Terms of service
Alyssa.com Terms of Service
Last Updated: 4/23/2023
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OR A TRIAL BY JURY. BELOW, WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION.
Effective Date: 4/23/2023.
For our contact details, see the Contact Us section below.
2. How We Collect Information.
We collect information about you in a variety of contexts. Please see below for details.
Information You Provide through the Service.
When you use the Service, you may be asked to provide information to us. The categories of information we collect include:
• Contact Identifiers, including your name, email address, postal address, and phone number.
• User-generated content, including content within any messages you send to us (such as feedback or questions) or publicly post on the Service (such as in product reviews).
• Payment information, including your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments. This information is processed by our payment processors.
Please do not provide any information that we do not request.
Information from Your Browser or Device.
When you use the Service, we and third parties we work with automatically collect information from your browser or device. The categories of information we automatically collect include:
• Device identifiers, including your device’s IP address.
• Device information, including your device’s operating software and browser (e.g., type, version, and configuration), internet service provider, and regional and language settings.
• Internet activity, including information about your browsing history and interactions, such as the features you use, pages you visit, content you view, purchases you make or consider, time of day you browse, and referring and exiting pages.
• Non-precise location data, such as location derived from an IP address or data that indicates a city or postal code level.
This information is automatically collected through cookies and other tracking technologies incorporated into our Service, as described below:
For details on your rights and choices around cookies and other tracking technologies, see the Your Rights and Choices section below.
Information from Other Sources.
We also collect information from other sources. The categories of sources from which we collect information include:
• Business partners that offer co-branded services, sell or distribute our products, or engage in joint marketing or promotional activities.
• Third party vendors and related parties we work with in connection with receiving analytics, advertising, security, and fraud prevention services.
• Social media platforms with which you interact. For example, when you “like,” “follow”, or otherwise engage with our content on social media (such as through our brand page or direct message), we may collect information such as your contact identifiers and any comments you provide. If you publicly reference our Service on social media (such as by using a hashtag associated with us in a tweet or post), we may use your reference on or in connection with our Service.
• Public sources, including where information is in the public domain.
Information We Infer.
We infer new information from other information we collect, including to generate information about your likely preferences or other characteristics.
To the extent any of categories of information we collect are sensitive categories of information under applicable law, we process such information only for the limited purposes permitted by applicable law. We do not sell or use sensitive categories of information for purposes of targeted advertising or to make inferences.
3. How We Use Information.
• Providing services. We use information to provide services to you, including to operate the Service and provide support.
• Personalizing your experience. We use information to personalize your experience and show you content we believe you will find interesting.
• Research and development. We use information for research and development purposes, including to improve our services and make business and marketing decisions.
• Communications. We use information to communicate with you about updates, security alerts, changes to policies, and other transactional messages. We also use information to personalize and deliver marketing communications to you. Communications may be by email.
• Analytics. We use information to understand trends, usage, and activities, for example through surveys you respond to and tracking technologies that we incorporate into the Service (such as Google Analytics).
• Advertising. We work with agencies, ad networks, technology providers, and other third parties to place ads about our products and services on other websites and services. For example, we place ads through Google and Facebook that you may view on their platforms as well as on other websites and services.
• Promotions. When you voluntarily enter a promotion, we use information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law. By entering a promotion, you agree to the official rules that govern that promotion, and that, except where prohibited by applicable law, we, the sponsor, and related entities may use your name, voice and/or likeness in advertising or marketing materials.
• Security and enforcement. We use information to prevent, detect, investigate, and address fraud, breach of policies or terms, or threats or harm.
• At your direction or with your consent. We use information for additional purposes where you direct us to use it in a certain way or with notice to you and your consent.
Sometimes we aggregate or de-identify information so it is no longer considered personal information. We may use non-personal information for any purpose to the extent permitted by applicable law. For details on your rights and choices around use of your information, see the Your Rights and Choices section below.
4. How We Disclose Information.
• Business partners. We disclose information to our business partners in connection with offering co-branded services, selling or distributing our products, or engaging in joint marketing or promotional activities.
• The public. We disclose information you make public, such as information you post on public boards. Please think carefully before making information public as you are solely responsible for any information you make public. Once you have posted information, you may not be able to edit or delete such information, subject to any rights you have under applicable law.
• Recipients in a merger or acquisition. We disclose information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
• Recipients for security and enforcement. We disclose information to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also disclose information to protect the rights, property, life, health, security and safety of us, the Service or anyone else.
• Recipients at your direction or with your consent. We disclose information where you direct us to or with notice to you and your consent.
Sometimes we aggregate or de-identify information so it is no longer considered personal information. We may disclose non-personal information for any purpose to the extent permitted by applicable law. For details on your rights and choices around disclosure of your information, see the Your Rights and Choices section below.
5. Third Parties.
6. Your Rights and Choices.
We provide a variety of ways for you to control the information we process about you. Please see below for details.
Emails. You can unsubscribe from receiving promotional emails by following the unsubscribe instructions near the bottom of such emails, or by emailing us at as set out in the Contact Us section below with the word UNSUBSCRIBE in the subject field of the email. Please note that you cannot opt out of transactional messages.
Please note that your opt out is limited to the email address used and will not affect subsequent subscriptions.
Browser and device controls.
• Cookies and Pixels. In addition, you may be able to manage cookies through your browser settings. When you manage cookies, pixels associated with such cookies may also be impacted. Please note that cookie management only applies to our website. If you use multiple browsers, you will need to instruct each browser separately. If you delete or reset your cookies, you will need to reconfigure your settings. Your ability to limit cookies is subject to your browser settings and limitations.
• Preference signals. Your browser or extension may allow you to automatically transmit Do Not Track and other preference and we do not respond to such signals except where required by law.
• Third party opt-out tools. Some third parties we work with offer their own opt-out tools related to information collected through cookies and pixels. To opt out of your information being used by Google Analytics, please visit https://tools.google.com/dlpage/gaoptout. We are not responsible for the effectiveness of any third party opt-out tools.
The Service is not directed toward children under 13 years old, and we do not knowingly collect personal information (as that term is defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) from children. If you are a parent or guardian and believe we have collected personal information from children, please contact us as set out in the Contact Us section below. We will delete the personal information in accordance with COPPA.
If you are a California resident under 18 years old and registered to use the Service, under California’s Online Eraser Law, you can ask us to remove any content or information you have publicly posted on the Service. To make a request, please write us at the email address set out in the Contact Us section above with “California Under 18 Online Eraser Request” in the subject line, and tell us what you want removed. We will make reasonable good faith efforts to remove the post from prospective public view, although we cannot ensure the complete or comprehensive removal of the content and may retain the content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
8. Data Security.
We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.
We retain information for the length of time that is reasonably necessary for the purpose for which it was collected, and as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.
10. International Transfer.
We are based in the U.S. If you are located outside the U.S., please be aware that your information may be transferred to and processed in the U.S. or another country where we operate.
12. Contact Us.
5950 Canoga Ave, Suite 417
Woodland Hills, CA 91367
and/or its affiliates (“Company” or “we” or “us” or “our”) provides a website, located at alyssa.com (the “Website”), that publishes and links to news and information about, and of interest to fans of, Alyssa Milano (“Content”). The Website also includes an online store, located at shop.alyssa.com (the “Shop”), where users may browse and purchase products we selected (“Products”) that are fulfilled by third-party vendors (“Vendors”). We refer to the various services we provide through the Website, including the Content and the Products, as the “Services.”
We are not responsible for linked sites. The Website may contain links to third-party websites or resources. You acknowledge and agree that Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Company of such websites or resources or the content, products, or services available from such websites or resources. You accept sole responsibility for and assume all risks arising from your use of any such websites or resources. Further, we are not responsible for the privacy practices associated with linked websites, and it is your responsibility to review those policies before accessing those websites.
You have authority to bind your company. If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
- ACCEPTABLE USE
You may use the Services and purchase Products only in accordance with these Terms. As long as you comply with these Terms and our policies, we grant you a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use the Services and purchase Products solely for their intended purpose.
You have a limited right to use Content. Company may make Content available through the Services, including text, graphics, logos, designs, audio, video, and other materials, some of which is owned by Company, and some of which is made owned by third parties. Company authorizes you to access and view Content solely for your personal use in connection with your authorized use of the Services and, if you are a user, in connection with exercising the rights granted to users under these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in these Terms.
You will follow these rules. You must only use our Services in accordance with these Terms and all applicable laws and regulations, and you must not use our Services in any way that infringes upon the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Services. Without limiting the foregoing, in using our Services, you further agree that you will NOT:
- Use, reproduce, copy, modify, adapt, prepare derivative works based upon, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer: (i) any portion of the Services, Content, or other content made available through the Services without the owner’s express written permission; or (ii) any Company copyrights or trademarks;
- Frame, mirror, deep link to, or otherwise simulate the appearance or function of the Services or Content, or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- Decompile, disassemble, or otherwise reverse engineer the Services, Content, or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services;
- Disrupt or interfere with the Services, any other user’s enjoyment of the Services, or the Website or affiliated or linked websites;
- Remove any copyright, trademark, or other proprietary rights notices contained in or on the Services or Content;
- Stalk, harass, or harm another person via use of the Services, including, without limitation, Company personnel;
- Impersonate any person or entity, including, but not limited to, our employees, representatives, or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent;
- Upload, post, email, transmit, or otherwise make available through the Services any viruses or other harmful, disruptive, or destructive files or unsolicited or unauthorized advertising, marketing, or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
- Distribute viruses or any other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit, or otherwise make available through the Services any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere or attempt to interfere with the proper working of the Services or any activities conducted through them;
- Bypass any measures we may use to prevent or restrict access to the Services; or
- Encourage or enable another user or individual to do any of the foregoing prohibited activities
If you believe that any content or other material linked or made available through the Services violates your copyright, please submit a notification in accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512 to Company’s DMCA Agent:
5950 Canoga Ave #417, Woodland Hills, CA 91367
Company will respond to all such notices in accordance with the DMCA.
Company may enforce any violations. Company may investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Company has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
You may choose to give us feedback or suggest improvements. In the event you choose to contact us and provide any feedback, comments, and/or suggestions for improvements to, or errors and issues on, the Website, Products, Shop, or other Services (“Feedback”), you acknowledge and agree that your contribution of Feedback does not grant you any right, title, or interest in the Website, Products, Shop, Services, or in any such Feedback you have provided, nor does such Feedback entitle you to any compensation whatsoever. Wherever necessary, you hereby assign to Company any and all right, title, and interest (including without limitation, any patent, copyright, trademark, know-how, moral rights and any other intellectual property rights) that you may have in and to any and all Feedback.
III. SHOP TERMS AND CONDITIONS
Introduction. The Shop lists and makes available for purchase Products that are designed, manufactured, packaged, and shipped by various third-party Vendors with whom we have a business relationship. We selected these Products because we believe they may be of interest to our community. We may receive a commission on Products purchased through our Shop. Although you may purchase the Products through our Shop, you understand and acknowledge that the Products are sourced from, and shipped by, third-party Vendors, which we do not control. At no point do we have title, possession or custody of any Products. These Terms reflect this arrangement.
You may order Products in accordance with our Terms. You may use the Shop to order Products only in accordance with our Terms. All Products are subject to the availability of the Vendor. Generally, use of the Shop is limited to orders for your personal use. If you are interested in buying large quantities of Products, please contact us at email@example.com. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue Products without notice, even if you have already placed your order.
ALL SALES ARE FINAL. We do not offer or accept refunds, returns, or exchanges of any Products sold through the Shop at this time. Please carefully review your order before completing your purchase. That said, if you receive a defective or damaged Product, or are otherwise unhappy with your purchase, you may contact our customer service team at firstname.lastname@example.org.
You may protect your shipment for a fee. At checkout, you may have the option to purchase package protection through a third party, Route, for loss, theft, and damage in transit. Route’s separate terms and conditions apply.
Placing an order does not necessarily mean acceptance of an order. By placing an order on the Shop, you are making an offer to Company. Our acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to not accept the offer or to refuse any order in our sole discretion including, without limitation, if there has been a material error in the description of the product or if the price advertised is incorrect. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order. We reserve the right to correct any errors with an order, or to cancel an order and refund any amount charged.
Shipping costs and taxes are shown at checkout. Products are available to be delivered only in the contiguous 48 states of the United States of America. Applicable sales taxes and shipping and handling charges will be shown during the checkout process prior to finalizing your order. Shipping and handling charges are calculated by the Vendor sending your order.
We do not guarantee shipping and delivery dates. We do not and cannot guarantee shipping or delivery dates, including because Products are packaged and shipped by third-party Vendors that are outside of our control.
Descriptions may not be accurate. We do not warrant that any Product descriptions, images, photographs, pricing, or other information on the Services, including weight and size descriptions, are accurate, complete, current, or error-free, including because this information typically is provided by third-party Vendors, not us. Order at your own risk.
Payment Vendors. The Services may allow you to use one or more third-party payment processors (“Payment Vendors”) to pay for Products and store your payment information for subsequent purchases. Your use of any such Payment Vendors is subject to their separate terms, conditions, and/or privacy policies. Company shall have not be liable for any payment or other issues that arise in connection with or resulting from your use or interaction with any Payment Vendor. You are solely responsible for safeguarding your password and other credentials related to any account with any Payment Vendor or other third party.
- WARRANTY DISCLAIMER
We provide no warranty. THE SERVICES, PRODUCTS, AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COMPANY MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, PRODUCTS, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. COMPANY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES, CONTENT, OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR SHOP OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE, SERVICES OR SHOP.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE WEBSITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.
- LIMITATION OF LIABILITY
Our liability is limited. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of or resulting from your use or purchase of the Services, Products, and Content remains with you. Under no circumstances shall Company or its affiliates be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage, or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use or purchase of, or inability to use or purchase, the Services, Products, or Content, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Company’s aggregate liability arising out of or in connection with these Terms or from the use or purchase of, or inability to use or purchase, the Services, Products, or Content, exceed the total payments, if any, that you made to Company for the Services, Products, or Content that are the subject of a claim.
The limitations of liability and damages set forth above are fundamental elements of the basis of the bargain between Company and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- RESOLUTION OF DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Governing Law and Venue
California law governs, and the venue is Los Angeles. These Terms are governed by the laws of the State of California, without regard to conflict of law provisions. You and we expressly agree to adjudicate any claim or dispute between us arising from or related to the Terms, Products, Shop, or Services exclusively by a state or federal court or arbitral tribunal located in Los Angeles County, California, except as described in the Agreement to Arbitrate below or as otherwise mutually agreed by the parties. You and we further acknowledge and agree that this Agreement to Arbitrate affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement to Arbitrate (despite any other choice of law provision).
- Informal Resolution Process
You and we agree to try to resolve Disputes without litigation. Prior to commencing any legal proceeding against us of any kind, including an arbitration as set forth below, you and we agree that we will attempt to resolve any dispute, claim, or controversy between us arising out of or relating to these Terms, the Services, the Shop, or the Products (“Dispute”) by engaging in good faith negotiations. Such good faith negotiations require, at a minimum, that the aggrieved party provide a written notice by email to the other party specifying the nature and details of the Dispute. You should email your notices to email@example.com. We will email our notices to any email address you provided to us. The party receiving a notice shall have (30) days to respond. Within sixty (60) days after the aggrieved party sent the initial notice, if the parties were unable to resolve their Dispute by email, the parties shall meet and confer in good faith by videoconference or by telephone to try to resolve the Dispute. If the parties still are unable to resolve the Dispute within ninety (90) days after the aggrieved party sent the initial notice, the parties may agree to mediate their Dispute, or either party may submit the Dispute to arbitration as set forth below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other remedy, so please do not forget to contact us first.
- Agreement to Arbitrate
Disputes will be resolved through binding arbitration. Except as expressly provided herein, you and we agree that any Dispute that cannot be resolved through the procedures set forth above will be resolved through binding arbitration on an individual basis. Class actions and class arbitrations are not allowed. You may bring a claim only on behalf of yourself and cannot seek relief that would affect other users of our services. If there is a final judicial ruling that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with these Terms, then only that particular claim or request for relief may be brought in court. All other claims (or requests for relief) remain subject to this provision. Questions of arbitrability—that is, whether a particular claim is subject to arbitration—shall be resolved by an arbitrator in arbitration.
JAMS or ICDR rules apply. All Disputes between the parties arising hereunder shall be resolved by arbitration conducted by JAMS in Los Angeles, California before a single retired judge or professional arbitrator with relevant subject-matter experience in accordance with the then-current JAMS Streamlined Arbitration Rules and Procedures. The arbitration shall allow for the discovery or exchange of non-privileged information relevant to the Dispute. Any arbitral award shall consist of a written statement stating the disposition of each claim or Dispute and provide a concise written statement of the essential findings and conclusions on which the award is based. Judgment upon any arbitral award may be entered in any court of competent jurisdiction. The arbitration hearing shall be within ninety (90) days, which time period can be modified by the tribunal in its discretion or at the request of any party. The tribunal is under no obligation to modify this time period. Notwithstanding anything to the contrary, (i) if traveling to Los Angeles is a burden, you may participate in the arbitration by videoconference, phone, and/or document submission to the fullest extent allowable by the arbitrator; (ii) we agree, upon your request, to resolve any Dispute in accordance with these Terms through an in-person arbitration hearing in your hometown area rather than Los Angeles, California, provided that we may participate in the arbitration by videoconference, phone, and/or document submission to the fullest extent allowable by the arbitrator; (iii) if you are outside of the United States, the arbitration will be conducted by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures; and (iv) any remedies that would otherwise be available to you under applicable federal, state, or local laws shall remain available under this arbitration clause.
The arbitration will be decided by a sole arbitrator. In all cases, there shall be one (1) arbitrator, who will be agreed to by the parties within thirty (30) days of receipt by respondent of a copy of the demand for arbitration. If no single arbitrator can be agreed upon by the parties, the arbitrator shall be selected in accordance with the rules of JAMS. The arbitrator’s decision in any such arbitration shall be final and binding upon the parties, and the arbitrator shall be empowered to order specific performance and injunctive relief.
The costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including the JAMS Arbitration Schedule of Fees and Costs and rules regarding frivolous or improper claims. For the sake of clarity, if you initiate an arbitration against us, you are only required to pay a fee of $250, which is approximately equivalent to current court filing fees. All other costs shall be borne by us, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. In the event that we initiate an arbitration against you, we will pay all costs associated with the arbitration. Except as expressly provided herein, the location of the arbitration shall be Los Angeles, California, but the arbitration may be conducted virtually. Judgment thereon may be entered in any court of competent jurisdiction.
Arbitration proceedings are confidential. Except as may be required by law, the parties shall preserve the confidentiality of all aspects of the arbitration, and shall not disclose to a third party (other than disclosure to the affiliates of a party on a need-to-know basis and such affiliates are informed of the confidential nature of such information and are instructed to keep such information confidential), any or all information made known and documents produced in the arbitration not otherwise in the public domain, all evidence and materials created for the purpose of the arbitration, and all awards arising from the arbitration, except, and to the extent that disclosure is required by law or regulation, is required to protect or pursue a legal right or is required to enforce or challenge an award in legal proceedings before a court or other competent judicial authority.
Small claims court is an acceptable alternative. Instead of commencing an arbitration, you or we may also bring claims in your local “small claims” court if the rules applicable to that court allow it. Otherwise, the Dispute must be resolved by binding, individual arbitration.
You have the right to opt out of arbitration. You have a right to opt out of this agreement to arbitrate by mailing a letter, postage prepaid, to Company, [INSERT ADDRESS], Attention: Alyssa.com Customer Service. Such opt out must include your first and last name and a clear statement of your intent to opt-out of this Agreement to Arbitrate, and must be given within the earlier of thirty (30) days of your first use of the Services or purchase of Products on the Shop or, if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.
You waive the right to bring a class action. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this Agreement to Arbitrate and this Class Action Waiver still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.
You and we expressly waive the right to a trial by judge or jury. YOU AND WE AGREE AND UNDERSTAND THAT, BY USING ARBITRATION TO RESOLVE DISPUTES, YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.
Limitation of Actions. You understand and agree that, regardless of any statute or law to the contrary, any Dispute or other claim against us must be filed within one (1) year after such Dispute or claim arose, or will be forever barred.
VII. ADDITIONAL TERMS & CONDITIONS
You agree to indemnify us. You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your (a) use of the Services, including without limitation, your purchase of any Products; (b) breach of these Terms or any of our policies; or (c) violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds us without our express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim.
Sweepstakes and Contests. Company may operate sweepstakes, contests and similar promotions through the Services (collectively, “Promotions”). You should carefully review the rules provided in connection with each Promotion in which you participate through the Services (“Official Rules”), as they may contain additional important information about Company’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
Company’s Intellectual Property. The Services, including the Content, are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Company and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Company Content.
The content, statements, and other material made available on or through the Website relating to any Products are not intended to diagnose, treat, cure, or prevent any medical condition or disease, and are not in any way intended as medical advice or as a substitute for medical treatment. If you have a medical condition that may be affected by your use of any Services or Products offered on the Site, you should consult with your physician or other healthcare professional before using any such Service or Product. If you have or suspect that you have a medical condition, promptly contact your healthcare provider. Never delay seeking or disregard professional medical advice because of something you have read on the Website.
Notice for California Users. Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Notice to New Jersey Users. The sections on indemnification and limitation of liability do not apply to New Jersey residents.
Users from Other Jurisdictions. The Services are controlled and operated by Company from the United States. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Company and you regarding the Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between Company and you regarding the Services.
We may modify these Terms. We reserve the right, at our sole discretion, to modify these Terms (including any terms incorporated herein by reference), at any time. By continuing to use the Services after we have modified these Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only option is to cease using the Services. We encourage you to check back regularly to review these Terms.
We may modify the Services. We reserve the right to monitor, modify, or discontinue the Services, and to block, modify, publicly comment on, or delete any content or information submitted to the Services by any party, at any time without notice in our sole discretion; provided, however, that we have no obligation to update, store, maintain, or correct any content or information on the Services.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Company via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted unless the sending party is notified that the email address is invalid. Alternatively, if applicable, we may give you legal notice by mail to any address provided during the checkout process, including to any Payment Vendor. In that case, notice will be deemed given three (3) days after the date of mailing.
No Waiver. The failure of Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Severability. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Force Majeure. We will be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (i) weather conditions or other elements of nature or acts of God, (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (iii) quarantines or embargoes, (iv) labor strikes, or (v) other causes beyond our reasonable control. In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund of your charges.
Contacting Company. If you have questions about the Shop, Services, Products, or these Terms, please contact us at firstname.lastname@example.org