The CatLadyBox Website and Services are provided by CatLadyBox, Inc. (“CatLadyBox”, “we” “us” or “our”). These Terms and Conditions (these “Terms and Conditions”) govern your (“you” or “your”) access to and use of the CatLadyBox.com web site (the “Website” or "Site") and all services provided by CatLadyBox via the Website including without limitation our monthly Product and gift service (collectively, the “Services”).
SECTION 1.29 OF THESE TERMS AND CONDITIONS INCLUDES A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH MEANS YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE TERMS AND CONDITIONS, THE PRODUCTS, AND YOUR RELATIONSHIP WITH US TO BINDING ARBITRATION RATHER THAN PROCEEDING IN COURT. YOU MAY OPT-OUT IF YOU FOLLOW THE PROCEDURES BELOW.
By using our Website or subscribing to our Services, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms and Conditions may be viewed at CatLadyBox.com/terms_and_conditions.
CatLadyBox maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:
As a registered user of CatLadyBox, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving email promotions or our newsletter by emailing [email protected] or selecting to unsubscribe as may be provided in the applicable email correspondence. Even if you opt out of marketing emails, we may still send you postal mail and transactional emails related to your account and subscription.
As a subscribed CatLadyBox member, each month we will ship you a package with a different selection of items for you and/or your cat that may consist of a selection from jewelry, clothing, accessories, home décor, books, novelties, beauty products, toys, treats and other cat-related items. Each month of your subscription, the selection of Products may change. Accordingly, CatLadyBox cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.
BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH.
Prices for the Products and Services offered may change at any time, and we do not provide price protection or refunds in the event of a subsequent price reduction or promotional offering. For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your monthly purchase of Products.
We reserve the right to change our fee structure at any time, except for the subscription fees applicable to any then-current fee-bearing subscription period. We also reserve the right to initiate special incentive pricing, membership and other programs, which may be limited, at our sole discretion, to defined and limited existing users or new users.
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant CatLadyBox the right to store and process your information with the third party payment service, which it may change from time to time.; you agree that CatLadyBox will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service; the current versions is attached as a link at https://stripe.com/us/legal and https://www.paypal.com/us/legalhub/home. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify CatLadyBox within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged.
Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
Due to the nature of our business, we are unable to accept returns, and all sales are final. However, if you are unsatisfied for any reason, or if a Product is defective, please contact us at [email protected] to inquire about a refund or exchange.
When returning Products, it is your responsibility to take reasonable care to see that the Products are not damaged in transit and are received by us at our address as displayed on the Website. All refunds are subject to our shipping, return and exchange policies stated on our FAQ page here, if any. Please note credits resulting from the monthly charge are only available up to 30 days past the date of the charge. Refunds are at the sole discretion of CatLadyBox.
Shipping, return and exchange of any products delivered by us in connection with your membership are subject to the CatLadyBox Shipping, Return and Exchange Policy.
You may be charged local sales tax or VAT, if applicable.
This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.
You may cancel your ongoing membership through the account page on the Website or by contacting us at [email protected]. Cancellations are effective at the end of the then-current subscription period. Please cancel at least 1 business day before renewal to avoid future charges. Sales tax applies where required by law. Prices are subject to change.
Your subscription is set to automatically renew based on the Renewal and Shipping Schedules table below at your chosen rate (monthly, every two months, every three months, every six months, or every twelve months), using a payment method on file with your account until you cancel. Unless you cancel your subscription prior to the renewal date, which is determined by the day you initially subscribed, your subscription will automatically renew for your chosen subscription length and you authorize us (without notice to you unless required by applicable law) to collect the then-applicable subscription fee and any taxes, using any payment method we have on record for you. You may cancel at any time through your account page or by contacting us at [email protected].
We may terminate your membership, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful to our business interests, or for an inactive account.
Renewal and Shipping Schedules
Your renewal date will be determined by the day you initially subscribed, as detailed below. We reserve the right to change your renewal and shipping schedules in the future to improve our Service.
(1) Subscribers who joined before November 1, 2023 (no change)
Product will ship on the first week of the subsequent month, regardless of the order date, and will renew on the 15th of the month prior to your shipment.
(2) Subscribers who joined on or after November 1, 2023 (new)
Orders placed on the 1st - 23rd day of the month: Product will ship within 5 business days and renew on the 1st of each subsequent month. After renewing on the 1st, Product will ship within 5 business days and keep renewing on the 1st of the subsequent months unless you cancel.
Orders placed on all other days: First Product will ship within 3 business days and renew on the 9th of the subsequent month. After that renewal on the 9th, all subsequent shipments will take place within 5 business days and renew on the 1st of each subsequent month unless you cancel.
If you are a new customer, we may occasionally push back your first renewal date to a specified date so that you do not have to renew before you get your first box. We might also extend the sales of a Product into the first week of the subsequent month if it is seasonally appropriate or popular. We will disclose when your next renewal is, and the one after that, in your receipt and confirmation email. If you would like to change your renewal dates, please email us at [email protected].
We will disclose your renewal date in our email communications to you and on our Website, but please note that this information is not available in your CatLadyBox account.
We offer the opportunity to enhance your subscription experience by joining additional subscription clubs. By opting into these clubs, you agree to receive additional items as part of your subscription. These clubs will automatically renew until you cancel them, just like your main subscription box. These additional subscriptions may include cat items, people items, or other exciting products, adding a new dimension to your subscription.
We may change our subscription plans, structure, and the price of our service from time to time. Any price changes or other changes to your subscription plans will apply no earlier than 30 days following notice to you by email, to the email address to which your account is registered. Subject to applicable law, you accept the new price by maintaining your subscription after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from your subscription plan prior to the price change going into effect.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CATLADYBOX OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE, PRODUCTS OR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE, PRODUCTS OR SERVICE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CATLADYBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE CATLADYBOX’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO CATLADYBOX IN THE THEN-PRIOR CALENDAR MONTH.
By using this Website, our Services, or Products, you agree to indemnify, hold harmless and defend CatLadyBox from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your member login account.
Accuracy: If you choose to provide information to register for or participate in a service, event, or promotion on this Website or to use our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
Liability: We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of CatLadyBox. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.
Monitoring: We have the right, but not the obligation, to monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that CatLadyBox, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.
Lobbying: Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by CatLadyBox, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
By accessing our Website or any chat room, online discussion forum, or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
CatLadyBox does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant CatLadyBox a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant CatLadyBox the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. CatLadyBox will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
CatLadyBox services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.
Unless otherwise noted, all Content contained on this Website is the property of CatLadyBox and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by CatLadyBox and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.
If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (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 materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
When you register to participate in CatLadyBox services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR CAT. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES.
Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, IN CATLADYBOX’S DISCRETION.
YOU MAY RETURN DEFECTIVE PRODUCTS WITHIN THIRTY (30) DAYS OF DELIVERY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, CATLADYBOX DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from CatLadyBox, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party Websites.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by CatLadyBox of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. CatLadyBox does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user’s monthly subscription or access to our Website or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms and Conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
These Terms and Conditions shall be governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law.
Please read this section carefully.
CatLadyBox is committed to customer satisfaction. We will make our best efforts to resolve all customer concerns or problems related to our website, products and services. You may pursue a claim against CatLadyBox or our affiliates, as explained in this arbitration agreement, for any unresolved concern or problem. The arbitration agreement stipulates: (1) the initial process for you to follow in reporting your claim to CatLadyBox prior to filing any arbitration or lawsuit in accordance with this arbitration agreement; and, if CatLadyBox is unable to resolve your claim, (2) the recourse available to you in arbitration or, in limited circumstances, in court.
Governing Law and Jurisdiction. You and we agree that this arbitration agreement is evidence of a transaction in interstate commerce and will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and Florida law, regardless of conflict of law rules. Any disputes or claims not subject to arbitration, as set forth in this section, will be resolved exclusively in the federal or state courts of Fort Lauderdale, Florida, United States of America, and you and we consent to personal jurisdiction in those courts. In cases where applicable local law prevents a dispute from being resolved under Florida law or in the Florida courts, then the laws of your country, state, or other place of residence will govern the dispute.
Scope. This arbitration agreement is intended to be given the broadest interpretation. By doing business with CatLadyBox, you agree that any and all disputes arising out of or relating to your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal grounds, and including the interpretation and scope of this arbitration agreement (each a “Claim” and collectively “Claims”), will be resolved via mandatory, binding arbitration, except as set forth in sub-Section h, below.
Opt-Out Procedure. Notwithstanding the above, you may opt out of this binding arbitration provision within 30 days after this Section comes into effect (the “Opt Out Deadline”). This will be the earliest of:
You may opt out of these arbitration procedures by sending us a written notice by email to [email protected] with the subject line: “ Arbitration – Opt-Out Notice”.
You agree that you must pursue any Claim in arbitration if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt-Out Deadline.
Mandatory Pre-Dispute Resolution. If a Claim arises, CatLadyBox is committed to working with you to reach a reasonable resolution. Prior to initiating any dispute or Claim in arbitration you must first give CatLadyBox an opportunity to resolve any complaints by submitting them in writing to [email protected] with the subject line “ Dispute Notice.” Your Dispute Notice must contain the following information: (1) your name, (2) address, (3) the email address used to make your purchase, (4) the confirmation number, (5) the date, (6) a brief description of the nature of the complaint, and (7) the resolution sought (together, the “Required Information”).
If your Dispute Notice does not contain all of the Required Information (or an explanation of why you are unable to include it), then the Dispute Notice shall be without effect, and must be resubmitted before any arbitration or other legal action against CatLadyBox can be initiated. This requirement is intended to inform CatLadyBox that you have a dispute to be resolved. If we do not resolve the complaint within 60 days of the initiation of the Dispute Notice you shall be entitled to seek relief as stipulated in this arbitration agreement.
Arbitration Procedure. Any arbitration shall be initiated through and administered by the American Arbitration Association (“AAA”) in the English language. Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that CatLadyBox shall select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by CatLadyBox.
Each party will responsible for its own initiation fees for arbitration, but if your entire Claim is for less than $1,000, CatLadyBox shall reimburse you for the filing fee upon written request for reimbursement with documentation of insufficient funds to pay the fee. In the event that you are able to demonstrate that the costs of arbitration would be prohibitive as compared to costs of litigation, CatLadyBox will pay as much of the fees and costs in connection with the arbitration as the arbitrator deems necessary in order to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. In all other cases, we will each bear the fees and expenses for our respective attorneys, experts, witnesses, and for preparation and presentation of evidence at the arbitration.
Arbitration will be conducted in accordance with the AAA’s rules, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this arbitration agreement. If there is a conflict between the AAA’s rules and this arbitration agreement, the terms of this arbitration agreement shall govern. AAA rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
The arbitration will be conducted by one arbitrator, who will be appointed by the AAA. The customer agrees that the arbitration will be conducted in the English language. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless the arbitrator determines that an in-person or telephone appearance is required.
Any hearing will be conducted virtually unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, such hearing will take place in Fort Lauderdale, Florida (unless you and we agree differently). You agree that, in the event of an in-person hearing, any CatLadyBox employee or affiliate who is based outside of the United States and who is participating in the hearing, may participate by telephone or video conference, and his or her physical presence shall not be required.
Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your use of our Services and purchase of the Products and communications directly related to the transaction between you and CatLadyBox, with respect to the Services and/or Products that are the subject of your dispute. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator’s determination shall be conclusive.
Any arbitration shall be confidential, and neither party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Arbitration Award. The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting other Booking.com customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. Judgment on any arbitration award may be entered in any court having proper jurisdiction .
Appeal. The award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”); and shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.
Exceptions to Arbitration Agreement. You and we each agree that the following causes of action and/or claims for relief are exceptions to the Claims covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened regarding the infringement, protection or validity of your, our or our licensors' intellectual property, trade secrets or copyright, trademark or patent rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); and (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, to the extent your Claim qualifies under applicable law, you may elect to proceed in small claims court.
Class Action Waiver. In addition to the above, YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.
Upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under this arbitration agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.
If a court or arbitrator determines, in an action between you and us, that this class action waiver is unenforceable, this arbitration agreement will not apply to you. If you opt out of the arbitration agreement as specified above, this class action waiver will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.
Jury Waiver. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
If you have any questions about these Terms and Conditions, please contact [email protected].