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IN PARTICULAR, IT CONTAINS AN ARBITRATION CONTRACT WHICH WILL, WITH RESTRICTED EXCEPTIONS, REQUIRE DISPUTES IN BETWEEN US TO BE SUBMITTED TO BINDING AND LAST ARBITRATION. UNLESS YOU PULL OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND LOOK FOR RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR CASE; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND LOOK FOR RELIEF IN A LAW COURT AND ARE WAIVING YOUR RIGHT TO HAVE A JURY TRIAL.
THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF PRODUCT IS EXPRESSLY EXCLUDED FROM THIS CONTRACT. PLEASE KEEP IN MIND THAT THE WHITE WINE AGREEMENT IS TOPIC TO CHANGE BY HELLOFRESH IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Hey there Fresh will make a new copy of the Wine Terms available at the Website and within the App and any brand-new Supplemental Wine Terms will be provided from within, or through, the Website or within the App.
If you do not accept any modification(s) you shall stop using the Site, the App and/or the Offerings, as defined listed below. Otherwise, your continued usage of the Site, the App and/or Offerings constitutes your acceptance of such modification(s). PLEASE FREQUENTLY EXAMINE THE SITE TO VIEW THE THEN-CURRENT TERMS You need to print a copy of these conditions for future referral.
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At this time, we do decline orders from people outside the Serviced Countries. As such, by positioning an order through our Site or App, you represent and call for that you: (1) Are legally capable of entering into this Contract; (2) Are at least 21 years old; (3) Are a local of a Serviced Country; and (4) Are accessing the Website or App from a Serviced Nation.
4.1 Registering Your Account. In order to use specific features on the Site and App, people will require to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has signed up an account on the Site (“Account”) or has a legitimate account on the social networking service (“SNS”) through which the user has actually connected to the Site (each such account, a “Third-Party Account”). IF YOU ARE A CALIFORNIA HOMEOWNER, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT REACH CLAIMS WHICH THE FINANCIAL INSTITUTION DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.” SOME JURISDICTIONS DO NOT ALLOW SPECIFIC CONSTRAINT ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF HELLOFRESH SHALL BE LIMITED TO THE OPTIMUM DEGREE ALLOWED BY LAW.
IF YOU HAVE ANY QUESTIONS REFERRING TO THE LIMITATIONS OF LIABILITY, PLEASE E-MAIL [email protected] THE RESTRICTION SET FORTH IN THIS SECTION 23 SHALL NOT AFFECT LIABILITY THAT CAN NOT BE EXCLUDED OR LIMITED UNDER THE APPROPRIATE LAW/JURISDICTION, SUCH AS LIABILITY FOR INJURY OR HOME DAMAGE STRAIGHT AND PROXIMATELY TRIGGERED BY OUR ACTS OR OMISSIONS, OR FOR OUR GROSS NEGLIGENCE, OR WILLFUL MISBEHAVIOR.
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25.125.2 Applicability of Arbitration Contract. You agree that any disagreement, claim, or ask for relief relating in any way to your gain access to or use of the Site or the App, to any products offered or dispersed through the Website or the App, or to any aspect of your relationship with Hey there Fresh, will be dealt with by binding arbitration, rather than in court, other than that (1) you may assert claims or look for relief in small claims court if your claims qualify; and (2) you or Hey there Fresh may look for fair relief in court for infringement or other misuse of copyright rights (such as trademarks, trade dress, domain, trade secrets, copyrights, and patents).
25.2 Arbitration Guidelines and Forum. The Federal Arbitration Act governs the analysis and enforcement of this Arbitration Agreement. To begin an arbitration case, you must send out a letter requesting arbitration and explaining your dispute or claim or request for relief to: Hey there Fresh, c/o Legal Department, 28 Liberty Street, 10th Floor, New York City, NY 10005.
Disagreements including claims, counterclaims, or ask for relief under $250,000, not inclusive of lawyers’ costs and interest, will go through JAMS’s most present variation of the Streamlined Arbitration Rules and treatments available at all other conflicts shall undergo JAMS’s most present variation of the Comprehensive Arbitration Rules and Procedures, readily available at JAMS’s rules are likewise available at www.jamsadr.com or by calling JAMS at 800-352-5267.
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If the arbitrator finds that you can not manage to pay JAMS’s filing, administrative, hearing and/or other costs and can not get a waiver from JAMS, Hi Fresh will pay them for you. In addition, Hi Fresh will repay all such JAMS’s filing, administrative, hearing and/or other costs for disagreements, claims, or demands for relief amounting to less than $10,000 unless the arbitrator figures out the claims are frivolous.
Any judgment on the award rendered by the arbitrator might be gone into in any court of proficient jurisdiction. 25.3 Authority of Arbitrator. The arbitrator will have exclusive authority to (a) figure out the scope and enforceability of this Arbitration Arrangement and (b) fix any disagreement associated to the interpretation, applicability, enforceability or formation of this Arbitration Arrangement including, but not restricted to, any assertion that all or any part of this Arbitration Agreement is void or voidable.
The arbitration proceeding will not be combined with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to give movements dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to give any non-monetary remedy or relief readily available to a specific under appropriate law, the arbitral forum’s rules, and the Arrangement (consisting of the Arbitration Arrangement).
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The arbitrator has the exact same authority to award relief on a specific basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. 25.4 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.