Ethnic District Terms of Use

Terms And Conditions

Effective date: July 30, 2019

Thank you for visiting the Ethnic District website (this “website”). This website is owned and operated by Ethnic District, LLC 3470 McClure Bridge Road, #2185 Duluth, GA 30096 (“we,” “us,” or “the Company”).

Because of the nature of the Internet and our desire to provide you with an enjoyable and helpful visit, it is important to advise you of the rules that apply to your use of our website and ask that you read them carefully. This document (these “Terms and Conditions”) is a legally binding agreement between you (including the organization that you represent, if any) and the Company. When you visit or shop at this website you automatically agree to be bound by these Terms and Conditions.

If you have any questions you may contact us at 470-252-8088

1. Eligibility

This website may only be used by individuals and entities who can form legally binding contracts. No person under the age of 18 may use this website without the permission and supervision of a parent or legal guardian. Your use of this website will be deemed to be a representation that you are 18 years of age or older or using this website with the permission of your parent or legal guardian. By using this website on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of this website constitutes that third party’s acceptance of these Terms and Conditions. In addition, if you have been previously prohibited from accessing this website or the website of any of our affiliates, you are not permitted to access this website.

2. Account Security

(a) Account Creation. You may create your own account by completing the online registration process on this website. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. It is particularly important to keep the email address associated with your account current because, although you may be able to log into this website using an old email address, you will not be able to receive messages from us.

(b) Account Use. Following registration, we will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may have been used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of this website if we believe that your password is being used without your permission or otherwise in a manner that may disrupt this website.

3. Privacy

We value your privacy. You must read our Privacy Policy, which details our privacy policy and practices. In addition to these Terms and Conditions, the Privacy Policy also governs your visit to this website, and by using this website, you agree to be bound by the terms of our Privacy Policy.

4. Copyright and Trademarks

(a) Ownership. All content of this website, including, but not limited to, artwork, graphics, images, illustrations, photographs, text, video, audio clips, logos, and designs are the intellectual property of the Company, its affiliates, or third parties who have licensed the materials to us. All content is protected by copyright, trademark, trade dress, and other intellectual property laws of the United States and other countries. This website in its entirety including, without limitation, the design, layout, selection, coordination, and enhancement of the content, is protected by copyright and trade dress laws. All worldwide right, title, and interest is reserved.

(b) Permitted Use. This website and its contents are intended solely for your personal, non-commercial use in order to view and purchase Products (as defined below) and participate in the programs that we offer (the “Permitted Use”) and subject to these Terms and Conditions, you may use this website only for the Permitted Use. You may not access, use, download, copy, reproduce, publish, distribute, modify, or create derivative works from, sell, or exploit in any way the contents of this website, or any related software, or any part thereof for any other purpose whatsoever. You may download or electronically copy and print any page contents displayed on this website for the Permitted Use only and no rights to those materials are transferred to you by such copying. Software used on this website is the property of the Company or its licensors, and is protected by United States and international copyright laws.

(c) Marks. ETHNIC DISTRICT, LLC; ETHNIC DISTRICT (AND DESIGN); DISCOVER AND SHOP YOUR FAVORITE AFRICAN BRANDS; SHOP ETHNIC DELIVERED AUTHENTIC (among others) are trademarks of our affiliate, Ethnic District, LLC, and may not be used by you without our written permission.

5. Intellectual Property Infringement Complaints

We respect the intellectual property rights of others and expect our users to do the same. We may remove content that, in our sole discretion, appears to infringe the intellectual property rights of others or that is otherwise inappropriate for use on this website. In addition, we will terminate the accounts of users who infringe the intellectual property rights of others. If you believe your intellectual property rights are being infringed by material on this website, please notify the company’s Intellectual Property Agent, and provide the following information: (a) the physical or electronic signature of the rights owner or a person authorized to act on behalf of the owner; (b) identification of the right claimed to have been infringed; (c) identification of the material that is claimed to be infringing, and information reasonably sufficient to allow us to locate the material, including the URL where the allegedly infringing material appears; (d) your name, address, telephone number and email address; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

Please send your notice to the following contact information:

Ethnic District, LLC
Attn: Intellectual Property Agent
3470 McClure Bridge Road
#2185
Duluth, GA 30096
Phone: 470-252-8088
Email: [email protected]

 

6. Terms of Sale

The following terms apply to your purchase of the products offered on this website (“Products”)

(a) Purchasing Products. This website invites you to make us an offer to buy the Products shown on the pages. Your order is an offer to buy some of those goods, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.

(b) Product Descriptions. We attempt to describe Products, including their colors, as accurately as possible; however, the appearance of Products may vary as a result of the quality of your monitor and for other reasons. We also make no guarantees with respect to the accuracy, completeness, reliability, or currency of our Product descriptions.

(c) No Commercial Use. Products are sold for the personal and household use of our customers. Products are not designed or otherwise intended for use in commercial or other public establishments, such as restaurants, coffee shops, retail stores of any kind, or commercial services such as caterers. Accordingly and without limiting any other provision of these Terms and Conditions, we will not be liable in connection with any such use. We also reserve the right to prohibit sale of Products to users who we believe are using Products for commercial purposes or reselling them.

(d) Children’s Products. Our Products that are not toys are generally not for use by children. Products that are toys are age graded to help you decide what is appropriate for your family.

(e) Assembly Instructions. Certain Products require assembly. You must follow the assembly instructions carefully and use professional installers when necessary. All furniture Products must be inspected periodically to ensure that all screws, nuts, bolts, and other fasteners are properly maintained and secure.

(f) Availability and Pricing. Quantities of some Products may be limited and stock cannot always be guaranteed. When a Product is out of stock and cannot be replenished we will attempt to remove the Product from this website in a timely manner or send out a comparable product.

Products offered for sale on this website are for sale in the United States and certain countries worldwide and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this website. If a Product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

(g) Orders. We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Product is unavailable or a shipment is delayed. We reserve the right to provide substantially similar products to fulfill your order. When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the website and is otherwise valid.

(h) Returns and Exchanges. If you wish to return or exchange a Product (whether Products are damaged, incomplete, or otherwise), you may do so only in accordance with our Return Policy.

(i) Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept Paypal, Stripe, Visa, Mastercard, American Express, Discover and Mobile Money payments. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use this website in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use this website in breach of these Terms and Conditions; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

(j) Transfer of Title and Risk of Loss/Damage. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the Products to the common carrier for shipment. By purchasing Products on this website for shipment, you are asking us to engage a common carrier to deliver your order. We reserve the right to choose any and all procedures, packaging and the common carrier of sold Products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.

(k) Taxes. Stated prices do not include any applicable taxes or surcharges. Your order conformation will contain an estimate of taxes due on your transaction. The final calculation will be made upon shipment. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.

(m) Promotional Codes. The Company may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by the Company at any time in its sole discretion.

7. Your Content

(a) License. By posting, storing or transmitting any content on or to this website, you hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicensable and transferrable right and license to use, copy, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble, create derivative works from, distribute, and sublicense such content in any form, in all media now known or hereinafter created. You hereby irrevocably waive and agree not to assert any rights or any claims based on moral rights and similar theories, if any.

(b) Control and Monitoring. We do not have the ability to control the nature of the content offered through this website posted by third parties. You are solely responsible for your interactions with other users of this website and any content that you post. In particular, please do not request obscene, profane, threatening, illegal or otherwise inappropriate language in gift messages. We reserve the right, but have no obligation, to monitor interactions between you and other users of this website and take any other action to restrict access to, or the availability of, any material that we or another user of this website may consider to be offensive, obscene, lewd, lascivious, excessively violent, harassing, unrelated to Products or the Company, unlawful, false or misleading, or that violates these Terms and Conditions. Nothing in these Terms and Conditions is intended to bar or restrict your ability to review the Company’s Products, services, or conduct.

8. Correspondence

If you send any comments, suggestions, ideas, or submissions regarding the Company, its business, or products (“Comments”) to the Company, you are automatically granting, and hereby do grant to the Company, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, fully transferable license, with the right to sublicense, to use (including copy, display, perform, publish, modify, adapt and translate) such Comments in all forms and media known or discovered in the future (the “License”). Your submission of such material shall constitute a waiver of any claim based on unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. We may use, copy, publish, modify, disclose, and distribute any Comments you send to us, for any purpose whatsoever, without compensating you in any way. However, you will otherwise retain ownership of the Comments. We recommend that you do not send us any confidential materials or information or anything that you do not wish to unconditionally license to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. You will take all further acts as we request to effect the intent of this paragraph. For clarity, this Section 8 applies to materials submitted to the Company but does not apply to product reviews or other content posted on the website. Such content is instead subject to the “Your Content” section above.

9. Errors

It is our intention to make this website thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on this website may be incorrect, incomplete, or inaccurate. We apologize in advance for any such errors that may result in an incorrect price, item unavailability or otherwise affect your order. Please understand that the content of this website is presented on an “as is” basis and we make no claim as to its accuracy, either expressed or implied. We reserve the right to correct errors (whether by changing information on this website or by informing you of the error and giving you an opportunity to cancel your order) or to update product information at any time without notice.

10. Prohibited Conduct

In your use of this website, you shall not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of this website or any websites linked to it; (iii) interfere with or damage this website, including, without limitation, through the use of viruses, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, or reverse engineering any technology used to provide this website; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including, without limitation, the Company or create or use a false identity; (v) attempt to obtain unauthorized access to this website or portions of this website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users or other information on or relating to this website; (viii) use any meta tags or any other “hidden text” utilizing our name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Company; (x) engage in any activity that interferes with any third party’s ability to use or enjoy this website; or (xi) assist any third party in engaging in any activity prohibited by these Terms and Conditions.

11. Third-Party Services and Links

If we provide any content from third parties or “links” to third-party websites, such content and websites are provided for informational purposes only and we cannot and do not investigate their legitimacy, validity, accuracy, safety, or legality. Any concerns regarding or issues relating to such content or websites (including the goods or services offered on them) must be directed to the owner of that content or website, and you must comply with the terms of service of such third party in using their website. We will not be liable in any way for any loss, damages, liability, or expenses (such as attorneys’ fees) that you may incur arising from or related to third-party content or websites.

12. Warranties; Disclaimer; Limitation of Liability

(a) NO WARRANTIES. THIS WEBSITE AND, EXCEPT AS PROVIDED ABOVE, PRODUCTS ARE PROVIDED “AS AVAILABLE” AND “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY (AS DEFINED BELOW) DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.

(b) USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS OR THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THIS WEBSITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. THE COMPANY MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.

(c) NO CONSEQUENTIAL DAMAGES. IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL THE COMPANY, ITS PARENT, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “THE COMPANY” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THIS WEBSITE OR PRODUCTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. THE COMPANY WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE, OR LOSS OF GOOD WILL.

(d) OUR LIABILITY IS LIMITED. IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.

13. Rewards

The Rewards Program is subject to the Program Rules, incorporated into this Agreement by reference.

14. Promotions.

Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through this website may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.

15. Notice and Electronic Communications

Except as explicitly stated otherwise in these Terms and Conditions, any notices you send to us shall be sent by mail to Ethnic District, LLC, 3470 McClure Bridge Road
#2185, Duluth, GA 30096, attention: CEO, which notice will be effective three business days after the date of mailing. In the case of notices we send you, you consent to receive notices and other communications by posting on the website or, in our discretion, by sending you an email. Notice will be deemed given (i) 24 hours after a notice is posted on the website or 24 hours after an email is sent, unless the sending party is notified that the message did not reach the recipient. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16. Modification & Termination

(a) Modification. The Company may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of this website, temporarily or permanently, at any time without notice to you. If you do not agree with any changes made to this website, you may elect not to use or visit this website.

(b) Termination. We reserve the right to immediately terminate your right to use this website or your account at any time and for any reason, with or without notice. If you have an account, you may terminate your account for any reason at any time by providing notice to us of your intention to do so, subject to these Terms and Conditions. If your account is terminated, the Company may, in its sole discretion, delete any content or materials relating to your use of this website. Following termination, you will not be permitted to use this website. If your account or your access to this website is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to this website. Regardless of whether you have the right to access or use this website, these Terms and Conditions will survive indefinitely unless and until we choose to terminate them.

17. Disputes

You and the Company agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the website, the Products, any breach, enforcement, or termination of these Terms and Conditions, or otherwise relating to the Company in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth herein:

(a) Arbitration. These Terms and Conditions and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Matter must be asserted individually in binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with JAMS Streamlined Arbitration Rules and Procedures (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel) and the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (which will prevail over any inconsistent terms in this Section 17). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, any claim that all or any part of these Terms and Conditions is void or voidable or a particular claim is subject to arbitration. This Section 17 shall not, however, preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(b) Applicable Law. United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of Georgia, without regard to conflict of laws principles, will govern all Covered Matters.

(c) Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

(d) Exceptions. There are two exceptions to this agreement to arbitrate:

(i) First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.

(ii) Second, no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction (including amounts) and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

(e) Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms and Conditions to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against the Company prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and the Company. If you do not agree to these amended terms, you may close your account and otherwise cease use of this website within thirty (30) days of the posting or notification and you will not be bound by the amended terms.

(f) Judicial Forum for Legal Disputes. 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, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and the Company must be resolved exclusively by a state, federal, or small claims court located in Gwinnett County, Georgia. You and the Company agree to submit to the exclusive personal jurisdiction of the courts located within Gwinnett County, Georgia for the purpose of litigating all such claims or disputes.

(g) Opt-Out. IF YOU ARE USING THIS WEBSITE FOR THE FIRST TIME, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY PROVIDING THE OPT-OUT NOTICE DESCRIBED BELOW. THAT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU USE THE WEBSITE FOR THE FIRST TIME. IF YOU ARE NOT USING THE WEBSITE FOR THE FIRST TIME, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE VERSION OF THESE TERMS AND CONDITIONS FIRST CONTAINING AN OPT-OUT TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.

(h) Procedure. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to: [email protected]. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms and Conditions and this Disputes section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

(i) WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

18. General Terms

(a) Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding this website, please send an email to [email protected].You may also contact us by writing to Attn: Customer Care, 3470 McClure Bridge Road
#2185, Duluth, GA 30096. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

(b) Force Majeure. We will not be liable for failing to perform resulting directly or indirectly by the occurrence of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, acts of terrorism, natural disaster or war.

(c) No Waiver; Severability. No waiver of any term of these Terms and Conditions will be binding unless in writing, no waiver of any term of these Terms and Conditions will be deemed a further or continuing waiver of such term or any other term. The failure of the Company to exercise or enforce any right or remedy in these Terms and Conditions does not waive that right or remedy, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms and Conditions. The provisions of these Terms and Conditions are intended to extend only to the fullest extent permitted by applicable law. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms and Conditions to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions will remain in full force and effect.

(d) Miscellaneous. These Terms and Conditions (including the documents referenced herein) contain the entire understanding between you and us regarding this website, and supersedes all prior and contemporaneous agreements and understandings regarding its subject matter. These Terms and Conditions will be binding upon each party and its successors and permitted assigns. These Terms and Conditions and all of your rights and obligations under them will not be assignable or transferable by you without the prior written consent of the Company. The Company may freely assign these Terms and Conditions, in whole or in part. The parties are independent contractors, and no agency, partnership, joint venture, and/or employee-employer relationship is intended or created by these Terms and Conditions.