT 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 JURISDICTION LOCATED IN CONNECTICUT. THE PARTIES WAIVE ANY PLEA OR DEFENSE THAT SUCH COURTS ARE NOT THE APPROPRIATE VENUE OR THAT THEY ARE NOT SUBJECT TO PERSONAL JURISDICTION OF SUCH COURTS.
THE ARBITRATION WILL BE ADMINISTERED BY JAMS. CUSTOMER MAY OBTAIN A COPY OF THE RULES OF JAMS BY CONTACTING THE ORGANIZATION. EACH PARTY SHALL AGREE ON ONE ARBITRATOR TO CONDUCT THE ARBITRATION. IN THE EVENT THE PARTIES CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR WILL BE SELECTED IN ACCORDANCE WITH THE JAMS RULES.
IF CUSTOMER INITIATES ARBITRATION, CUSTOMER'S ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH BY JAMS. REGARDLESS OF WHO INITIATES ARBITRATION, COMPANY WILL PAY CUSTOMER’S SHARE OF ARBITRATION FEES (NOT INCLUDING ATTORNEYS’ FEES) UP TO A MAXIMUM OF $2,500. IF THE ARBITRATOR RULES AGAINST COMPANY, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, COMPANY WILL REIMBURSE CUSTOMER’S REASONABLE ATTORNEYS’ FEES AND COSTS UP TO A MAXIMUM OF $5,000, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF CUSTOMER’S CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH. IN ADDITION, IF THE ARBITRATOR RULES IN COMPANY’S FAVOR, IT WILL NOT SEEK REIMBURSEMENT OF ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF CUSTOMER’S CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, TO THE EXTENT EITHER PARTY IN ANY MANNER HAS VIOLATED OR THREATENED TO VIOLATE THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, THE NON-BREACHING PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE, PROVINCIAL OR FEDERAL COURT OF COMPETENT JURISDICTION.
EXCEPT AS OTHERWISE PROHIBITED BY LAW, ANY DISPUTE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ARISES.
IN THE EVENT THAT ANY PROVISION OF THE AGREEMENT TO ARBITRATE IS HELD INVALID OR UNENFORCEABLE, ALL OTHER TERMS WITHIN THE AGREEMENT TO ARBITRATE SHALL REMAIN IN FULL FORCE AND EFFECT.back to top
Limitation of 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 THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) 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 jurisdictions, such as New Jersey, do not allow limitations on damages. In the event the applicable jurisdiction does not allow the limitation on liability to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law.back to top