Terms & Conditions

SUPER SMALLS TERMS OF USE

Last Updated: October 5, 2026

Acceptance of the Terms

The following terms of use, (these “Terms”) are entered into by and between you and Super Smalls Inc. (“Super Smalls Inc.,” “Super Smalls,” “Company,” “we,” “us” or “our”). These Terms govern your access to and use of our website, https://supersmalls.com/ (the “Site”) along with any other products or services offered by us, whether through the Site or otherwise (collectively and together with the Site, the “Services”).

Please read these Terms carefully. By accessing, browsing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound by these Terms, including the Arbitration Agreement within and any other terms applicable to the Services that are incorporated herein by reference. If you are using the Services on behalf of an entity, you are agreeing to these Terms for yourself and that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to you individually and to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services.

Privacy Policy

Your use of, and participation in, the Services offered by the Company is subject to the terms set forth in our privacy policy located at https://supersmalls.com/pages/privacy-policy (the “Privacy Policy”), which is incorporated herein by reference. Our Privacy Policy details how we collect and use your information.

Changes to the Terms of Use

We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. Any such changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Please review these Terms regularly because once we post any changes, your subsequent use of the Services constitutes your acceptance of the revised Terms.

Access to Services; Account Registration

By accessing the Services, you warrant that:

You are legally capable of entering into binding contracts;

All registration information you submit is truthful and accurate;

You will maintain the accuracy of such information; and

Your use of the Services does not violate any applicable law or regulation.

While accessing our Services, you may register with the Site and create a user account (“Account”). If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. You agree that all information that you submit upon creation of your Account is accurate and truthful and you have the right to post the content on the Service and grant a license to Super Smalls. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.

You should not share your Account information. You should not use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. You can always delete your Account by emailing us at [email protected].

Payment Processer; Third Party Service Provider

We use third party payment services providers to process purchases you make through the Site. These providers may include ShopPay, AmazonPay, PayPal, Google Pay and/or Afterpay.

In the course of your use of the Services, third party payment service providers may receive and implement updated credit card information from your credit card issuer to prevent your payment or subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
Our obligation to provide the Services only comes into being when we take receipt of your purchase of the Services. Prices displayed on the Site do not include local taxes, which are added at checkout. You agree not to hold us responsible for banking charges incurred due to payments on your account. You agree that you are not permitted to resell any Services for commercial purposes.

Purchases of Our Products

The products offered on the Site may have limited quantities and are subject to return or exchange only according to these Terms. Products purchased on the Site may be returned, excluding shipping costs, as long as they are unworn and in their original packaging. Upon receipt, your refund will be issued in the form of store credit, provided you reach out within 30 days of receiving your order. If you would like to exchange products purchased on the Site, please contact us at [email protected]. If you exchange a product for a product of lesser value, you will receive the difference in store credit only. If you exchange a product for a product of greater value, you must pay the difference. You are responsible for paying the shipping costs to return or exchange products purchased on the Site. To return or exchange a product, you must contact us at [email protected] within 30 days from receiving your order and provide the receipt for your order. Claims filed after 30 days are eligible for store credit only. Clearance and sale items are considered FINAL SALE upon payment and are not eligible for return or exchange. Items purchased from a third party vendor must be returned to the store according to their return/exchange policy.

If you receive a product that is damaged or defective, the Company will replace the damaged or defective component free of charge, provided that you contact the Company within 7 days of purchase at [email protected] and provide the receipt for your purchase.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Changing Fees and Charges

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We may also at any time and from time to time, in our sole discretion, change or remove any of the pricing models in place.

Cancellations by Super Smalls

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes, without limitation, the unauthorized copying or download of content from the Services.

Eligibility; User Restrictions

We only permit individuals who are at least 18 years old, or the age of majority in your province, territory or country, and who can form legally binding contracts with us to use the Services. Individuals under the age of 18, or the applicable age of majority, (“Minors”) may utilize the Services only with the consent and support of a parent, legal guardian or other qualified adult. If you are a parent or guardian and you allow your Minor to use the Services, you agree to be bound by the Minor’s use of the Services and by these Terms. If you are a Minor and do not have the requisite parent or guardian consent, please do not attempt to access or use the Services.
You can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Use of the Services; Restrictions on Use

We may from time to time in our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services (including to registered users) or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion without notice. Any such updates or changes will be deemed part of the Services and subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.

You may only use the Services as explicitly authorized and in compliance with any policies made available to you within the Services. You may not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Services:

Use the Services for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent;
Express or imply that any statements you make are endorsed by Super Smalls;
Scrape the Services or use other automated or manual means to take our content without our express prior written consent
Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read;
Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure
Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
Run any form of auto-responder or “spam” on the Services;
Access or use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; or
Otherwise take any action in violation of these Terms.

Links to Third Party Websites

We may provide links to third party websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

Intellectual Property

Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Services, including without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, using the Services does not (1) give you any ownership of any intellectual property rights in our Services or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

In particular, audio or video content from Super Smalls not explicitly indicated as downloadable may not be downloaded or copied from the Services. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

You may not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.

To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us at [email protected].

Availability of the Services

Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in our Services, please report it to us at [email protected] and we will review your complaint and, where we determine it appropriate to do so, correct the fault. We will not be liable to you if the Services are unavailable from time to time.

Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can.

Third Party Materials and Content

You understand that the Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”). In consideration for Super Smalls allowing you to use the Services, you agree that we, our affiliates, and third party partners may place advertising on the Services.

You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We expressly disclaim any responsibility for all aspects of the Third Party Materials and you further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any Third Party Materials.

Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third party trademarks or content, which shall remain the property of their respective owners.

Warranty Disclaimers; Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY THE COMPANY OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN

IN NO EVENT WHATSOEVER SHALL THE COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES OR FEATURE RELEVANT TO THE CLAIM, OR (2) US$500.00.

THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services or your use of any information obtained through the Services.

Governing Law

Except for the arbitration agreement (which is governed by the Federal Arbitration Act), no matter where you’re located, the laws of the state of New York will govern these Terms and the relationship between you and the Company as if you signed these Terms in New York, without regard to New York state’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. In the event that the Arbitration Agreement below does not apply, the parties agree to submit to the federal or state courts in New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or these Terms.

Arbitration

YOU AND COMPANY AGREE THAT ANY CLAIMS OR DISPUTES THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE TERMS, THE COMPANY SITES, OR ANY SERVICE (“Claim” or “Claims”) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.

RIGHT TO OPT-OUT: You may opt-out of this Arbitration Agreement by notifying Company in writing within thirty (30) days of the date on which you accessed or used a Company website. Such written notification must be sent to by mail with a tracking number to Super Smalls Inc. [ADDRESS] and must include (1) your name, (2) your address, (3) the Company website you accessed, (4) the date upon which you accessed the website in the last 30 days, and (5) a clear statement indicating that you do not wish to resolve disputes through arbitration. An opt-out notice is only valid for the date and website listed in the specific notice and will not affect the terms and conditions of other or prior or future arbitration agreements with Company. Any opt-out notice received after the opt-out deadline or not including the above requirements will not be valid and you will be bound by this Arbitration Agreement.

NOTICE AND CURE. If you or Company have a Claim, before starting an arbitration, the party electing to commence a proceeding must give the other party written notice of the Claim. The notice must include: (1) the name, telephone number, mailing address, and email address of the party seeking arbitration; (2) reasonable detail of the claim, including supporting facts; (3) the remedy sought and a good-faith calculation of the amount in controversy, expressed in U.S. Dollars; and (4) the original signature of the party making the claim. You must send the notice in writing and by mail, with a tracking number, to Company, [ADDRESS]. If Company intends to make a Claim, Company will notify you in writing by certified mail, return receipt requested, at the most recent address Company has for you in our files, or, if Company has no physical mailing address, then by email to the current email address Company has on file. The complaining party must give the other party a reasonable opportunity over the sixty (60) days after notice is received to resolve the Claim on an individual basis. Company will toll any applicable period of limitations during the 60-day period commencing with receipt of your notice provided you engage in a good faith eﬀort to resolve the Claim on an individual basis as contemplated by this provision during that 60-day period. If requested by the party that receives the notice, the other party must personally participate in an individualized telephone or video settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Claim. If the Claim is not resolved within sixty (60) days after receipt of the notice (which period can be extended by agreement of the Parties), you or Company may commence an arbitration proceeding by ﬁling a demand for arbitration with JAMS consistent with the process set forth in this arbitration agreement. Compliance with and completing the foregoing informal dispute resolution process (the “Informal Resolution Requirement”) is a condition precedent to ﬁling a demand for arbitration. If the suﬃciency of a notice or compliance with this informal dispute resolution process is at issue, it shall be decided by a court at either party’s election, and any arbitration proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the ﬁling or prosecution of a demand for arbitration. The validity, enforceability, and eﬀect of this Notice and Cure paragraph shall be exclusively determined by a court, and not by any arbitration administrator or arbitrator.

CLASS ACTION WAIVER: YOU AND COMPANY AGREE THAT ALL CLAIMS BETWEEN YOU AND US WILL BE RESOLVED IN AN INDIVIDUAL CAPACITY. EXCEPT AS PROVIDED IN THE “MASS ARBITRATIONS” PARAGRAPH BELOW, WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. The arbitrator shall have no power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of the general public, other consumers, or other persons similarly situated. Further, except as provided in the JAMS Mass Arbitration Rules adopted below, unless both you and Company agree otherwise in writing, the arbitrator may not consolidate more than one person’s Claims. This paragraph does not apply to requests for public injunctive relief, which are addressed below. The validity, enforceability, and eﬀect of this Class Action Waiver shall be exclusively determined by a court, and not by any arbitration administrator or arbitrator. Requests for Public Injunctive Relief are governed by the paragraph below labeled “Public Injunctive Relief Requests.” This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply.

JURY WAIVER: YOU AND WE AGREE THAT, BY ENTERING INTO THIS ARBITRATION AGREEMENT, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AND WE ACKNOWLEDGE THAT ARBITRATION WILL LIMIT OUR RESPECTIVE LEGAL RIGHTS, INCLUDING, THE RIGHT TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS UNDER THE FEDERAL ARBITRATION ACT).

ARBITRATOR AUTHORITY: The arbitrator’s authority is governed by this Arbitration Agreement. You and Company agree that the arbitrator may award the same relief that a court of competent jurisdiction could award, including, an award of attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law, but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with Company. Additionally, notwithstanding anything contained in this arbitration agreement, either you or Company may seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied so long as the dispute remains in such court and advances only an individual claim for relief. No arbitration award under this Arbitration Agreement will aﬀect any dispute involving any other party. No arbitration award under another party's agreement will aﬀect any arbitration under this Arbitration Agreement.

PUBLIC INJUNCTIVE RELIEF: If you or Company seek public injunctive relief as a remedy for any Claim (a “Public Injunctive Relief Request”), you and Company agree that the Public Injunctive Relief Request cannot be arbitrated. Instead, the Public Injunctive Relief Request shall be adjudicated by a court after all other Claims to be decided in arbitration under this Arbitration Agreement are resolved in arbitration. You and Company agree to jointly request that the court stay the Public Injunctive Relief Request until after the remaining Claims have been ﬁnally resolved in arbitration, and that the Parties will only seek to lift the stay and request that a court resolve the Public Injunctive Relief Request if an arbitrator ﬁnds that one of them is liable for a Claim for which public injunctive relief is an available remedy. The validity, enforceability, and eﬀect of this paragraph shall be determined exclusively by a court, and not by any arbitration administrator or arbitrator. If for any reason this Public Injunctive Relief paragraph is found unenforceable, then the entire arbitration agreement will not apply.

ARBITRATION PROCEDURES: You and Company agree that your agreement affects interstate commerce, and the Federal Arbitration Act (9 U.S.C. §1-16) governs this Arbitration Agreement. The arbitrator shall not apply any state law governing consolidation or joinder of parties or claims in (or subject to) arbitration. All arbitrations shall be conducted by JAMS under its Streamlined Arbitration Rules and Procedures (“JAMS”), or, if applicable, the JAMS Mass Arbitration Procedures and Guidelines. These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this Arbitration Agreement, then this arbitration agreement shall control. If JAMS is unavailable, or declines to administer the arbitration, and the parties are unable to agree on an alternative administrator, then either Company or you may petition a court of competent jurisdiction to appoint an arbitrator. The arbitrator shall be a retired federal judge, a retired state appellate judge, or a retired state trial judge (in that order of preference). Upon request, the arbitrator shall issue a written award describing the essential ﬁndings supporting the award. Company will cover all filing, administrative, hearing, and arbitrator’s fees except, if applicable, any consumer filing fee assessed by the arbitration administrator. Under no circumstances will your liability for a consumer filing fee exceed $250.00; we will cover any excess over that amount. We will also cover any consumer filing fee if a court or arbiter determines that it is necessary to enforce this Clause. If you bring an arbitration against Company, the arbitration hearing will be held in a location reasonably convenient to you, unless we both agree on a different location.

MASS ARBITRATIONS. In the event that seventy-five (75) or more similar demands for arbitration are ﬁled against the same party or related parties by individuals represented by the same law ﬁrm or law ﬁrms acting in coordination, the JAMS Mass Arbitration Procedures and Guidelines will apply, subject to the provisions of this Arbitration Agreement. The JAMS Mass Arbitration Procedures and Guidelines are available from www.jamsadr.com or 1-800-352-5267 (toll free). If the JAMS Mass Arbitration Procedures and Guidelines apply, JAMS will appoint a process administrator to exercise the powers granted under the JAMS Mass Arbitration Procedures and Guidelines. All decisions issued by the process administrator may be reviewed by the merits arbitrator de novo once appointed. Accordingly, the merits arbitrator will have the power to modify, correct, amend, reverse, or otherwise alter the decision of the process administrator with respect to the particular Claims before the merits arbitrator.

SURVIVAL: This arbitration agreement survives the termination of this Visitor Agreement between you and Company.

SEVERABILITY. If any portion of this Arbitration Agreement is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Arbitration Agreement. However, if the Class Action Waiver paragraph or the or the Public Injunctive Relief Requests paragraph of this Arbitration Agreement is deemed invalid or unenforceable then this entire Arbitration Agreement shall be deemed invalid and unenforceable with respect to the Claims you have brought. The terms of this Arbitration Agreement will prevail if there is any conﬂict between the rules of the applicable arbitration administrator and this Arbitration Agreement.

Severability

Except for as provided in the Arbitration Agreement (which has its own severability provision), if it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

Entire Agreement

These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.

Force Majeure

We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.

Assignment

You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

Waiver

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Release

You release the Company and our successors from all losses, damages, rights, and demands and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arise from your use of the Services (collectively, “Claims”). If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, which, if known by him would have materially affected his settlement with the debtor.” This release does not apply to any Claims for unconscionable commercial practice by the Company or fraud, deception, false, promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services.

Comments, Concerns and Complaints

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: [email protected].