Terms & Conditions
Effective October 1, 2018 (rev01.05) (“Effective Date”)
- 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.LindsayAlbanese.com/Terms 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.
- 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.
- 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 after the date of your original purchase. If you would like to make a return, please contact our customer service department and request and RMA number. You will be responsible for return shipping charges. You must notify us about any billing problems or discrepancies within 30 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 30 days, you agree that you waive the right to dispute such problems or discrepancies.
- Warranty. Merchandise sold through the Website is guaranteed against defects in materials and workmanship for a period of 30 days from the date of your original purchase (“Warranty Period”). We inspect every order before shipping and strive to provide only the best in quality but recognize that sometimes errors occur. Accordingly, during the Warranty Period we will, at our option, repair, replace, or issue you a refund for defective merchandise. Except as expressly stated in the preceding three sentences, 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.
- 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 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.
- Indemnification. Upon a request by us, 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.
- Warnings. Some of our products contain magnets. Magnets can be a pinch hazard. Use caution when handling products with magnets and keep out of reach of children
- Website Usage Information. We may receive and store certain types of website and email usage information whenever you visit any the Website or open one of our emails. For example, we may collect the page served, time, source of the request, type of browser making the request, preceding page view, previously stored “cookies”, and other similar information. With regard to email messages, we may store information about whether or not the email was viewed, whether or not images were downloaded from our server, links that may have been accessed, the identity of the subscriber, and whether or not the report has been forwarded to others. When analyzed, website and email usage information helps us determine how subscribers and visitors utilize information, what type of information is most popular, and the manner in which information is being viewed.
- Your Personal Information. We may receive and store certain types of personal information provided by you in the course of providing service. For example, we may collect terms, phrases, and choices you make while searching, browsing, or configuring alerts or bookmarks. We collect and store billing information. We record changes to your account status. For example, we may record when payments were made, when your account was accessed, when your password was reset, and similar audit information.
- Our Use of Your Information. The information you provide to us may be used to (1) send you newsletters and/or other e-mail communications; (2) contact you about changes to the Website (e.g., notification of changes to these Terms, or other policies that affect your use of the Website); (3) confirm or fulfill an order you have made; (4) authorize a purchase or complete a transaction that you have requested, i.e., to deliver the products that you ordered, and, if necessary, to invoice you; (5) monitor or improve the site; (6) administer the site’s systems and for other internal business purposes; (7) customize the content you see; (8) comply with and monitor compliance with our Terms and other applicable agreements and polices; and (9) for other purposes disclosed when you provide your information.
- Information Sharing. We may employ or contract with third parties to perform functions on our behalf; examples include hosting or operating our site, fulfilling orders for products and services purchased through the site, sending e-mail, data analysis, marketing assistance, credit card payment processing, and customer service. These third parties may have access to your personal information for the purpose of performing such functions on the site’s behalf. We do not sell personal information to third parties or provide it to them for any purpose other than the provision of products and services purchased through the site.
- 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.
- Agreement to Arbitrate. By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against HatsOn on an individual basis in arbitration, as set forth in this section (“Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against HatsOn, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against HatsOn by someone else.
- Agreement to Binding Arbitration Between You and HatsOn. You and HatsOn agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of our Website or products sold on the Website, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and HatsOn, and not in a court of law.
- Waiver of Jury Trial. You acknowledge and agree that you and HatsOn are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and HatsOn otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and HatsOn each retain the right to bring an individual action and 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.
- Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/Rules.
- Scope. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
- Law. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California without regard to conflict of laws rules.
- Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
- Location and Procedure. Unless you and HatsOn otherwise agree, the arbitration will be conducted in Los Angeles County, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and HatsOn submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- Arbitrator's Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. Each party shall pay its own costs and fees, including attorneys’ fees.
- Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
- Changes. Notwithstanding the provisions in Sections 1 and 2 above, regarding consent to be bound by amendments to these Terms, if HatsOn changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing HatsOn written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided by mail or hand delivery to our registered agent for service of process. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and HatsOn in accordance with the provisions of this this Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
- Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
- Miscellaneous. These Terms and any supplemental terms, updates, policies, rules and guidelines posted on the Website and constitute the entire agreement between you and us and supersede all previous written or oral agreements. We may assign this contract at any time without notice to you. You may not assign this contract to anyone else. 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.
- 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, TOPTOTE@LindsayAlbanese.com.