These 400M Diva Collection Website Standard Terms and Conditions (these “Terms” or these “Website Standard Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, your purchase of any product advertised and marketed on this website, including all pages within this website (collectively referred to herein below as this “Website”). These terms and conditions contain an arbitration and class action waiver, which affect your legal rights. Please read them carefully. These Terms apply in full force and effect to your use of this Website and your purchase of any product(s) displayed, marketed, and advertised on this Website, and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you object to any of these Website Standard Terms and Conditions.
2. EXCLUSION OF WARRANTY.
400M DIVA COLLECTION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ENTIRE COLLECTION OF 400M DIVA COLLECTION AND HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, AND NON-INFRINGEMENT OF A PATENT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO STATEMENTS REGARDING SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY 400M DIVA COLLECTION EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY 400M DIVA COLLECTION FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY BY 400M DIVA COLLECTION WHATSOEVER.
3. ARBITRATION AGREEMENT.
THIS ARBITRATION AGREEMENT (“AGREEMENT”) AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES BETWEEN YOU AND THE MANUFACTURER OF THIS PRODUCT (“400M DIVA COLLECTION and/or COMPANY”), MUST BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN A COURT. PLEASE READ THIS AGREEMENT CAREFULLY.
A. RESOLUTION OF CLAIMS OR DISPUTES.
Any claim or dispute between you and Company arising out of or relating in any way to the Product(s) and all products hereafter sold by 400M Diva Collection, your purchase, communications between you and Company, your use of Company’s website(s), or this Agreement shall be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and Company specifically acknowledge and agree to waive the right to bring a lawsuit in court based on such claims or disputes and to have such lawsuit resolved by a judge or jury. In arbitration, a neutral arbitrator or panel of arbitrators resolves a claim or dispute, and the arbitration may be more informal than a lawsuit in court. The arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. Any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
4. ARBITRATIONS ARE ON AN INDIVIDUAL BASIS.
All arbitrations under this Agreement shall be conducted only on an individual (and not a class-wide) basis and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that you may only bring claims against us in an individual capacity and not as a plaintiff, class representative, or class member in any purported class action or representative proceeding. This class action waiver is material and essential to the arbitration of any disputes between you and Company and is non-severable from this Agreement. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the remainder of this Agreement shall be fully enforceable.
5. DISPUTE AND ARBITRATION PROCEDURES.
- a. Before commencing any arbitration proceedings under this Agreement, you must first present the claim/dispute to 400M Diva Collection by emailing the company, and providing your contact information and allowing the Company the opportunity to resolve the dispute. If your claim or dispute is not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the terms of this Agreement.
- b. The arbitration of claim(s)/dispute(s) under this Agreement shall be pursuant to the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules then in effect at the time of the dispute (see www.adr.org or call (800) 788-7879 for AAA’s rules and procedures). If for any reason AAA is unavailable, you and 400M Diva Collection shall mutually select another arbitration forum.
6. CHOICE OF LAW & SEVERABILITY.
This Agreement shall be governed by the Federal Arbitration Act. Any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court. Except as otherwise provided in this Agreement, if any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or voice and the remainder shall remain fully enforceable.