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TrueMods.com Website Terms of Sale
Last Updated: August 01, 2022
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH S2B INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.TrueMods.com and its subdomains (collectively, the “Site”). These Terms are subject to change by S2B Inc. dba True Mods (referred to as the “Company,” “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product that is available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Terms of Use that apply generally to the use of our Site, and are incorporated by reference therein. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 8).
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email.
HOWEVER, IF AN ITEM BECOMES UNAVAILABLE FOR ANY REASON AFTER AN ORDER IS ACCEPTED, THE COMPANY MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, THE COMPANY WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE, IN THE COMPANY’S SOLE DISCRETION.
You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at 1-855-533-6654 (for US customers) or 1-909-212-0993 (for international customers) or e-mail us at [email protected].
3. Prices and Payment Terms.
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(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling unless otherwise specified. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
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(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, Discover, American Express, and PayPal for all purchases. We may accept check and/or money order as payment for purchases, in our sole discretion, if you contact us prior to placing an order to arrange it at [email protected]. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. Shipments; Delivery; Title and Risk of Loss.
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(a) We will arrange for shipment of the products to you. Please check the checkout page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
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(b) Provided that you choose to elect the shipping provider that we offer at the time of your purchase, title and risk of loss pass to you upon delivery to the delivery address you specified in your order. However, if you explicitly contact us to arrange for your different courier of choice to pick up your order from our warehouse, title and risk of loss pass to you upon our transfer of products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns, Refunds and Exchanges. Except for any products designated on the Site as non-returnable, in our sole discretion, we will either accept a return of products for a refund of your purchase price, less the original shipping and handling costs, or we will exchange the product for a product of equal or lesser value, provided such return/exchange is made within ninety (90) days of shipment with valid proof of purchase and provided such products are returned/exchanged in their original condition. To return/exchange products, you must call 1-855-533-6654 (for US customers) or 1-909-212-0993 (for international customers) or email our Returns Department at [email protected] to obtain a Return Merchandise Authorization (“RMA”) before shipping your product. No returns/exchanges of any type will be accepted without an RMA.
Unless otherwise stated by us at the time your return is initiated, you are responsible for all shipping and handling charges on returned/exchanged items. You bear the risk of loss during shipment. If you are responsible for shipping and handling on returned/exchanged items and/or you choose a carrier other than the carrier that we designate for a return/exchange, we strongly recommend that you fully insure your return/exchange shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds and exchanges are processed within approximately three (3) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
Once your return for exchange is received and inspected, the items to be exchanged will be shipped out within the next business day if no balance is owed. Any refunds due will be processed and a credit will be applied to the same payment method used to make the original purchase on the Site.
6. WARRANTIES. THESE TERMS OF SALE COVER THE SALE OF GOODS TO INDIVIDUAL CONSUMERS AND TO BUSINESSES, FOR BOTH PRODUCTS MANUFACTURED BY THE COMPANY AND PRODUCTS MANUFACTURED BY OTHER SELLERS. IF YOU ARE AN INDIVIDUAL CONSUMER, THE LIMITED WARRANTY PROVIDED BELOW UNDER SECTION 6.1 SHALL APPLY FOR PRODUCTS THAT YOU PURCHASE THAT ARE MANUFACTURED BY THE COMPANY (SECTION 6.1(J) ADDRESSES PRODUCTS SOLD ON THE SITE THAT ARE MANUFACTURED BY THIRD PARTIES.) IF YOU ARE A BUSINESS PURCHASER, THE LIMITED WARRANTY PROVIDED BELOW UNDER SECTION 6.2 SHALL APPLY FOR PRODUCTS THAT YOU PURCHASE THAT ARE MANUFACTURED BY THE COMPANY (SECTION 6.2(C) ADDRESSES PRODUCTS SOLD ON THE SITE THAT ARE MANUFACTURED BY THIRD PARTIES.) IN EITHER CASE, READ THE WARRANTY TERMS CAREFULLY CONCERNING PRODUCTS MANUFACTURED BY THE COMPANY AND FOR PRODUCTS MANUFACTURED BY THIRD PARTIES.
6.1 LIMITED WARRANTY – INDIVIDUAL CUSTOMERS.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY MAY ALSO BE FOUND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS OR ON THE PRODUCT LISTING.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS MANUFACTURED BY US AND PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY FOR ALL PRODUCTS MANUFACTURED BY THE COMPANY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS MANUFACTURED BY US IS LIMITED TO REPAIR, REPLACE, OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
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(a) Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products that are manufactured by us from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
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(b) What Does This Warranty Cover?
This limited warranty covers, during the Warranty Period (as defined below), defects in materials and workmanship in products purchased from the Site that are manufactured by us (for information about warranties for products that are not manufactured by us, but rather by third parties, please see Subsection 6.1 (i) below).
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(c) What Does This Warranty Not Cover?
This limited warranty does not cover any damages to products with a defaced or missing serial number. This limited warranty also does not cover any damages due to:
- (i) transportation;
- (ii) storage;
- (iii) improper use;
- (iv) failure to follow the product instructions or to perform any preventive maintenance;
- (v) modifications;
- (vi) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by the Company;
- (vii) unauthorized repair;
- (viii) normal wear and tear; or
- (ix) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
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(d) What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for the period of time identified on the applicable product page on the Site (for the purposes of this Section 6.1, the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
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(e) What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services.
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(f) How Do You Obtain Warranty Service?
To obtain warranty service, you must call 1-855-533-6654 (for US customers) or 1-909-212-0993 (for international customers) or email our Customer Service Department at [email protected] during the Warranty Period to obtain an RMA number. You must provide your order number and a detailed description of the problem with the product. No warranty service will be provided without an RMA number. We may first try to troubleshoot the problem with you in order to make sure that the product is in fact defective.
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(g) Limitation of Liability.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY WITH RESPECT TO ANY PRODUCTS SOLD THROUGH OUR SITE. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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(h) What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
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(i) What about products that are not manufactured by us?
Products manufactured by a third party (“Third Party Products”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the products. The availability of Third Party Products through our Site does not indicate an affiliation with or endorsement of any product or manufacturer. Accordingly, Third Party Products are not covered by the warranty in this Section 6.1. For the avoidance of doubt, ALL THIRD PARTY PRODUCTS ARE PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. To obtain warranty service for defective Third Party Products, please follow the instructions included in the third party manufacturer's warranty.
SOME STATES LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE THIRD PARTY MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
6.2 LIMITED WARRANTY – BUSINESS CUSTOMERS.
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(a) We warrant to you that for the period of time identified on the applicable product page on the Site, beginning from the date of shipment (for the purposes of this Section 6.2, the “Warranty Period”), the products purchased through the Site will materially conform to our published specifications in effect as of the date of shipment and be free from material defects in material and workmanship.
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(b) EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION 6(a), WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
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Products manufactured by a third party (“Third Party Products”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the products. The availability of Third Party Products through our Site does not indicate an affiliation with or endorsement of any product or manufacturer. Accordingly, Third Party Products are not covered by the warranty in this Section 6.1. For the avoidance of doubt, ALL THIRD PARTY PRODUCTS ARE PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. To obtain warranty service for defective Third Party Products, please follow the instructions included in the third party manufacturer’s warranty.
SOME STATES LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE THIRD PARTY MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
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(d) We shall not be liable for a breach of the warranty set forth in Section 6(a) unless: (i) you give written notice of the defective products or services, as the case may be, reasonably described, to us within ten (10) days of the time when you discover or ought to have discovered the defect; (ii) if applicable, we are given a reasonable opportunity after receiving the notice of breach of the warranty set forth in Section 6(a) to examine such products and you (if we so request) return such products to our place of business at your cost for the examination to take place there; and (iii) we reasonably verify your claim that the products or services are defective.
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(e) We shall not be liable for a breach of the warranty set forth in Section 6(a) if: (i) you make any further use of such products after you give such notice; (ii) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the products; or (iii) you alter or repair such products without our prior written consent.
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(f) Subject to Section 6(d) and Section 6(e) above, with respect to any such products during the Warranty Period, we shall, in our sole discretion, either: (i) repair or replace such products (or the defective part) or (ii) credit or refund the amounts paid by you for such products provided that, if we so request, you shall, at your expense, return such products to us.
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(g) THE REMEDIES SET FORTH IN SECTION 6(f) SHALL BE THE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 6(a).
7. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
8. Privacy. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
9. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Governing Law and Jurisdiction. All matters relating to the Site and these Terms of Sale, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, the Site and these Terms of Sale shall be instituted exclusively in the courts of the United States or the courts of the State of California, in each case having jurisdiction over the City of Rancho Cucamonga and County of San Bernardino, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Sale in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
11. Dispute Resolution and Binding Arbitration.
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(a) YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
(a) ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
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(b) The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 11. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
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(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
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(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
12. Assignment. You agree not to assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
14. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
15. Notices.
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(a). To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
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(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to [email protected]; or (ii) by personal delivery, overnight courier or registered or certified mail to S2B Inc., 9866 7th Street, Unit 110, Rancho Cucamonga, CA 91730. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
16. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. Entire Agreement. Our order confirmation, these Terms, our Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.