Terms of Service
Last Updated: December 17, 2020
Welcome to the website (sundancespas.com) (the “Site”) offered by Sundance Spas, Inc (“Sundance”). Please read these Terms of Service (the “Terms”) and our Privacy Notice (sundancespas.com/privacy-policy.html) (“Privacy Notice”) carefully because they govern your use of the Site and apply to your purchase of products from Sundance (each a “Product”) via the Site or our related offerings. To make these Terms easier to read, the Site and our related services are collectively called the “Services.”
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND Sundance THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
1. Agreement to Terms.
By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
2. Privacy Notice.
Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information.
3. Changes to these Terms or the Services.
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services?
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Sundance, and not otherwise barred from using the Services under applicable law.
For certain features of the Services you’ll need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
6. Terms of Sale.
The following terms apply to your purchase of Products via the Services.
(a) Purchasing Products. The Services invite you to make us an offer to buy the Products shown on the pages. Your order is an offer to buy some of those goods, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
(b) Product Descriptions. We attempt to describe Products, including their colors, as accurately as possible; however, the appearance of Products may vary as a result of the quality of your monitor and for other reasons. We also make no guarantees with respect to the accuracy, completeness, reliability, or currency of our Product descriptions.
(c) No Commercial Use. Products are sold for the personal and household use of our customers. Products are not designed or otherwise intended for use in commercial or other public establishments, such as hotels or community centers. Accordingly and without limiting any other provision of these Terms, we will not be liable in connection with any such use. We also reserve the right to prohibit sale of Products to users who we believe are using Products for commercial purposes or reselling them.
(d) Assembly Instructions. Certain Products require assembly. You must follow the assembly instructions carefully and use professional installers when necessary. We are not responsible for any installation of Products.
(e) Payment. When you place an order for any Products via the Services, you agree (i) that Sundance may charge the credit card, debit card, or other payment method you have chosen for your purchase verification, pre-authorization, and payment purposes for the total amount of your order (including any applicable taxes, shipping, handling, or other fees) directly or through a third-party payment processor; (ii) Jacuzzi may provide your payment information to third parties so we can complete the transaction related to your purchase and charge your payment method for the Products you have purchased (plus any applicable taxes and other charges); and (iii) to bear any additional charges that your bank or other financial service provider may levy on you. Completion of a payment transaction is contingent upon: (1) you providing complete personal, account, transaction and any other information needed, (2) authorization of the payment by your credit or debit card company or the company that is otherwise facilitating your payment for the Product(s), and (3) acceptance of your payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (u) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (w) if you use the Services in breach of these Terms; (x) if we suspect fraudulent, unlawful or improper activity regarding a payment; (y) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (z) failure to cooperate in an investigation or provide additional information when requested.
(f) Promotional Codes. Sundance may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Sundance at any time in its sole discretion.
(g) Reservation of Rights. We reserve the right to not process or reject your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Sundance deems appropriate in its sole discretion. We may also limit the order quantity, extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship a Product to you for any reason. Sundance also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order.
(h) Availability and Backorders. Quantities of some Products may be limited and stock cannot always be guaranteed. If a Product that you select for purchase is out of stock, it may be placed on backorder and we will ship it to you as soon as it is available.
(i) Prices, Taxes, Customs and Duties. Unless otherwise noted, all prices displayed via the Services are displayed in the local currency (e.g., U.S. dollars or Canadian dollars).Prices are subject to change at any time without notice. Any quote provided by a Sundance customer service representative via email will be honored for 14 days from the date the quote was issued. We may occasionally make errors in the stated prices on the Services. If a Product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation. The prices displayed do not include any shipping or handling charges or applicable taxes, which charges and taxes will be communicated to you at checkout before you place an order, and you are responsible for paying such charges and taxes to Sundance. All prices are net of any sales, use, excise, value added and similar taxes imposed by any governmental authority regardless of how denominated. If you are located outside of the United States, you are responsible for remitting any applicable sales or other taxes to the relevant authorities upon delivery of the Product. You shall pay all such taxes or charges or provide us with a tax or levy exemption certificate acceptable to the applicable taxing or levying authority. You shall also pay all customs or duties charges levied by the destination country in connection with international shipments (if and as applicable). We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
(j) Transfer of Title and Risk of Loss/Damage. For Products that are shipped via common carrier (e.g., FedEx), title to and the risk of loss/damage of such Products passes from us to you at the time we deliver the Products to the common carrier for shipment. For Products that are shipped via a freight carrier (e.g., hot tubs, etc.) title to and the risk of loss/damage of such Products passes from us to you at the time such Products leave our possession. By purchasing Products on this website for shipment, you are asking us to engage a common carrier or freight carrier to deliver your order. We reserve the right to choose any and all procedures, packaging, the common carrier or freight carrier of sold Products.
(k) Shipping. You may not change your shipping address after you place an order. We only deliver to the United States and Canada (as applicable) and may not be able to deliver to all locations therein. Certain orders may be eligible for free standard shipping. In such cases, this will be communicated to you before or during the checkout process. You acknowledge and agree that all shipping dates in any communications from us (including as stated in these Terms) are estimates and subject to change. We do not represent or warrant that we will be able to ship the Product by the estimated date. You understand and agree that currently we are not able to commit to a fixed shipping or delivery date and you will be notified of updates to the same in accordance with the notice provisions of these Terms. In the event that a delay arises for any reason, foreseen or unforeseen, and the estimated shipment and/or release dates for the Product are not met, we will not be liable for any losses or damages that may occur due to the delay or cancellation of the Product, and we will not be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays or cancellations. You are responsible for keeping us informed regarding the correct delivery address for the Product. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments. You understand and agree that certain Products may be drop shipped to you directly from the manufacturer of the Product in question. If you want to check on your order status, click here: sundancespas.com/contact-us.html.
(l) Return Policy. Most product that are eligible for expedited FedEx shipping at the time of purchase can be returned for a refund within 30 days from the date such Product is delivered to you, regardless of how the Product was shipped. Any Product that can only be sent via FedEx Ground or freight carrier at the time of purchase is not eligible for return. Products that are made-to-order will be marked as final sale and cannot be returned due to their custom nature. In addition, final sale and consumable Products are not eligible for return.
To determine if a Product is eligible for a return, or to initiate a return for an eligible Product, contact customer service: sundancespas.com/contact-us.html.
(m) Exchange Policy. We want to ensure that you receive the correct Product that fits your needs. You can exchange any Product that is eligible for return for another Product within 30 days from the date such Product is delivered to you. If the price for any replacement Product is greater than the price of the original Product purchased, you will be required to pay the difference in price along with any applicable taxes and fees. Similarly, if a replacement Product’s price is less than the price of the original Product you purchased, we will provide you with a refund for the price difference between the Products.
If, after the exchange, you decide not to keep your replacement Product, you can return the replacement Product within 30 days from the date such Product is delivered to you for a refund minus a restocking fee of 20% of the purchase amount of the original Product (excluding taxes and other fees).
(n) Additional Terms and Conditions.
- If Sundance authorizes a return or exchange of a Product you have purchased and provides you with an return merchandise authorization (“RMA”) number, you must return the Product to the address provided with your RMA number.
- Please include your original packing slip in the return package. If you do not have your original packing slip, please include a copy of your RMA in the return package.
- Returned and/or exchanged Products must be post-marked no later than 30 days from the date such Product is delivered to you to be eligible for a refund or exchange (as applicable).
- Returned and/or exchanged Products must be delivered to Sundance in new and unused conditioned, in the original packaging. Sundance has sole discretion to approve or reject the condition of any returned or exchanged Products.
- Shipping and handling charges are not refundable.
- You are responsible for and must prepay all shipping charges related to returns and/or exchanges of Products (including shipping charges for exchanges where Sundance sends you a replacement Product).You assume all risk of loss or damage to the Product while in transit to Sundance. Sundance shall have no responsibility for lost or stolen items.
- Refunds will be processed and paid within fourteen (14) days of Sundance’s receipt of the returned Product, barring any rejection as discussed above. You will receive an e-mail confirmation once your return has been processed. Your financial institution may take longer to reflect the transaction.
- Only the Product purchased through our Services may be returned.
(m) Defective Products. If you receive a defective Product, please notify us immediately by filling out the form located here: sundancespas.com/contact-us.html. If Sundance considers the Product to be defective, Sundance will work with you to address the issue as we, in our sole discretion, determine to be appropriate.
7. Your Content.
(a) Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. Sundance does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
(b) Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Sundance a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
(c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Sundance on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(e) Sundance’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
8. General Prohibitions and Sundance’s Enforcement Rights. You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual element within the Services, Sundance’s name, any Sundance trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Sundance’s express written consent;
(c) Access, tamper with, or use non-public areas of the Services, Sundance’s computer systems, or the technical delivery systems of Sundance’s providers;
(d) Attempt to probe, scan or test the vulnerability of any Sundance system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Sundance or any of Sundance’s providers or any other third party (including another user) to protect the Services;
(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Sundance or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) Use any meta tags or other hidden text or metadata utilizing a Sundance trademark, logo URL or Product name without Sundance’s express written consent;
(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(n) Impersonate or misrepresent your affiliation with any person or entity;
(o) Violate any applicable law or regulation; or
(p) Encourage or enable any other individual to do any of the foregoing.
Sundance is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
9. DMCA/Copyright Policy.
Sundance respects copyright law and expects its users to do the same. It is Sundance’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Sundance’s Copyright Policy at: sundancespas.com/privacy-policy.html, for further information.
10. Links to Third Party Websites or Resources.
The Services may allow you to access third-party websites or other resources, including third-party providers of financing for Products purchased from Sundance. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6, 7(b), 7(c), 7(e), 8, 11, 12, 13, 14, 15, 16 and 17.
12. Limited Product Warranty; Disclaimers.
(a) Products. Any warranties applicable to our Products can be found under the Product Warranty section on our Customer Service Policy: sundancespas.com/contact-us.html. Please read the applicable Product warranty carefully, as it provides you with important legal rights and is subject to limitations. You acknowledge and agree that any applicable Product warranty is a part of, and subject to, these Terms, in particular the Limitation of Liability, Governing Law, and Dispute Resolution provisions contained in the Terms.
UNLESS OTHERWISE STATED ON OUR PRODUCT WARRANTY COVERAGE PAGE: (I) THE PRODUCTS ARE PROVIDED "AS AVAILABLE" AND "AS IS" TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND; AND (II) Sundance DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL PRODUCT WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THEY MAY NOT APPLY TO YOU. WARRANTIES IMPLIED BY LAW THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE MINIMIUM LENGTH REQUIRED BY LAW.
(b) The Services. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. We reserve the right to correct errors (whether by changing information on the Services or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
You will indemnify and hold Sundance and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or Products, (b) your User Content, or (c) your violation of these Terms.
14. Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER Sundance NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR PRODUCTS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Sundance OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL Sundance’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO Sundance FOR USE OF THE PRODUCTS OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Sundance, AS APPLICABLE.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Sundance AND YOU.
15. Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Sundance are not required to arbitrate will be the state and federal courts located in the San Bernardino County, or federal courts in the Central District of California, Eastern Division and you and Sundance each waive any objection to jurisdiction and venue in such courts.
16. Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Sundance agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Sundance are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions. As limited exceptions to Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the JAMS pursuant to its rules then in effect, except as modified by these Terms. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules. All other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures (collectively, the “JAMS Rules”). The JAMS rules are available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by the JAMS rules, including JAMS’ Consumer Arbitration Minimum Standards. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, including JAMS’ Consumer Arbitration Minimum Standards, as applicable, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND Sundance 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 PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Severability. With the exception of any of the provisions in Section 16(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
17. General Terms.
(a) Reservation of Rights. Sundance and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Sundance and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Sundance and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Sundance’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Sundance may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(c) Notices. Any notices or other communications provided by Sundance under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(d) Waiver of Rights. Sundance’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sundance. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
18. Contact Information.
If you have any questions about these Terms, a Product, or the Services, please contact Sundance at email@example.com or by phone at 1-844-602-6064.