Terms of Service
This website is operated by Endlessly Mine. Throughout the site, the terms “we”, “us” and “our” refer to Endlessly Mine. Endlessly Mine offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- Endless Warranty® TRIAL AND SUBSCRIPTION TERMS
Endless Warranty®. Company offers a subscription warranty (the “Endless Warranty®”), which provides access to premium discounts, exclusive offers, and insider content on certain items, according to these Terms and as displayed to you at the time you enrolled. Company may change Endless Warranty® promotional terms from time to time but will not increase fees without reasonable advance notice to provide an opportunity for you to cancel. Company may also offer additional deals from time to time, which will be confirmed during the checkout process.
Free [14 - Day Trial Period. If you enroll in a free trial period for the Endless Warranty®, you are not charged for [14 days from the date of purchase for the subscription warranty (you will be charged for any physical products that you purchase). However, you will be required to provide payment information to pay for the Endless Warranty® fees, including any taxes, which will be due once the trial period ends, unless you cancel as outlined below. New members only.
Charges and Automatic Renewals. On the day after your trial ends, your credit card or other payment method on file will be charged the Endless Warranty® fees of 29 dollars 95 cents USD (exclusive of taxes) without obtaining your further confirmation. Further, your Endless Warranty® will automatically renew each billing period of 30 days, and you will be charged 29 dollars 95 cents USD (exclusive of taxes) every 30 days, until you cancel.
Cancellation. If you do not want to continue the Endless Warranty® after the trial period or if you wish to cancel the Endless Warranty® at any time, you may do so by emailing us at email@example.com, now at least 3 days before the next billing period with your full name and the email and physical address associated with your use of the order. Your failure to cancel or your continued use of the Endless Warranty® reaffirms that Company is authorized to charge you for, and you are responsible for paying, all Endless Warranty® fees.
Payment Methods. By providing a credit card or other payment method, including through the checkout process, express checkout, or using PayPal, Google Pay,Apple Pay, or otherwise, you warrant that you are authorized to use the payment method and authorize Company and any third-party payment processors and billing agents to charge your payment method for the total amount due. If the payment method cannot be verified or is not accepted, your purchases and Endless Warranty® may be cancelled. These Terms shall constitute authorization to the issuer of the payment without requiring a signed receipt from you, and Company will not be liable for insufficient funds or charges incurred by you resulting from collection of fees. If you provide a debit card number instead of a credit card number, you authorize all charges to be applied to such debit card. Company reserves the right to correct any errors or mistakes for payment at any time.
Refunds. ALL SALES ARE FINAL WITH NO REFUNDS, including for physical products and the Endless Warranty®, unless otherwise indicated at checkout or as otherwise required by applicable law or determined by us in our sole discretion. If you qualify for a return in our sole discretion, your inquiries and returns should be directed to us as outlined below.
- DISPUTE RESOLUTION
Governing Law and Venue. Subject to and without waiving the arbitration provision below, this Agreement shall be exclusively governed by and construed in accordance with the laws of California without regard to its conflict of law principles, and the proper venue for any judicial action arising out of or related to this Agreement shall be the state and federal courts located in California (a “Court of Competent Jurisdiction”). You and Company stipulate to, and waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process. If you reside outside the U.S. and bring a Claim against Company outside the U.S., applicable laws may authorize you to bring a Claim against Company, which shall be brought in your individual capacity only and not in any class action, in the forum where you reside.
Arbitration Provision. If you and Company cannot resolve a Claim through informal negotiations, any Claim shall be finally and exclusively resolved by binding arbitration. “Claim(s)” means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated entities or persons, employees, agents, members, partners, officers, owners, managers, directors, independent contractors, manufacturers, licensors, beneficiaries, successors, and/or assigns, and each of their owners and/or agents (collectively, “Company Entities” who shall be third-party beneficiaries of this Agreement where referenced) arising out of or related to this Agreement or the Service. This arbitration provision is reciprocal, and any election to arbitrate by one party shall be final and binding on the other. This arbitration provision, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act.
The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its Streamlined Rules, as modified by this arbitration provision. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate, you and Company agree to arbitrate using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. Unless you and Company agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or telephone. If you initiate arbitration against Company, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining Case Management Fee and fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Company initiates arbitration against you, Company shall pay all costs associated with the arbitration. Regardless, you and Company will each pay your own attorney’s fees and costs unless an award of attorney’s fees is available under applicable statute.
The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may seek relief in a Court of Competent Jurisdiction to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator, or for injunctive relief in aid of arbitration. You agree that without this provision, you would have the right to sue in court with a jury trial.
Waiver of Class Actions. YOU AND COMPANY (INCLUDING ANY THIRD-PARTY BENEFICIARIES) MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY'S CLAIMS; AND THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.
- DISCLAIMERS & LIMITATION OF LIABILITY
Application. This Section applies to the fullest extent permitted by applicable laws. Some jurisdictions may not allow the exclusion of certain warranties or the limitation of certain damages, so some of the below terms may not apply to you. Company Entities, and their owners and agents, are intended third-party beneficiaries of this Section. No advice or information obtained by you through the Service or otherwise shall alter the terms stated in this Section.
Disclaimer of Warranties. COMPANY, ON BEHALF OF ITSELF AND COMPANY ENTITIES, AND THEIR OWNERS AND AGENTS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE SERVICE IS PROVIDED “AS IS.” NEITHER COMPANY NOR ITS AFFILIATED ENTITIES OR AGENTS WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. IN NO EVENT SHALL COMPANY OR COMPANY ENTITIES, OR THEIR OWNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY (INCLUDING GOOD FAITH, REASONABLE CARE, NEGLIGENCE, OR OTHERWISE), REGARDLESS OF THE FORESEEABILITY OF THE LOSS OR DAMAGES OR NOTICE OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE LOSS OR DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY OR FORM OF ACTION. YOU AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. WITHOUT LIMITING OTHER PROVISIONS, IN NO EVENT WILL COMPANY OR ITS AFFILIATED ENTITIES OR AGENTS BE LIABLE TO YOU FOR ANY CLAIMS EXCEEDING $100 OR THE AMOUNT OF FEES YOU PAID IF GREATER.
- ASSUMPTION OF RISK
You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns (who shall be third-party beneficiaries of this provision) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages, loss, or harm, whether to you or to third parties, that may result from your access to or use of the Service.
- MODIFICATION & TERMINATION
Errors. The Service may contain errors, inaccuracies, and omissions, which Company may correct at any time but has no obligation to do so. Company may modify or discontinue the Service, including any products, descriptions, and prices, at any time. Company is not responsible for the accuracy or completeness of all content provided with the Service, and content is provided for general information only. Company makes efforts to display product photographs and information accurately, but we cannot guarantee that your display will be accurate.
Termination. Company may terminate this Agreement, the Service, your account, and your Endless Warranty® at any time for any reason without prior notice. If you wish to terminate this Agreement, you should cease using the Service; and if you wish to cancel your Endless Warranty®, you should follow the instructions outlined above. Sections 2, 3, 8, and 9 shall expressly survive any termination of this Agreement.
- YOUR USE OF THE SERVICE
Your Qualifications. You must be at least 18 years old and legally qualified to use the Service and, if you are using the Service on behalf of a company, authorized to enter into this Agreement on behalf of that company. You warrant that all information you provide in connection with your use of the Service is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of any credentials and information used in connection with the Service, and you agree to notify Company immediately of any unauthorized use of the same. We reserve the right to suspend or terminate your use of the Service, including your account, and to suspend or cancel your Endless Warranty® for a violation of this Agreement or any applicable laws.
Limited License. Subject to your compliance with this Agreement and applicable laws, Company grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Service solely for your personal access and use in the manner intended by the Service. This license does not allow you to otherwise reproduce, copy, modify, reverse engineer, sell, or exploit any portion of the Service without our prior express written consent. Upon termination of this Agreement, your account, or as otherwise directed by Company, this limited license shall immediately cease, and you must stop accessing and using the Service.
Communications with Company. By providing your email address or communicating with us, you expressly consent to receiving our marketing communications. Providing consent to promotional communications is not a condition of purchasing any goods or services. You can unsubscribe from marketing communications at any time by following the unsubscribe instructions in each communication or by contacting us as outlined below. If you unsubscribe from advertising content, we may still send you non-promotional communications, such as updates to these Terms.
Prohibited Conduct. You are prohibited from doing or attempting to do the following, either by yourself or assisting another, in connection with your access to or use of the Service:
- a) Using the Service in any manner not intended (including any commercial re-sale use);
- b) Using the Service in any manner that violates these Terms or any applicable law;
- c) Providing false, misleading, or inaccurate information to Company or anyone else;
- d) Impersonating or otherwise misrepresenting affiliation with any person or entity;
- e) Using any engine, software, tool, agent, or other device or mechanism (including spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information;
- f) Accessing content or data not intended for you or that you are not authorized to access;
- g) Probing, scanning, or testing the vulnerability of the Service or any associated system or network, or breaching security or authentication measures without proper authorization;
- h) Interfering with the Service (including through malware or exploiting vulnerabilities);
- i) Forging, modifying, or falsifying any network packet or protocol header or metadata; and
- j) Modifying, reverse engineering, or disassembling the source code used by Company.
Indemnification. You are responsible for your account and actions. As such, you shall defend, indemnify, and hold harmless Company and Company Entities from and against all claims, actions, demands, causes of action, and other proceedings, including attorney’s fees, arising out of or related to your account, your actions, or your violation of these Terms or applicable laws.
- THIRD PARTY SERVICES
The Service may be linked with or refer to the services, websites, platforms, content, information, goods, services, or tools of third parties (collectively, “Third-Party Services”), some of which may have established relationships with Company and some of which do not. Company has not reviewed and does not control Third-Party Services. Company does not represent, warrant, or endorse any Third-Party Services, or the accuracy, completeness, usefulness, lawfulness, or quality of Third-Party Services. Third-Party Services should not necessarily be relied upon, and their third-party authors are solely responsible for their content. Company shall not be liable or responsible for any loss or damage resulting from your reliance on Third-Party Services.
- INTELLECTUAL PROPERTY
Company, Company’s name and logo, Company’s website domain(s), and all content and other materials available through the Service (collectively, the “Company IP”), exclusive of your content and third-party content, are the trademarks, copyrights, intellectual property, and proprietary content of and owned by Company or its licensors and suppliers. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated as a result of your use of the Service will inure to the benefit of Company, and you agree to assign, and do assign, all such goodwill to Company. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of, the Company IP. All rights not expressly granted in this Agreement are reserved by Company.
This Agreement is the entire agreement between Company and you concerning the Service. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be declared invalid, void, or unenforceable by the arbitrator or Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and this Agreement is severable. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Company. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement. The headings in this Agreement are for convenience only. These Terms apply to the fullest extent permitted by applicable laws. You may have other rights and remedies not outlined above. These Terms and any offers are void where prohibited. Neither party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond that party’s reasonable control, including “acts of God,” labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, pandemics, epidemics, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
- CONTACT US
Customer support inquiries and returns should be directed through the contact us form.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Endlessly Mine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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 shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Endlessly Mine and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
IN-ADDITION WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND OAK & HEARTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
Use of this Site, membership in the Endless Warranty® Membership Program, any purchases made through this Site, and any controversy, claim or dispute arising out of or relating in any way to your use of the Site, your membership in or purchases through the Site, Endless Warranty® Membership Program and/or your Account, or products purchased through the Site shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
Both you and the Company waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Site, your membership in or purchases through the Endless Warranty® Membership Program and/or your Account, or products purchased through the Site as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver.")
The jurisdiction and venue for any dispute shall be in Orange County, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
AGREEMENT TO PRE-ARBITRATION NOTIFICATION
These Terms provide for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or the Company shall send a letter to the other side briefly summarizing the claim and the request for relief. If the Company is the claimant, the letter shall be sent, via email, to the email account listed in your Account. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
AGREEMENT TO ARBITRATE CLAIMS
Except to the limited extent noted below, use of this Site, membership in the Endless Warranty® Membership Program, any purchases made through this Site, and any controversy, claim or dispute arising out of or relating in any way to your use of the Site, your membership in or purchases through the Endless Warranty® Membership Program, or products purchased through the Site shall be resolved by final and binding arbitration.
The arbitration shall take place in Orange County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in telephone hearing. In no event shall the parties be required to travel to Orange County to participate in the arbitration.
If you decide to commence arbitration, the provider will require you to pay a filing fee (which currently is $125 for claims under $10,000. If your filing fee is more than $125, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $125 base fee.
If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of the Company's last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then the Company will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base fee).
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
OPTING-OUT OF DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER
You may elect to opt-out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following. Within 15 days, send an email to firstname.lastname@example.org that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms to the contrary, we agree that, if the Company makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to the Company's address), you may reject any such change by sending a letter to the Company within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.