Welcome to titlenine.com ("Web Site”), owned and operated by Title 9 Sports, Inc., (“Title Nine,” “we” “us”, “our,” or “ours”). Please take a few minutes to review these Terms and Conditions. These Terms and Conditions apply to your access and use of the Web Site and your placing orders with us and, along with our Privacy Notice , form a binding legal agreement between you and us. Your use of our Web Site or placing an order with us constitutes your agreement to follow these Terms and Conditions and to be bound by them.
Title Nine reserves the right to update or modify these Terms and Conditions at any time without prior notice. Those changes will go into effect on the Last Updated Date shown in the revised Terms and Conditions. By continuing to use the Web Site, you are agreeing to the revised Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site.
You must be at least 13 years old to use the Web Site or our mobile applications. If you are under the age of 13 and would like to use our Web Site or order products from us, please have an adult do so for you.
Our shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review detailed information about our shipping and processing fees.
If you call us by telephone to place an order, or for any other reason, such calls may be monitored or recorded. A notice of call recording and your agreement to our Privacy Notice will be given when you call, and by proceeding with the call you also agree to these Terms and Conditions.
We have a 60 day return policy. For more details head here , which forms a part of these Terms and Conditions.
Our Gift Cards are subject to these Terms and Conditions and information on gift cards can be found here.
Title Nine offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by text message (the "Service") on 75693. By participating in the Service, you are agreeing to these Mobile Terms & Conditions (“Mobile Terms”) and to the Privacy Policy, as well as Title Nine’s general Terms & Conditions.
Message frequency may vary. Title Nine reserves the right to alter the frequency of text messages at any time to increase or decrease the total number of messages sent, or to cease sending messages entirely.
Not all mobile devices, handsets, or carriers may be supported, and our messages may not be deliverable in all areas. Messages may not be deliverable if you add digits or symbols to our phone number. Title Nine, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
In connection with your interactions with Title Nine, including your use of Title Nine’s website and your purchase of products from the Company, you may enter into separate agreements with Title Nine. Nothing in these Mobile Terms shall be construed to limit or change in any way the scope, terms, requirements, applicability, and enforceability of such other agreements, including all releases of liability they may contain.
Title Nine is headquartered at 6201 Doyle St., Emeryville, CA 94608 and may send text messages from this address.
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. Only United States mobile numbers are eligible to participate. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Title Nine reserves the right to stop offering the Service at any time with or without notice. Title Nine also reserves the right to change the short code, phone number, or RCS agent from which messages are sent, and we will notify you when we do so.
By opting into the Service, you further:
Once you affirm your choice to opt-in to the Service on 75693, the timing and frequency of messages may vary based on your interactions and initiated texts. You may receive alerts about:
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Title Nine may add or remove any wireless carrier from the Service at any time without notice. Title Nine and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To stop receiving text messages from Title Nine, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 75693 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from Title Nine. You can also contact us at 1-800-342-4448 or email thefolks@titlenine.com . These are the exclusive methods for opting out. After opting out, you will receive one additional message confirming that your request has been processed.
You can text HELP for help at any time to 75693. This will provide you with toll-free number 1-800-342-4448 and email thefolks@titlenine.com . You can also contact us at Title 9 Sports Inc. 6201 Doyle Street Emeryville, CA 94608.
These Mobile Terms and Conditions are subject to change at any time without notice. .
Any other policies set forth in our Web Site, or otherwise communicated to you via social media, including but not limited to contests, sweepstakes, sales, or other specials, are all subject to these Terms and Conditions, and by participating in them you agree to be bound by these Terms and Conditions.
We welcome your comments about our Web Site. However, any comments, feedback, notes, messages, ideas,
suggestions or other communications (collectively "Comments") sent to our Web Site shall be and remain
the exclusive property of Title Nine. Your submission of any such Comments shall constitute an
assignment to Title Nine of all worldwide rights, titles and interests in all copyrights and other
intellectual property rights in the Comments.
Title Nine will be entitled to use, reproduce, disclose, publish and distribute any material you submit
for any purpose whatsoever, without restriction and without compensating you in any way. For this
reason, we ask that you not send us any comments that you do not wish to assign to us, including any
confidential information or any original creative materials such as stories, product ideas, computer
code or original artwork.
You are responsible for your use of the Web Site, and for any use of the Web Site made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Web Site, you may not:
The Web Site may allow you to upload, submit, store, send, or receive content and data ("User Content").
You retain ownership of any intellectual property rights that you hold in that User Content.
When you upload, submit, send, or receive User Content to or through the Web Site, you give us
permission to reproduce and use your User Content as follows: you grant to us and those we work with a
license to use, host, store, reproduce, modify, create derivative works (such as translations,
adaptations, or other changes we make so that User Content works better with the Web Site), publicly
perform, publicly display, and distribute your User Content. This license is for the purpose of
operating and improving the Web Site, to develop new products and services, and for other Title Nine
marketing purposes, including without limitation in catalogs, email and other customer communications,
store materials and other marketing.
We may display advertisements in connection with your User Content or on pages where your User Content
may be viewed by you or others, and we may use your User Content to advertise and promote Title Nine or
the Web Site.
Our license to your User Content is non-exclusive, meaning you may use the User Content for your own
purposes or let others use your User Content for their purposes. This license is fully-paid and royalty
free, meaning we do not owe you anything else in connection with our use of your User Content. We may
exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning
that our rights under this license continue even after you stop using the Web Site.
You promise that:
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Web Site for any reason.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
To the extent our Web Site contains hyperlinks to outside services and resources, the availability and content of which Title Nine does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
THIS WEB SITE AND ALL CONTENT AVAILABLE ON THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR
FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU
ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEB SITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME
FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT
YOU USE IN CONNECTION WITH YOUR USE, AND THAT TITLE NINE AND ITS OFFICERS, EMPLOYEES, DIRECTORS,
SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEB SITE.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TITLE NINE AND ITS AFFILIATES MAKE
NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH
THE WEB SITE OR MOBILE APPLICATIONS, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR
INTEGRATED WITH THE WEB SITE OR MOBILE APPLICATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
TITLE NINE AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEB SITE OR
MOBILE APPLICATIONS; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION
OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEB SITE OR MOBILE APPLICATIONS; (e)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEB SITE OR
MOBILE APPLICATIONS BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEB SITE OR MOBILE APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TITLE NINE OR ITS AFFILIATES BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE
WEB SITE OR MOBILE APPLICATIONS, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF
LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of
liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you.
To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability,
the scope and duration of such warranty and the extent of our liability will be the minimum permitted
under such law.
The prices displayed on our Web Site may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store.
Occasionally we will offer special promotions to our customers that we refer to as "special offers" or "special offer". This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.
From time to time there may be information on our Web Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Title Nine reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.
We hold our relationships with our customers and all others using the Sites in the highest regard. On
occasion, a third party may be necessary to help resolve Disputes (defined below) that may arise between
you and Company, and this Section of the Mobile Terms & Conditions (the “arbitration agreement”) limits
you and Company to arbitration (or small claims court, if a claim qualifies) in all such instances. This
arbitration agreement constitutes a separate agreement between you and Company which shall be
interpreted and enforced without reference to any other provision of the Terms.
YOU AND COMPANY AGREE THAT ALL DISPUTES WHICH CANNOT BE RESOLVED INFORMALLY MUST BE RESOLVED THROUGH
BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT ONLY, AND YOU AND COMPANY WAIVE ALL RIGHTS TO A
JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION OR CONSOLIDATED PROCEEDING.
All Disputes Covered. The term "Disputes" is defined broadly to include, without limitation, all
disputes, complaints, claims, and controversies of any type, including, but not limited to, statutory,
regulatory, constitutional, contractual, common law, and tax related claims and controversies, as well
as those involving allegations of negligence, fraud, and misrepresentation.
All Persons and Entities Covered. This arbitration agreement extends to all agents, attorneys,
contractors, subcontractors, employees, service providers, and all others acting on behalf of you or
Company, including those on whose behalf you visit the Sites. In addition, it is binding on the heirs,
successors, agents, and assigns of you and Company, as well as all corporations and other business
entities related in any way to Company (including, but not limited to, parents, subsidiaries, and
sibling corporations). If a Dispute involves parties who are not subject to this arbitration agreement,
the involvement of such parties shall have no impact on the obligation imposed by this arbitration
agreement on you, the Company, and all other persons or entities covered by it.
Governing Law. This arbitration agreement is governed exclusively by the Federal Arbitration Act
(FAA), 9 U.S.C. §§ 1 et seq., and not any state or local laws. You and Company agree that this
arbitration agreement involves interstate commerce under the FAA.
Opt-Out Rights. You have the right to opt out of this arbitration agreement by sending a written
notice expressly stating “I opt out of the arbitration requirement” or words to that effect to: thefolks@titlenine.com, or by writing to us at 6201 Doyle St., Emeryville, CA 94608 within thirty (30) days after you first agree to these Mobile
Terms & Conditions. Opting out of this arbitration agreement has no effect on any other arbitration
agreements that you may currently have, or may enter in the future, with Company, nor does it eliminate
or change any other rights or requirements of the Mobile Terms & Conditions.
Mandatory Informal Settlement Process. Before initiating an arbitration or small claims court
case, you and Company must first participate in the informal dispute resolution process as follows:
(a) To start the informal settlement process, the party initiating any Dispute (“Claimant”) must send a
signed, written statement (“Claim Statement”) to the other party (“Respondent”). The Claim Statement
must include the Claimant’s full name, mailing address, email address, the date(s) the Dispute arose, a
detailed explanation of the facts relevant to the Dispute, and a proposal for resolving it, including
any claimed amount and how that amount was calculated. The Respondent may request additional
information, and the Claimant agrees to reasonably investigate and provide additional information
responsive to the Respondent’s request. You agree to send Claim Statement by email to Company thefolks@titlenine.com, or by certified mail, return receipt requested to 6201 Doyle St., Emeryville, CA 94608.
(b) If the Claimant is represented by an attorney, the Claim Statement must authorize the Respondent to
share information about the Dispute with the named attorney. The Claimant’s attorney must sign the Claim
Statement under oath or penalty of perjury, in accordance with 28 U.S.C. § 1746 or similar state laws,
certifying compliance with Rule 11 of the Federal Rules of Civil Procedure (“Rule 11”). The certified
Claim Statement will be admissible in any arbitration or other proceeding related to or arising out of
the Dispute.
(c) Once a Claim Statement meeting the requirements of this arbitration agreement is received by the
Respondent, the Claimant and Respondent shall work in good faith to resolve the Dispute for a period of
at least 60 days. Sending the Claim Statement pauses any applicable statutes of limitations for this
60-day period starting from the date the Respondent receives a Claim Statement compliant with these
requirements.
(d) Failure to complete in good faith the informal settlement process is a material breach of this
arbitration agreement and the Mobile Terms & Conditions. Any arbitration or small claims court action
filed under this arbitration agreement must state affirmatively that the Claimant has completed in good
faith the informal settlement process. No arbitrator may be appointed to hear a Dispute nor any small
claims court action filed if the requirements of the informal settlement process have not been
satisfied.
(e) At the end of the informal settlement process, unresolved Disputes from the Claim Statement, and no
others, can then and only then be pursued on an individual basis only either in (1) binding individual
arbitration (as provided for below), or (2) small claims court, if the requirements for proceeding in
small claims court are satisfied.
No Class Actions. TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS SPECIFIED IN THE MASS ARBITRATION
RULES, BELOW, YOU AND COMPANY AGREE THAT ALL DISPUTES MUST BE RESOLVED INDIVIDUALLY, AND NOT VIA CLASS
ACTION, EVEN IF THE REQUIREMENT TO ARBITRATE IS FOUND TO BE UNENFORCEABLE FOR ANY REASON.
This means that in connection with any and all Disputes: (a) neither you nor Company can file or
participate in a class action, consolidated action, or representative action; (b) an arbitrator cannot
combine claims from multiple claimants or oversee a consolidated, class, or representative action; and
(c) an arbitrator’s decision or award will apply only to a specific claimant’s Dispute and no others.
This section does not limit the relief available to you or Company in individual arbitration or small
claims court, nor does it restrict either party’s right to settle Disputes by mutual agreement,
including through class-wide settlements via mediation or other means.
Fees and Costs. You and Company are each responsible for their own costs and attorneys’ fees in
connection with all Disputes. However, either party may seek to recover such fees and costs if allowed
by applicable law or arbitration rules. If an arbitrator finds that a claim or counterclaim was made or
prosecuted in bad faith, for an improper purpose, to exert undue pressure, or was entirely frivolous,
the arbitrator may award costs, arbitration fees, and attorneys’ fees to the defending party to the
fullest extent permitted by applicable law or arbitration rules.
Changes to Arbitration Agreement. If Company changes this arbitration agreement after you last
accepted
the Terms, you can reject those changes by sending written notice within 30 days of the effective date
of such changes to: legal@titlenine.com, or by writing to us at 6201 Doyle Street, Emeryville, CA 94608.
The notice must include your full name, e-mail address and mailing address, and clearly state that you
reject the arbitration agreement changes. By rejecting these changes, you agree to arbitrate any dispute
based on the version of the arbitration agreement that was in effect when you last agreed to the Terms.
Rejecting arbitration agreement changes has no effect on any other provision of the Mobile Terms &
Conditions.
Improperly Commenced Arbitration. If either party believes the other party has started or is
about to start an arbitration in violation of this arbitration agreement (including the Mass Arbitration
Rules set forth below), you and Company agree that that party can request a court order to stop the
arbitration and that any arbitration related to such a court action shall be stayed until the court
action is concluded. The court in such action shall have the authority to order the payment of costs and
reasonable attorneys’ fees upon a finding that an arbitration was knowingly commenced in violation of
this arbitration agreement.
Survival. The arbitration agreement will survive and remain in effect even after your
relationship with Company has ended and despite any action seeking to terminate any agreement between
you and Company.
Severability. Except as expressly provided in the Mass Arbitration Rules, below, if any part of
the arbitration agreement is found to be unenforceable, the remaining provisions will still apply to the
fullest extent allowed by law.
General Rules. In arbitration, there is no judge or jury, but the arbitrator has the authority to
hear all Disputes and grant the same relief a court could. The arbitrator must interpret and apply the
Terms and this arbitration agreement just as a court would. The results of an arbitration shall have no
effect on other Disputes between you and Company, and shall not be binding in any Disputes involving
Company and parties other than you. Any court with proper authority and jurisdiction can enforce this
arbitration agreement, including any matters related to Mass Arbitration, as defined below. The court
shall have full authority to prevent the filing or continuation of any arbitration and the imposition of
fees and costs associated with any arbitration threatened or commenced in violation of this arbitration
agreement. All decisions by an arbitrator, including any awards, can be enforced or confirmed in any
court with proper jurisdiction, but they shall have no precedential effect in any other arbitration.
Delegation. Except as expressly provided in connection with the Mass Arbitration Rules below, all
matters relating to the existence, scope, and enforceability of this arbitration agreement shall, to the
fullest extent permitted by law, be decided in arbitration. This provision does not limit either party’s
right to challenge in a court of competent jurisdiction an improperly threatened or commenced
arbitration. The determination of these issues in one arbitration shall not be binding or admissible in
any other arbitration.
Offer of Settlement. In any arbitration or small claims action between you and Company, the
Respondent may choose to make a written settlement offer at any time after the initiation of an
arbitration but is under no obligation to do so. The settlement offer amount and its terms will not be
revealed to any arbitrator or small claims court until after an award (including any dispositive
decision) is made. To the fullest extent permitted by law, if the award is less than the settlement
offer or favors the Respondent, the Claimant must pay the Respondent’s arbitration fees and costs
incurred after the offer to the fullest extent permitted by law and governing arbitration rules.
Individual Versus Mass Arbitrations. The arbitration process will vary depending on whether the
Dispute is pursued individually or as part of a Mass Arbitration (defined below). These individual
arbitration rules (set forth below) do not apply to Disputes that are part of a Mass Arbitration except
in connection with the limited bellwether arbitrations described in the Mass Arbitration Rules.
AAA Arbitrations. If the American Arbitration Association (“AAA”) is for any reason whatsoever
unavailable, unable, or unwilling to handle an arbitration assigned to it under this arbitration
agreement (including as a result of any aspect of this arbitration agreement which does not meet with
the AAA’s approval), or otherwise finds that it cannot arbitrate a Dispute, you and Company will
negotiate in good faith to choose an alternative arbitrator or organization to conduct the arbitration
in accordance with the requirements of this arbitration agreement. If no such choice can be agreed upon,
the parties shall jointly ask a court to appoint an arbitrator or arbitration organization under 9
U.S.C. § 5 to conduct the arbitration in accordance with the requirements of this arbitration agreement.
Individual Arbitration Rules. All individual arbitrations (those not subject to the Mass
Arbitration Rules, below) shall be before a single arbitrator of the AAA. Arbitrations involving
consumers will be governed by this arbitration agreement and the AAA Consumer Arbitration Rules
(“Consumer Rules”) and the AAA Consumer Due Process Protocol. However, the Consumer Rules shall only
apply if the Dispute involves or is related to goods or services offered or purchased for personal or
household use, and not goods or services offered or purchased for any other use or purpose, including in
support of a business, job, or profession or for resale. Arbitrations not governed by the Consumer Rules
shall be governed by this arbitration agreement and the AAA Commercial Arbitration Rules and the AAA
Optional Appellate Rules. If there is a conflict between this arbitration agreement and any applicable
AAA rules and protocols, the terms of this arbitration agreement shall control.
For consumer arbitrations where claims or counterclaims are under $15,000 USD each (exclusive of
attorneys’ fees, costs, injunctive relief, and punitive or exemplary damages), the case will be decided
without appearances, based only on submitted documents (including sworn statements) under R-29 of the
Consumer Rules (or its successor under the AAA Consumer Rules). However, the arbitrator may permit
reasonable and appropriate discovery (proportionate to the Dispute amount and not imposing undue cost or
hardship on either of the parties), and may also allow a hearing by phone or video conference, unless,
in the arbitrator’s sole discretion, fairness requires an in-person hearing and the cost of an in-person
hearing is reasonable compared to the Dispute amount.
All decisions by an arbitrator, including any awards, can be enforced or confirmed in any court with
proper jurisdiction, but they shall have no precedential effect in any other arbitration.
To begin an arbitration with the AAA, the informal settlement process outlined above must first be
completed. Afterward, the claiming party must send a letter describing the Dispute, including any amount
claimed, and requesting arbitration to the American Arbitration Association Case Filing Services, 1101
Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or by filing a reques
Any attorney representing a Claimant must sign, under oath or penalty of perjury, a Rule 11
certification with regard to the arbitration demand, which certification shall be included with any
arbitration demand under this arbitration agreement. This certification will be admissible in any
arbitration or court proceeding, and the arbitrator shall have the authority to impose sanctions as
provided for by Rule 11 to the fullest extent permitted by governing arbitration rules.
Mass Arbitration Rules. If 25 or more claimants (each a “Mass Arbitration Claimant”) or their
lawyers file or disclose to Company an intention to file demands for arbitration against Company raising
substantially identical Disputes, and counsel for the claimants are the same or coordinated across these
Disputes (a “Mass Arbitration”), these special Mass Arbitration Rules shall exclusively govern, to the
exclusion of any other rules applying to mass arbitrations published by any arbitration organization,
including the AAA.
Any dispute concerning whether these Mass Arbitration Rules apply or challenging the enforceability of
any of these Mass Arbitration Rules may only be resolved by a court of competent jurisdiction, and no
arbitrator shall be appointed in the event of a dispute concerning the enforceability of these Mass
Arbitration Rules in the absence of such a court determination except by written agreement of the
parties.
Each Mass Arbitration Claimant must satisfy the informal settlement process outlined above before
proceeding to arbitration, including the requirement of a signed certification of counsel under oath or
penalty of perjury (consistent with 28 U.S.C. § 1746 or similar state laws) of compliance with Rule 11.
Arbitrators in any resulting arbitrations will have the authority to impose sanctions as allowed by Rule
11 to the fullest extent permitted by governing arbitration rules. Lawyers representing the Mass
Arbitration Claimants shall also certify, under oath, that no other attorney represents any of the Mass
Arbitration Claimants in connection with Disputes raised during the informal settlement process.
If the informal settlement process fails for any of the Mass Arbitration Claimants, counsel for the
parties will each select up to three (3) Mass Arbitration Claimants (totaling no more than six (6) with
an equal number selected by counsel for the Mass Arbitration Claimants and counsel for Company) for
bellwether arbitrations which will be decided individually under the Individual Arbitration Rules,
above, with each case assigned to a diRerent arbitrator. Any other arbitration claims which have been
filed by other Mass Arbitration Claimants shall be dismissed without prejudice before the bellwether
arbitrations can commence.
All bellwether arbitrations must be completed within 120 days of their commencement unless otherwise
agreed in writing. No further arbitration demands can be filed by Mass Arbitration Claimants during the
pendency of the bellwether arbitrations or during the subsequent mandatory mediation process described
next.
After the bellwether cases are resolved, the parties’ counsel will promptly participate in good faith in
non-binding, confidential mediation for at least 60 days to resolve all remaining Disputes of the Mass
Arbitration Claimants. This mediation will be conducted by a mediator mutually agreed to by counsel for
the parties.
To prevent the Disputes asserted by the Mass Arbitration Claimants from expiring, all statutes of
limitation for their Disputes will be paused until the completion of the informal settlement process,
the bellwether arbitrations, and mandatory mediation, as described above.
Mass Arbitration Claimants whose claims remain unresolved after mediation can only pursue their disputes
in small claims court (if eligible) or through a documents-only arbitration with FairClaims, Inc. (and
not with the AAA or any other arbitrator or arbitration sponsoring organization). The applicable
FairClaims rules shall be either those for Small Claims or the Fast Track rules depending on the claim
amount, as set forth here. Decisions from the bellwether arbitrations can be used in FairClaims
arbitrations for their persuasive value only, but shall not be binding. Discovery obtained in the
bellwether cases may be used in connection with FairClaims arbitrations subject to appropriate
confidentiality protections.
Each of the requirements of these Mass Arbitration Rules are material and mandatory, including the use
of FairClaims for unresolved Disputes. If any such requirement is determined to be unenforceable for any
reason in a court decision as to which further review is foreclosed, and as to which all available
motions, appeals, and petitions for review have been resolved fully or not timely pursued (a “Final
Determination”), all unresolved Disputes between the Mass Arbitration Claimants and Company shall be
resolved in the courts of [state]. Company shall have the right to request such a case be removed to
federal court if it so qualifies. In any court action filed under this provision as a class action and
qualifies as such, the class of plaintiffs shall be strictly limited to Mass Arbitration Claimants who
have satisfied the informal settlement process and whose disputes remain unresolved after mediation.
If any arbitrations filed by or for Mass Arbitration Claimants are still pending after a Final
Determination, those Mass Arbitration Claimants must immediately dismiss their arbitrations without
prejudice. A ruling that the Mass Arbitration Rules or any aspect of them are unenforceable will not
aRect the validity or enforceability of any other parts of this arbitration agreement or any other part
of the Mobile Terms & Conditions.
LIMITATIONS ON WARRANTIES
A. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) ARISING OUT OF OR RELATING TO THE SITESLIMITATIONS ON LIABILITY
A. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS RELATED BUSINESS ENTITIES (INCLUDING PARENTS, SUBSIDIARIES, SIBLINGS, AND AFFILIATES), EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES.INDEMNIFICATION
A. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY, ITS AFFILIATES, AND ALL OF THEIR OFFICERS, DIRECTORS, AGENTS, SUPPLIERS, AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, EXPENSES, AND ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITES.Any action relating to the use of the Web Site, catalogs or any transaction with Title Nine must be
brought in the state or federal courts located in the County of San Francisco, California. You consent
and submit to the personal jurisdiction of such courts for the purposes of any such action.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of
California, without giving effect to any conflict of laws rules or provisions.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in
part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that
provision will be deemed severable from these Terms and Conditions and will not affect the
enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us
from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms and Conditions, including in connection with
a merger, acquisition, sale of assets or equity, or by operation of law.
Last Updated And Effective: January 23, 2026