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YOU MORE AGREE THAT THE PRODUCTS AND OTHER PRODUCTS YOU RECEIVE IN YOUR ORDER MIGHT VARY FROM THE PRODUCTS AND PRODUCTS DISPLAYED ON THE WEBSITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT CONSTRAINT, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER SYSTEM, MANUFACTURING PROCEDURE OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION APPROACHES AND VARIABILITY OF COOKING EQUIPMENT AND DEVICES.
A RECOMMENDATION TO A PRODUCT ON THE WEBSITE DOES NOT IMPLY OR WARRANTY THAT IT IS OR WILL BE AVAILABLE IN YOUR AREA OR AT THE TIME OF YOUR ORDER. We schedule the right to change any and all Content and to customize, suspend or stop providing access to the Site (or any functions or functionality of the Website) and the Products at any time without notice and without commitment or liability to you.
THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO INJURY; DISCOMFORT AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF REVENUES, REVENUE, ORGANISATION OR PREPARED FOR SAVINGS, USE, GOODWILL, DATA; AND WHETHER BROUGHT ON BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN ADDITION, IN NO EVENT SHALL HELLOFRESH BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE GAIN ACCESS TO TO OR USAGE OF, OR FAILURE TO ACCESS OR USE, THE WEBSITE, APP OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, 3RD PARTY MATERIAL, CONTENT OF LINKED THIRD PARTY WEBSITES), OR THE PURCHASING, RECEIPT, OR USAGE OF ANY PRODUCT, OR OTHERWISE RELATED TO THIS AGREEMENT( INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES TRIGGERED BY OR RESULTING FROM DEPENDENCE ON ANY DETAILS ACQUIRED FROM HELLOFRESH, OR FROM OCCASIONS BEYOND HELLOFRESH’S SENSIBLE CONTROL, SUCH AS WEBSITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, MISTAKES OR OMISSIONS, FLAWS, BUGS, INFECTIONS, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE).
THE RESTRICTION STATE IN THIS SECTION 22 SHALL NOT AFFECT LIABILITY THAT CAN NOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION, SUCH AS LIABILITY FOR ACCIDENT OR HOME DAMAGE DIRECTLY AND PROXIMATELY TRIGGERED BY OUR ACTS OR OMISSIONS, OR FOR OUR GROSS CARELESSNESS, OR WILLFUL MISCONDUCT. We reserve the right in our sole discretion to customize, suspend or stop, momentarily or permanently, the Website or App (or any functions or parts thereof) or the rates, delivery, or arrangement of the Products at any time.
24.1 Applicability of Arbitration Arrangement. You agree that any disagreement, claim, or ask for relief relating in any method to your gain access to or use of the Website or the App, to any products sold or dispersed through the Site or the App, or to any element of your relationship with Hi Fresh, will be solved by binding arbitration, rather than in court, other than that (1) you might assert claims or seek relief in small claims court if your claims certify; and (2) you or Hey there Fresh might seek equitable relief in court for violation or other misuse of copyright rights (such as trademarks, trade dress, domain names, trade tricks, copyrights, and patents).
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24.2 Arbitration Guidelines and Online Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Contract. To begin an arbitration proceeding, you must send out a letter requesting arbitration and explaining your disagreement or claim or ask for relief to: Hey there Fresh, c/o Legal Department, 28 Liberty Street, 10th Flooring, New York, NY 10005.
Disputes including claims, counterclaims, or demand for relief under $250,000, not inclusive of lawyers’ costs and interest, will undergo JAMS’s most present variation of the Streamlined Arbitration Rules and treatments available at all other disagreements will undergo JAMS’s most present version of the Comprehensive Arbitration Rules and Procedures, available at JAMS’s guidelines are likewise readily available at www.jamsadr.com or by calling JAMS at 800-352-5267.
If the arbitrator finds that you can not afford to pay JAMS’s filing, administrative, hearing and/or other costs and can not obtain a waiver from JAMS, Hello Fresh will pay them for you. In addition, Hi Fresh will compensate all such JAMS’s filing, administrative, hearing and/or other charges for disputes, claims, or demands for relief amounting to less than $10,000 unless the arbitrator determines the claims are frivolous.
Any judgment on the award rendered by the arbitrator may be gone into in any court of qualified jurisdiction. 24.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) figure out the scope and enforceability of this Arbitration Agreement and (b) fix any dispute associated to the analysis, applicability, enforceability or development of this Arbitration Agreement consisting of, however not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable.
The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or celebrations. The arbitrator will have the authority to give motions dispositive of all or part of any claim. The arbitrator will have the authority to award financial damages and to grant any non-monetary solution or relief readily available to a specific under appropriate law, the arbitral forum’s guidelines, and the Contract (including the Arbitration Arrangement).
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The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. 24.4 Waiver of Jury Trial. YOU AND HELLOFRESH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
An arbitrator can award on a specific basis the same damages and relief as a court and need to follow this Agreement as a court would. Nevertheless, there is no judge or jury in arbitration, and court review of an arbitration award undergoes very restricted evaluation. 24.5 Waiver of Class or Other Non-Individualized Relief.