Terms and Conditions
Last Updated: June 7, 2016
PLEASE READ THESE USER TERMS CAREFULLY BEFORE USING OUR WEBSITE AND/OR SERVICE.
THE USER TERMS ARE INTENDED FOR ALL USERS OF THE CHILLHOUND SERVICE, INCLUDING THOSE WHO ARE SIMPLY NAVIGATING THE WEBSITE OR THOSE WHO REGISTER AN ACCOUNT. HOWEVER, DIFFERENT SECTIONS OF THE USER TERMS AFFECT USERS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS AND CONDITIONS CAREFULLY.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.
CHILLHOUND Service Overview
CHILLHOUND provides users of the Service, who may include Hosts and Invitees (each as defined below) and other registered users of the Service, among other things: to create and send invitations for an event; to receive invitations; and, for Host to request Invitees provide and for Invitees to provide monetary contributions, nonfinancial contributions, or services (collectively “Donations”) for the event. Users can access the CHILLHOUND Service through the use of the Chillhound.com website by you on your single mobile device (e.g. smart phone) or computer.
Registration for CHILLHOUND Service
Registration with the CHILLHOUND Service is subject to the following additional terms and conditions:
Eligibility: The CHILLHOUND Services is available only to, and may only be used by, individuals who are 18 years of age and older, and who can form legally binding contracts under applicable law. By registering with the CHILLHOUND Service, you represent and warrant that you are at least 18 years old and that all registration information you submit, including, without limitation, your first and last name, mobile telephone number, e-mail address, etc.), and credit card or financial account payment information is completely accurate and truthful. CHILLHOUND may, in our sole discretion, refuse to offer access to or use of the CHILLHOUND Service to party and change the eligibility criteria at any time. The foregoing is void where prohibited by law and the right to access the CHILLHOUND Service is revoked in such jurisdictions. If you reside in a jurisdiction that restricts the use of the CHILLHOUND Service because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the CHILLHOUND Service. By registering, you represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the CHILLHOUND Service.
Security of Registration Information: You are solely responsible for maintaining the security and correctness of your registration information. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify CHILLHOUND of any unauthorized use of your password or any breach of security. You also agree that CHILLHOUND shall not be liable for any loss or damage arising from your failure to keep your password secure.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our policies as stated in these Terms and Conditions as well as all other operating rules, policies and procedures that may be published from time to time on this web page by CHILLHOUND, each of which is incorporated herein by reference and each of which may be updated by CHILLHOUND from time to time without notice to you.
How to use the CHILLHOUND Service
The CHILLHOUND Service offers you a platform, among other things, to organize an event, to receive and accept an invitation to an event, to contribute Donations to an event, and to share information via internet links to third party websites.
A User can either create an event as an organizer (“Host”), or become invited to join an event (“Invitee”). When an event is created, a Host asks Invitees via email or social networks to join the event. The Host can also request that Invitees provide Donations to the event, allow Invitees to leave comments for the Host or other Invitees, or allow Invitees to view event details. Once an event has been created, the Invitees will receive email invitations or messages via social networks to join the event with a link to the event dashboard (“dashboard”) where Invitees can commit to join the event, make Donations, and leave messages for the Host or other Invitees.
Your Use the CHILLHOUNDChillhound Service
By using the CHILLHOUND Service, you agree to the following restrictions on your use of the CHILLHOUND Service:
CHILLHOUND reserves the right to immediately terminate the CHILLHOUND Service should you not comply with any of the foregoing.
Use of the CHILLHOUND Service is free of charge for users. CHILLHOUND reserves the right to introduce certain fees in the future. However, CHILLHOUND shall provide you with written notice and CHILLHOUND either amend or terminate the agreement formed pursuant to previously existing User Terms.
By clicking on the “DONATE” button, you affirmatively mark your acceptance and intent to make a Donation to the event. You also accept and confirm that you wish Chillhound to authorize and capture the total amount entered on the payment information page to the credit card provided by you. You are responsible for all use and any purchases made with your account, whether or not you have authorized this use.
CHILLHOUND’s Right to Cancel
CHILLHOUND reserves the right to cancel your Donation, for any reason, without limitation.
Cancellation of Individual Donation
Committed Invitees can withdraw their commitment by logging in and going to the dashboard at any time before the Host closes the event. After the event is closed, all of the committed Invitees providing monetary contributions will be charged. Please contact Customer Support at email@example.com if you need assistance.
Pending authorizations may remain on your credit card for a period of time even after the monetary contribution is voided or cancelled, or even if you modify or cancel your transaction, as determined by your individual credit card provider.
You expressly understand and agree that CHILLHOUND shall not be liable for any payments or monetary transactions that occur through your use of the Website or Service. You also agree that CHILLHOUND shall not be liable for any issues regarding any monetary transactions between you and any other party, including Stripe.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. CHILLHOUND is not liable for loss or damage from errant or invalid transactions processed with your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
You understand that CHILLHOUND uses the Stripe API to run payments for the Website and Service that the Stripe API is subject to change at any time and such changes may adversely effect the Website and/or Service. You understand and agree to not hold CHILLHOUND liable for any adverse effects to your Stripe account and/or your CHILLHOUND account as result of any actions or inactions on the part of Stripe.
You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or your CHILLHOUND account.
No Agent or Broker Relationship
CHILLHOUND Services are only administrative. While CHILLHOUND facilitates the transaction between Users, Hosts, and Invitees, CHILLHOUND is not directly involved in or otherwise a party to any transactions that may take place between Hosts and Invitees. CHILLHOUND is not broker, agent, financial institution, creditor, insurer for any User. CHILLHOUND has no control over the conduct of, or any information provided by the Host or an Invitee, and CHILLHOUND hereby disclaims all liability in this regard.
CHILLHOUND does not and cannot verify the information that the Host provides, nor do we guarantee that any of the Donations will be used in accordance with the description of the event and/or description of the Donation. CHILLHOUND assumes no responsibility to verify whether the Donations are used in accordance with any applicable laws. While CHILLHOUND assumes no obligation to verify that the use of the Donations complies with any applicable laws or these Terms and Conditions, we take possible fraudulent activity or misuse of contributed monetary funds seriously. If you have reason to believe that contributed funds are not being used for the stated purpose, please [send an email with “Report” in the subject line to firstname.lastname@example.org to alert our team of this potential issue.]
By using the CHILLHOUND Service, you agree that you shall defend, indemnify and hold CHILLHOUND, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the CHILLHOUND Service.
BY USING THE CHILLHOUND SERVICE OR ANY PORTION THEREOF, YOU AGREE THAT CHILLHOUND AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THE CHILLHOUND SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE CHILLHOUND SERVICE (OR ANY SERVICES OFFERED THROUGH OR FEATURES OF THE CHILLHOUND SERVICE), (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE CHILLHOUNDE SERVICE, (c) YOUR FAILURE TO PROVIDE CHILLHOUND WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE CHILLHOUND SERVICE, (f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (g) HYPERLINKS TO WEBSITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN CHILLHOUND. THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Any information, recommendations and/or services provided to you on or through the CHILLHOUND Service is for general informational purposes only and does not constitute advice. CHILLHOUND does not guarantee continuous, uninterrupted access to the CHILLHOUND Service. Although CHILLHOUND attempts to maintain the integrity and accuracy of the information accessible through the CHILLHOUND Service, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the CHILLHOUND Service may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the CHILLHOUND Service by other users or third parties without CHILLHOUND’s knowledge. CHILLHOUND cannot and does not guarantee that (the contents of) the CHILLHOUND Services (including the CHILLHOUND.com website) are free of errors, defects, malware and viruses.
CHILLHOUND AND ITS AFFILIATES PROVIDE THE CHILLHOUND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CHILLHOUND SERVICE IS AT YOUR SOLE RISK AND THAT CHILLHOUND AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE CHILLHOUND SERVICE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE CHILLHOUND SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE CHILLHOUND SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE SITE WILL BE CORRECTED. CHILLHOUND AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CHILLHOUND OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Third Party Interactions
Termination of the Agreement
The agreement between CHILLHOUND and you embodied by these User Terms may be terminated at any time.
If you wish to close your account, please send an email to email@example.com with “Account Termination Request” in the subject line. The request must be received from the same email that we have registered for your account and should specify the account email and the full name of the account holder. If there are any pending donations, they will be voided in order to close the account.
CHILLHOUND is entitled to terminate the Agreement at any time and with immediate effect (by disabling your use of the CHILLHOUND Service). CHILLHOUND is not obliged to give notice of the termination of the Agreement in advance. After termination CHILLHOUND will give notice thereof if required by these User Terms.
Invalidity of one or more provisions
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
Modification of the CHILLHOUND Service and User Terms
CHILLHOUND reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the CHILLHOUND Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the website or by sending you notice through the CHILLHOUND Service or via email. CHILLHOUND may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
CHILLHOUND may give notice by means of a general notice on the CHILLHOUND Service or by electronic mail to your email address on record in CHILLHOUND’s account information, or by written communication sent by regular mail to your address on record in CHILLHOUND’s account information.
You agree that CHILLHOUND may send you email notifications from time to time as may pertain to your account in addition to information and notifications from the teams to which you have been invited or have joined. If we send you an email notification, that email will be considered to have been received by you within 24 hours from the time we email it to you.
License Grant, Restrictions and Copyright Policy
For the purpose of this User Term, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“CHILLHOUND Content” means Content owned or used by CHILLHOUND, its affiliates or licensors and made available through the CHILLHOUND Service (including the CHILLHOUND.com website), including any Content licensed from a third party, but excluding User Content.
“User Content” means Content that a CHILLHOUND User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service.
“Collective Content” means, collectively, CHILLHOUND Content and User Content.
Subject to your compliance with these User Terms, CHILLHOUND grants you a limited, non-exclusive, non-transferable license:
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the CHILLHOUND Service or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of CHILLHOUND. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CHILLHOUND or its licensors, except for the licenses and rights expressly granted in these User Terms.
License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the CHILLHOUND Service. User Content will be deemed non-confidential and non-proprietary. Accordingly, CHILLHOUND shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (“License Grant”).
You acknowledge that CHILLHOUND only acts as a platform for the display and distribution of any User Content and is not responsible or liable to you or to any third party for the content or accuracy of User Content. CHILLHOUND does not continuously monitor User Content published by you or moderate between users and CHILLHOUND is under no obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of CHILLHOUND.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and hold harmless CHILLHOUND, its affiliates and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by CHILLHOUND or its affiliated companies related to any User Content posted or transmitted by you or your other use of the CHILLHOUND Service.
CHILLHOUND reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which CHILLHOUND believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to CHILLHOUND.
You agree to promptly notify CHILLHOUND in writing of any User Content which breaches these User Terms. You agree to provide to CHILLHOUND sufficient information to enable CHILLHOUND to investigate whether such User Content breaches these User Terms. CHILLHOUND agrees to make good faith efforts to investigate such complaint and shall take such action as CHILLHOUND in its sole discretion decides. However, CHILLHOUND does not warrant or represent that it will block or remove (in whole or in part) such user Content.
Feedback; Idea Submissions
We are pleased to hear from you and welcome your feedback about the website and Service. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our website and Service at our sole discretion without any obligation to you.
In the event that you submit any ideas to us about the website or Service, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish and to incorporate into our Intellectual Property your idea.
CHILLHOUND respects copyright law and expects its users to do the same. It is CHILLHOUND’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders. All users of the CHILLHOUND Service represent and warrant they shall comply with all applicable copyright laws. In the event we receive proper notification of claimed copyright infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our site. If you believe any material via the CHILLHOUND Service (including its website) constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright infringement notification must be a written communication, transmitted by e-mail or regular mail, setting forth the following:
Intellectual Property Rights
CHILLHOUND (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the CHILLHOUND Service (including the CHILLHOUND.com website) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the CHILLHOUND Service.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the CHILLHOUND Service or any intellectual property rights owned by CHILLHOUND. CHILLHOUND’s name, logo, and the product names associated with the CHILLHOUND Service are trademarks of CHILLHOUND, its affiliated companies or third parties, and no right or license is granted to use them.
Assignment of Rights
You may not transfer, assign, sub-license, or pledge in any manner whatsoever any of your rights or obligations under these Terms. Chillhound may transfer, assign, sub-license, or pledge in any manner whatsoever any of its rights and obligations under these terms to any subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Resolution of Disputes – Mandatory Arbitration and Class Action Waiver
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with CHILLHOUND, any goods sold via the website, or use of this website. Please read this section carefully. Our Customer Service Department, which you can reach at [INSERT E-MAIL ADDRESS e.g. support@Chillhound.com] or [INSERT PHONE NUMBER], can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:
Attention: Notice of Dispute
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website, any goods offered or purchased from us, any transaction or relationship between us resulting from your use of the Website or purchase of any goods from us, communications between us, the purchase/order/use of goods from the Website, or this Agreement – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here [insert hyperlink – https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&]. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here [insert hyperlink: https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820]. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here [insert hyperlink: http://www.lacourt.org/division/smallclaims/smallclaims.aspx] However, if you initiate a Small Claims case, you are responsible for all your court costs.
Choice of Law and Forum Selection
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules.
Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Los Angeles County in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Notice for Users in California
This notice is for users of the Website residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
You may not assign these Terms & Conditions without the prior written approval of CHILLHOUND. Any purported assignment in violation of this section shall be void. CHILLHOUND reserves the right to use third party providers in the provision of the Website and Service. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms & Conditions, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by CHILLHOUND.
A company is nothing without its customers. We appreciate your business and thank you for using CHILLHOUND. If you have any questions about this Agreement or our site in general, please contact us at firstname.lastname@example.org, Notices or correspondence to CHILLHOUND may be sent to:
PO Box 91444
Los Angeles, CA 90009