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 one-time and recurring marketing text messages. Title Nine text messages may be related to products, events, promotions and special offers. By opting-in to the Title Nine text program, you expressly consent to receiving marketing and non-marketing messages made with an autodialer at the telephone number that you provide.
Message frequency may vary - approximately 1 message per week.
Title Nine text messages are complimentary, though message and data rates may apply depending on your phone plan with your carrier. Please contact your carrier to answer any questions about your specific pricing plan as Title Nine assumes no responsibility for charges incurred by your subscription to our text message program.
To opt-in to receiving text messages from Title Nine, please enter your mobile phone number when prompted anywhere on our site. Purchase is not required.
To stop receiving text messages from Title Nine, simply text STOP to 510-518-3001. You will receive one final text message confirming your opt-out of the text message program.
By opting in to receiving text messages, you represent that you are the account holder for the mobile telephone number or have permission from the account holder to opt-in.
Please click here for Title Nine’s privacy policy.
For help regarding the Title Nine text message program, please contact us.
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 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: [email address], or by
writing to us at [address] within thirty (30) days after you first agree to these 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
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 [email address], or by certified mail, return receipt requested to [physical
address].
(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 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: [email address], or by writing to us at [address]. 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 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 oRer or favors the Respondent, the Claimant must pay the
Respondent’s arbitration fees and costs incurred after the oRer 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 eRect 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 request online through the AAA website.
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 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 SITES.LIMITATIONS 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: July 29, 2025