PLEASE NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION AFFECTS HOW DISPUTES WITH PUPBOX ARE RESOLVED. YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE TERMS CAREFULLY.

PupBox is owned and operated by FabFitFun, Inc. These Terms of Use (the "Terms") govern, among other things, your access and use of any PupBox website (each a "Site") or any PupBox mobile application (each an "App") operated by PupBox (collectively, with FabFitFun, Inc., “the Company,” “we,” or “us”). The Sites and Apps are collectively referred to in these Terms as “Services.” The terms "you" and "your," as used herein, refer to all individuals and/or entities accessing or using the Services for any reason or otherwise providing assent. You agree, without limitation or qualification, to be bound by these Terms and by the FabFitFun Privacy Policy, which is incorporated herein by reference, by accessing or using the Services, or otherwise providing assent, regardless of whether you become a registered user of the Services or purchase a Subscription (as defined below). If you do not accept, please do not access or use the Services or otherwise assent. Your use of the Services may be subject to additional terms in connection with certain programs, goods, or services associated with the Company.

The Company may revise these Terms at any time without prior notice. You will be deemed to have accepted those changes by, among other things, continuing to access or use the Services. You agree to comply with all applicable laws and regulations. The materials provided on or through the Services are protected by law, including, but not limited to, United States copyright laws and international treaties. Your use of the Services may be subject to additional terms in connection with certain programs, goods, or services associated with the Company.

THE SUBSCRIPTION (AS DEFINED BELOW) IS FOR A ONE-, THREE-, SIX-, OR TWELVE-MONTH TERM, DEPENDING ON YOUR SELECTION. ALL SUBSCRIPTIONS WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL TERM EQUAL TO YOUR EXISTING TERM, UNLESS CANCELLED IN ACCORDANCE WITH THE CANCELLATION POLICY BELOW IN SECTION 5. FOR EXAMPLE, A THREE-MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE INITIAL THREE-MONTH TERM, FOR AN ADDITIONAL THREE-MONTH TERM. SEE SECTION 4 FOR RECCURING PAYMENT INFORMATION.

1. About the Services

   PupBox offers a subscription service (the “Subscription”) that delivers customized subscription boxes, products, and training information to pet owners, based on their pet’s stage of development and physical characteristics. Individuals who visit the Site, complete PupBox’s account registration process, purchase a Subscription, or otherwise access the Services, are referred to in these Terms as “Users.”

2. Eligibility and Use

   You must be 18 years of age or older to visit or use the Services in any manner. By accessing or using the Services or otherwise accepting these Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms.

   The Company provides you with access to and use of the Services subject to your compliance with the Terms. You also represent and warrant to the Company that you will use the Services in a manner consistent with any and all applicable laws and regulations. You are responsible for the consequences of your communications, uploads, transmissions and posting of information on or through the Services and for any use of the Services by anyone using your login information.

3. Use Restrictions

   The contents on the Services, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from the Company’s licensors, and other materials ("Materials") are protected by copyright under both United States and foreign laws. Title to the Materials remains with the Company. Any use of the Materials not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

   Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any such Materials from the Services in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Services and to use the information and services contained on the Services subject to your compliance with these Terms. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Services for any purpose, subject to the express provisions of these Terms.

   You may not distribute or make the Services available over a network where they could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates thereto, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by PupBox that replace and/or supplement the original Services, unless such upgrade is accompanied by separate or updated terms. If you violate any of these Terms, your permission to use the Materials automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials.

   You may not, without the Company’s written permission, "mirror" any Materials contained on the Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.

4. Recurring Payment Processing, Billing and Auto-Renewal

   WHEN YOU SIGN UP FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING UP FOR A SUBSCRIPTION PROGRAM AND THAT EACH MONTH DURING YOUR SUBSCRIPTION TERM, THE COMPANY WILL CHARGE THE APPLICABLE MONTHLY FEE (PLUS APPLICABLE TAXES AND CHARGES) TO THE PAYMENT METHOD YOU DESIGNATE OR THAT YOU OTHERWISE HAVE ON FILE WITH THE COMPANY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING IT FOR ANY REASON. YOU MAY CHOOSE BETWEEN A ONE-MONTH, THREE-MONTH, SIX-MONTH, OR TWELVE-MONTH SUBSCRIPTION.

   ALL SUBSCRIPTIONS ARE CHARGED FOR ON A MONTHLY BASIS BUT AUTOMATICALLY RENEW AT THE END OF THE SUBSCRIPTION TERM FOR A PERIOD THAT IS THE SAME LENGTH AS THE INITIAL TERM (I.E., A TWELVE-MONTH SUBSCRIPTION WILL RENEW FOR AN ADDITIONAL TWELVE MONTHS), UNLESS CANCELLED IN ACCORDANCE WITH THE CANCELLATION POLICY BELOW (SECTION 5).

   The charge for the monthly Subscription fee will be billed to the primary payment method you provide when signing up for your Subscription. If we are unable to complete your Subscription monthly fee payment with the payment method provided, we will notify you through the email address associated with your Subscription. If we are unable to get an updated payment method, your Subscription will be cancelled and will remain inactive until you resume your Subscription through your online account, or by contacting [email protected], and providing an updated payment method for recurring payments. The Company is not responsible for any fees or charges issued by the customer’s financial institution. In the event of a returned or voided payment, the Company will directly charge the card on file for overdue balances.

   You can view your Subscription plan, monthly price, next payment due date, and next auto-renewal date on your PupBox.com “My Account” page. You can also contact us at [email protected] with any questions regarding your Subscription.

5. Cancellation

   As referenced above, your Subscription will automatically renew at the end of each term for a period equal to your initial subscription term, until you cancel.

   YOU MAY CANCEL YOUR SUBSCRIPTION ONLINE AT ANY TIME BY EMAILING [email protected] OR VISITING YOUR MY ACCOUNT PAGE ON PUPBOX.COM. CANCELLATION OF YOUR SUBSCRIPTION WILL APPLY AT THE END OF YOUR EXISTING TERM AND YOUR SUBSCRIPTION TERM WILL NOT AUTOMATICALLY RENEW THEREAFTER.

   After cancellation, you will have access to all Subscription benefits and continue to be responsible for payment of the applicable monthly fee throughout the remainder of that term. Cancellations must be made before your Subscription is due to auto-renew, in order to prevent your Subscription from renewing.

6. Termination by PupBox

   We reserve the right to terminate, revoke or cancel your Subscription for any reason at any time, without notice and without any liability, including as a result of violation of these Terms, or violation of any other applicable terms and conditions.

7. Taxes

   We will collect applicable taxes on the Subscription for which we determine we have a duty to collect such taxes. Taxes and any other charges are separate from the base price of the Subscription.

8. Shipping; Refunds

   Your Subscription box will ship within approximately one week of your payment successfully processing. Shipping times vary. To inquire about tracking your shipment, please contact us at [email protected] or visit your My Account page on our Site. All items purchased from the Company are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

   We do not offer full or partial refunds for our Subscriptions, and we do not accept returned items, unless specifically set forth herein.

9. Changes

   The Company reserves the right to cancel or modify the Subscription at any time. The Company will provide you with notice of any material change in the Subscription. You agree that the Company may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services or any part thereof, and any Materials, temporarily or permanently, without notice or liability to you.

10. Copyright and Trademarks

    The Services, and all content or Materials available through the Services, are protected by copyright. Unless specified otherwise on the Services or except as permitted by United States copyright law, no portion of the Services may be copied, republished, transmitted, or distributed in any way without the Company’s prior written consent. Any such use of the Service's content or Materials for any purpose not authorized under these Terms is a violation of the copyrights of the Company (or other entities where so indicated).

    Permission for all uses of the Services other than as expressly authorized under these Terms, including linking to any page on the Services other than the home page, must be obtained from the Company in advance. Any such request should be submitted via email to [email protected]. The use of the Services, or any content or Materials available hereon, on any other website or networked computer environment is prohibited. All design rights, compilation rights, and other intellectual property rights in and to the Services, in each case whether registered or unregistered, and related goodwill, are proprietary to the Company or its licensors.

    All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to the Company or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the Company or the appropriate owner thereof.

11. User Submissions

    The personal information you submit to the Company is governed by our Privacy Policy. To the extent there is an inconsistency between these Terms and the Privacy Policy, the Privacy Policy shall govern.

    Your voluntary provision to the Company of your cell phone number represents your consent that we may contact you by SMS or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes. You may review FabFitFun’s Text Message Program Terms in full here. You understand and agree that text messages may be sent to you using automated technology. You may unsubscribe from receiving text messages from us at any time by replying “STOP” to text messages. If you need assistance, contact PupBox at [email protected]. If you unsubscribe from receiving text messages from us, you may continue to receive text messages for a short period while the Company processes your request(s). When you provide any phone number to the Company, you warrant that you are the current subscriber or authorized user of the phone number. If you change, forfeit, or deactivate the phone number you provided to the Company, you agree to notify us immediately. Failure to do so constitutes a material breach of these Terms.

    Except as otherwise set forth in the applicable terms, the Company does not claim ownership of any information or material a user provides to it or posts, uploads, input, submits, or transmits to the Services ("Submission"). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another's privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collect information about others, including email addresses, without their consent; (g) post the same note more than once or otherwise engage in "spamming"; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of the Company, exposes it or any of its licensors, partners, or customers to any liability or detriment of any type.

    By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by the Company. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—to the Company a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, the Company is not required to use any Submission.

    You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. The Company is not responsible for the consequences of any Submission. The Company is not responsible for screening or monitoring Submissions made to the Services by users. If notified by a user of a Submission allegedly in violation of these Terms, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. The Company will have no liability or responsibility to users for performance or nonperformance of such activities.

    The Company reserves the right (but is not obligated) to: (a) record the dialogue on the Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user's access to any or all parts of the Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Services, regardless of whether such Submission violates these Terms.

12. Unsolicited Ideas

    The Company’s policy is to not accept or review unsolicited ideas or suggestions from persons outside the Company, including ideas for new products or services. You should not transmit any material to the Services that you consider to be confidential or proprietary. Notwithstanding such policy, any material, ideas, suggestions, know-how, or concepts that are offered or communicated to us through the Services or otherwise shall be the property of the Company, and may be treated by the Company as non-confidential and non-proprietary.

    Except as expressly provided in the applicable Privacy Policy or as set forth in otherwise applicable terms, you give the Company an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such information. You further agree that the Company has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (or those who act on your behalf) transmit to the Services.

13. Promotions

    Any and all offers or promotions advertised on the Services are void where prohibited by law, and are subject to the posting of any official rules and additional terms pertaining to such offers or promotions.

14. Colors

    While the Company strives to display as accurately as possible the colors of the products shown on the Services, it cannot guarantee that the colors shown on the Services exactly reproduce the colors of its products. This may depend on the color reproduction on your computer or mobile device.

15. Terms of Sale

    We reserve the right to refuse to process or complete any order you place with us for any reason. For example, we may reject your order if we know or suspect that you intend to resell some or all of the products specified in your order as a part of a commercial business. You may only place orders via the Services for private and domestic purposes. We expressly prohibit purchases for resale and/or reselling any Company product as part of any business (including any online business) unless expressly agreed to in writing by the Company.

16. Pricing, Offers, and Selections

    Regular and sale prices, offers, and selections found on the Services may vary from those found, for example, at retail stores and in local advertisements. Prices, offers, and selections on the Services are subject to change without prior notice.

17. International Use

    We control and operate the Services from our offices in the United States, and all information is processed within the United States. We do not represent that materials on the Services are appropriate or available for use in other locations. Those who choose to access the Services from outside the United States do so voluntarily and are responsible for compliance with their local laws.

    Access to the Services from jurisdictions where the contents of the Services are illegal or penalized is prohibited. No information from the Services may be downloaded or otherwise re-exported (a) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By using information from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

18. Pet Pharmacy/Health Content

    All content available in any pet pharmacy portion of the Services, or in any other health portion of the Services, is provided for informational purposes only. Such information is not intended to be, and is not, professional veterinarian advice or a substitute for such advice, or for diagnosis, treatment, cure, or prevention of any health conditions for your pet or any other animal, and you should not rely on them as such. You should always seek the advice of a veterinarian if you have any questions about any of the information you receive from the Services. The Company does not represent or guarantee that such information is accurate, complete, or timely.

19. Disclaimers; Limitation of Liability

    The Materials available on the Services are provided for informational purposes only. Use of the Services or the Materials is at your own risk. The Materials on the Services could include inaccuracies or typographical errors and may not be complete or current. The Company reserves the right to correct any inaccuracies, errors, or omissions and to change and update information at any time without prior notice (including after you have submitted your order). If you are not fully satisfied with your purchase, you may return it consistent with our return policy. Should a product be listed at an incorrect price or a promotional offer be incorrect due to typographical error or systems error, the Company shall have the right to refuse or cancel any orders based on those errors.

    THE MATERIALS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIALS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

    THE COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIALS OR CONTENT FROM THE SERVICES.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ASSUMES NO AND DISCLAIMS ALL LIABILITY, WHETHER IN CONTRACT, WARRANTY, STATUTE, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR UNDER ANY OTHER LEGAL THEORY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH OR ARISING FROM THE SERVICES OR ANY ACT OR OMISSION BY THE COMPANY, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OR THE PRIVACY POLICY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY’S MAXIMUM AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID PUPBOX IN THE PRIOR 12 MONTHS.

20. Indemnity

    To the maximum extent permitted by applicable law, you hereby agree to defend, indemnify, and hold the Company and its respective officers, directors, employees, agents, information providers, licensors and licensees, and partners, harmless from and against any and all claims, losses, actions, demands, liabilities, damages, costs, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or Materials, or your violation of these Terms. You shall cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

21. Your Account

    If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your PupBox account. You agree to accept responsibility for all activities that occur under your account or password. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

22. Contact with Third Parties and Third Party Websites

    The Services may contain hyperlinks to other websites and webpages ("Third Party Pages"), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third parties (collectively, "Third Party Applications"). The Company does not investigate, monitor, or review any Third Party Pages or Third Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for Third Party Pages or any Third Party Applications accessed through the Services. You agree that the Company shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence or integration of any such third party on the Services.

    The inclusion of any hyperlinks to any Third Party Pages or Third Party Applications on the Services does not indicate the Company's approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Services, or based on such third party's participation or presence on the Services, are solely between you and the third party. The Company has no control over these Third Party Pages or Third Party Applications independent of it. The Company makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Services to access any Third Party Pages or Third Party Applications, you should review their respective terms and privacy policies, and you access those Third Party Pages or Third Party Applications at your own risk.

23. Termination

    The Company reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, without prior notice at any time for any reason. Upon any such termination, you must destroy any content obtained from the Services and all copies thereof. The provisions of these Terms relating to Use Restrictions, Copyright & Trademarks, User Submissions, Unsolicited Ideas, Disclaimers, Limitation of Liability, Indemnity, Applicable Laws, and Mandatory Dispute Resolution shall survive any termination.

24. General

    The Company makes no claims that the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

    These Terms govern our relationship with you, along with any additional terms in connection with certain programs, goods, or services associated with the Company. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms, and you agree that you shall have no remedy with respect to any such representation not included in these Terms. Except as provided in Section 26 (Mandatory Dispute Resolution), each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances.

25. Applicable Laws

    These Terms are governed in accordance with the laws of the State of California without regard to its conflict of law provisions, unless the laws of your jurisdiction require that those laws apply. To the extent that any claims could be brought in court and except with respect to matters that can be heard in small claims court, you and the Company hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts located in the Southern District of California for the adjudication or disposition of any claim, action or dispute arising out of the Services or these Terms, including the Company’s Privacy Policy. The Federal Arbitration Act will govern the interpretation and enforcement of the arbitration agreement in Section 26 (Mandatory Dispute Resolution). Except as provided in Section 26 (Mandatory Dispute Resolution), if any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision of these Terms shall be deemed or construed a further or continuing waiver of such term or condition; of any other term or condition; or of any proceeding or succeeding breach of any provision in these Terms.

26. Mandatory Dispute Resolution

    PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT 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 PRE-DISPUTE RESOLUTION, BINDING ARBITRATION AND A CLASS ACTION WAIVER.

    IRRESPECTIVE OF ANY LAW TO THE CONTRARY, YOU MUST PROVIDE NOTICE TO THE COMPANY, PURSUANT TO THE PROCEDURES SET FORTH IN THIS SECTION, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM SHALL BE WAIVED AND TIME-BARRED.

    Pre-Dispute Resolution Process: Should you and the Company have a Dispute (as defined below), the Company is committed to engaging with you to resolve it. Therefore, for any Dispute that arises between you and the Company, the parties agree that they will first make a good faith effort to resolve it informally. This informal dispute resolution process is a condition precedent to commencing any formal proceeding in arbitration or small claims court. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this process.

    For your Disputes with the Company, you must first send your name, address, telephone number, email address, and sufficient information for the Company to identify any transaction at issue; a detailed description of your Dispute; and the nature and basis of your claims and the relief sought, along with the calculation you used (the “Notice”) to the following email address: [email protected]. You and the Company agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone or video settlement conference if requested by the Company. If either party to the Dispute is represented by counsel, that party’s counsel may participate, but the party also must personally appear at and participate in the settlement conference. This process should lead to resolution of the Dispute, but if the matter is not resolved within sixty (60) days after the Company’s receipt of the written description detailed above, you and the Company agree to the further dispute resolution provisions below. This time period will start to run upon receipt of the information referenced above. If the sufficiency of the Notice or compliance with this pre-dispute resolution process is at issue, either party may elect to have this issue decided by a court, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue.

    Arbitration: You and the Company agree that any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company, or the Company's employees, agents, affiliates, subsidiaries, successors, representatives, or assigns (“Dispute(s)”), shall be resolved through binding and confidential arbitration, except that you or the Company may elect to have a Dispute heard in small claims court if it qualifies for hearing by such a court, provided that an action in small claims may only seek individualized relief and so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. If the limitations on a small claims court proceeding are deemed unenforceable for any reason, it shall be severed from this agreement and the parties may not elect to proceed in small claims court, and the dispute shall be heard in arbitration. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. “Dispute” shall be interpreted broadly and shall also include all Disputes that arose before your agreement to these Terms, and which arise after the termination of this agreement. Notwithstanding the foregoing, issues related to the scope, validity, and/or enforceability of this arbitration agreement are for a court to decide.

    There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

    THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE ARBITRATION PROCEEDING. FURTHER, UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THE PARTICULAR CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE SEVERED AND STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER) SHALL BE NULL AND VOID.

    Arbitration shall be subject to the Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures (the "JAMS Rules") as modified by this arbitration agreement. The JAMS Rules, including instructions for bringing arbitration, are available on its website at www.jamsadr.com/rules-streamlined-arbitration. If JAMS is unable or unwilling to administer a proceeding under this arbitration provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this arbitration provision as written and applying the selected arbitration organization’s consumer rules. When initiating arbitration, you shall personally certify to the Company and to JAMS that you are a party to this arbitration agreement and provide a copy or link to it. You shall also personally certify that you have complied with the pre-dispute resolution process detailed above. You agree that you shall personally participate, along with your counsel if represented, in the initial conference with the arbitrator unless the parties agree otherwise.

    The Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation and you have complied with the pre-dispute resolution process outlined above, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Each side shall pay their own attorneys' fees, costs, and arbitration fees unless the arbitrator finds, among other grounds, (1) that either the substance of a claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), or (2) the claim(s) at issue permit the prevailing party to be reimbursed its fees and litigation costs, and in such instances, the fees and costs awarded shall be determined by the arbitrator consistent with applicable law and with the JAMS Rules. The arbitrator may consider whether a party had previously offered full relief to the other party or whether the proceeding is part of multiple case filings. The provisions of Federal Rule of Civil Procedure 68 shall be applied by the arbitrator. The arbitrator shall be bound by these Terms as any court would be. The arbitrator shall issue a reasoned, detailed decision explaining the essential findings and conclusions on which the award is based. The arbitration award shall be binding only as to the parties. The arbitration may consider rulings in other arbitrations involving other claimants, but an arbitrator’s ruling will not be binding in proceedings involving different claimants.

    The arbitration may be conducted by telephone, based on written submissions, or in person at a mutually agreed-upon location convenient for you. You agree to appear at an initial conference with the arbitrator and at any hearing, along with your counsel if you are represented. If fifty (50) or more claimants submit Notices raising similar claims and they are represented by the same or coordinated counsel, you understand and agree to the following provisions: (1) you agree that the adjudication of your Dispute may be delayed; (2) you agree that your counsel will negotiate in good faith with the Company to determine a reasonable staged bellwether process involving a subset of demands not to exceed fifty (50) at a time, each of which shall be adjudicated on an individual basis; (3) only after each of the arbitrations that proceed are adjudicated or otherwise resolved shall the next set of staged proceedings commence; (4) your Dispute shall not be filed or considered properly filed in arbitration and filing fees shall not be due and owing until it is selected for inclusion in this continuously staged, reasonable bellwether process. This process shall continue until all the claimants’ claims are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for your claim from the time of initiation with JAMS until the time your Dispute is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing of arbitration demands against the Company.

    As referenced above, this dispute resolution section shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of these Terms. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending Dispute for which the Company has notice or pending arbitration proceeding.

    YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW.

    OPT-OUT OF AGREEMENT TO ARBITRATE: The Company’s updates to these Terms do not provide you with a new opportunity to opt out of arbitration if you previously agreed and did not validly opt out of arbitration. The Company will continue to honor any valid opt outs if you previously opted out of arbitration with the Company. To opt out of arbitration, you must send a notice via U.S. Mail to us at: FabFitFun, Inc., Attn: Legal, 700 N. San Vicente Blvd., 7th Floor - Green Building, Los Angeles, CA 90069, USA, or via email to [email protected], and you must provide the following information: (1) your name, (2) your address, (3) your phone number, and (4) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be received no later than thirty (30) days after the date you first become subject to this arbitration agreement. If you opt out of this agreement to arbitrate, all other provisions of these Terms will continue to apply to you. Opting out has no effect on any other arbitration agreements that you may have entered into with the Company or may enter into in the future with the Company.

27. Notice and Take Down Procedures

    The U.S. Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content on the Services infringes upon any copyright which you own or control, you may request removal of such content from the Services by contacting the Company at the address identified below and providing the following information:

    1. Identification of the copyrighted work(s) that you believe to be infringed. Please describe the work(s) and, where possible, include a copy or the location (e.g., the URL) of an authorized version of the work(s);
    2. Identification of the content that you believe to be infringing, and its location. Please describe the content, and provide us with its URL and/or any other pertinent information that will allow us to locate the allegedly infringing content.
    3. Your name, address, telephone number, and email address;
    4. A statement that you have a good faith belief that the complained-of use of the work(s) is not authorized by the copyright owner, its agent, or the law;
    5. A statement that the information in this notification is accurate and, "under penalty of perjury," you are the copyright owner or authorized representative; and
    6. A signature or the electronic equivalent from the copyright holder or authorized representative
    
    

    Please send all notices (and counter-notices) to our designated copyright agent at the following address:

    EMAIL:

    [email protected]

    MAIL:

    FabFitFun Copyright Agent
    700 N. San Vicente Blvd.
    7th Floor- Green Building
    Los Angeles, CA 90069
    USA

28. Changes to these Terms

    The Company may revise these Terms at any time without prior notice. You will be deemed to have accepted those changes by, among other things, continuing to access or use the Services. We encourage you to check our Services frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on the Services.

29. Complete Agreement

    Except as expressly provided in a particular notice or disclaimer posted by or on behalf of the Company on the Services, these Terms and the Privacy Policy constitute the entire agreement between you and the Company with respect to the use of the Services and Materials.

30. Contact Information

    Please contact us at the contact information below with any questions regarding these Terms. The Company is not responsible for requests or correspondence lost or delayed in the mail or over the Internet.

    FabFitFun
    700 N San Vicente Blvd.
    7th Floor, Green Building
    Los Angeles, CA 90069
    USA
    Or [email protected]