Terms & Conditions
Effective September 14, 2022 (rev01.04)
2. Updates. These Terms are effective as of the date first written above. We may update these terms from time to time by posting such updated Terms to www.thefileist.com/terms-conditions/ or by providing email notice to you and shall become effective upon posting. Terms provided via email (or via a link in an email) shall become effective upon sending by us. In the event of an update, by continuing to use the Website you agree to be bound by any such updated Terms. If you do not agree, you must immediately stop using the Website. We may change or discontinue any feature of the Website at any time without notice.
3. Purchases. You agree to pay the applicable fees and charges for purchases that you make from us. We will disclose your payment terms at the time you make your purchase.
4. Refunds, Returns, and Billing Disputes. We will accept returns of merchandise in new and unused condition with all packaging for a period of 30 days from the date of your original purchase. If you would like to make a return, please contact our customer service department with your order number. You will be responsible for return shipping charges. You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank or credit card company. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.
5. Warranty. We make no other warranties or guarantees about the Website or any merchandise purchased through the website. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE WEBSITE AND ANY MERCHANDISE PURCHASED THEREFROM ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE, NON-INFRINGING or that the Website or the server(s) on which they are hosted are free of viruses, bugs or other harmful components. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF ANY OF THE FOREGOING WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.
6. Limited Liability. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY MECHANDISE PURCHASED THROUGH THE WEBSITE. THESE EXCLUSIONS APPLY TO, WITHOUT LIMITATION, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, COMPUTER INFECTION, OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE WEBSITE OR THE MERCHANDISE YOU PURCHASED THROUGH THE WEBSITE EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR PURCHASE AT ISSUE.
7. Indemnification. Upon our request, you agree to indemnify, defend and hold harmless Hats On and its subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sublicensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
8. Warnings. Some of our products may contain rare earth magnets. Rare earth magnets are extremely strong and may present certain hazards.
9. This is an Electronic Contract. Your affirmative act of making purchases or using the Website constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Website (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration or (2) by posting the Notice on the Website. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by notifying us. In order to receive Notices electronically, you must constantly maintain the email address or web address which you have provided to us. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
10. Governing Law; Jurisdiction; Venue; Dispute Resolution.
- 10.1 These Terms shall be interpreted under the laws of the State of California without regard to any conflict of law provisions. Any and all disputes arising under or related in any way to these Terms must be resolved through confidential binding arbitration as described herein. However, no action arising out of these Terms, regardless of the form or basis of the claim, may be brought by you more than one year after the claim has arisen (or, if multiple claims, from the date the first such claim arose) This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Website.
- 10.2 YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU FURTHER AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- 10.3 Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
- 10.4 The arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction. The arbitrator may award any individual relief or individual remedies that are permitted by applicable law. Additionally, each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
- 10.5 Notwithstanding these terms to arbitrate, we may seek emergency equitable relief before the state or federal courts located in Los Angeles, California, in order to maintain the status quo pending arbitration, and you hereby agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
- 10.6 If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the terms and conditions, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If for any reason the entirety of this arbitration provision shall be found null and void, and a claim subject to such provisions proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Los Angeles, California.
11. Miscellaneous. These Terms and any supplemental terms, updates, policies, rules and guidelines posted on the Website constitute the entire agreement between you and us and supersede all previous written or oral agreements. These Terms cannot be amended or changed orally. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Our failure to exercise or enforce any right or provision under these Terms will not operate as a waiver of such right or provision, or any other in the future. We may assign this contract at any time without notice to you. You may not assign this contract to anyone else. These Terms shall not be deemed to create an agency, partnership, employment or joint-venture relationship between you and us. The section headings herein are for convenience of reference only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any provisions hereof.
12. Contact. If you have any questions or concerns about these Terms, about any information that we may have collected or stored, or to delete, opt out or modify any of the information contained in our database, please contact us directly at Hats On LLC, c/o AltView Law Group, LLP, 12100 Wilshire Blvd., Suite 800, Los Angeles, CA 90025, firstname.lastname@example.org