Dadpack Terms of Service
Welcome to Dadpack.
PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THE SERVICES AS BY USING THE SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE CONDITIONS. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
It is your responsibility to review this Agreement periodically. We may revise this Agreement at any time by updating this posting. However, we will not vary this Agreement to retrospectively increase your liability to Dadpack. If you access, use or view the Services after revisions have been made, you may be forced to accept the revised Agreement and you will be bound by them; therefore, we advise you to periodically review this page for such revisions. If you do not agree to these terms and conditions, please do not use the Services.
When you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should tell us immediately if you have any reason to believe that your password could have become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details you provide us with are correct and complete and let us know immediately of any changes to the information that you provided when registering.
Dadpack reserves the right to refuse access to the Services, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
- Subscription Process, Renewal and Cancellation
Currently, we only ship to addresses within the United States. If you purchase a subscription to Dadpack Vitamins through our Site, every thirty (30) days, we will send you a shipment containing a thirty (30) day supply of vitamin supplements from us. Our subscription term is thirty (30) days so we make sure that you do not run out of your vitamin supplements at the end of each month. Your subscription will continue, and you will be charged, every thirty (30) days, until you choose to cancel. However, please note that all fees for the Services are non-refundable, so if you cancel your subscription, we will send you any outstanding supply of vitamin supplements but will not refund you any amounts for shipments not received as of the date of cancellation. There is no subscription fee associated with your subscription. You will only be charged for the cost of the product (including taxes) and the cost of shipping and handling for the product we send you as part of your subscription. Your subscription will automatically renew on the first day of each thirty (30) day period and the products in your subscription will be shipped to you at the then-current price. You agree that your account will be subject to this monthly automatic renewal feature and that we may charge your Payment Method (defined below) each month upon shipment, unless you cancel your subscription at least five (5) business days prior to the shipment date by logging into and going to the “Subscriptions” section of “Your Account” page or by emailing us at firstname.lastname@example.org. Before shipment, we will send you a reminder e-mail informing you that your subscription is ready to ship. Again, if you do not cancel, then the products in your subscription will ship and the Charges will be charged to your Payment Method.
If you do not wish your account to renew automatically, or if you want to cancel your subscription, please log in and cancel your subscription in the “Subscriptions” section of “Your Account” page or email us at email@example.com. By subscribing, you authorize us to charge your Payment Method now, and again on each subsequent shipment date. If you choose to cancel your subscription at any time, your subscription will terminate automatically and we will not charge your Payment Method for the subsequent subscription period. You agree that we may either terminate or suspend your subscription for any reason at any time at our sole discretion.
- Orders and Billing
You expressly agree that Dadpack and its payment platform are authorized to charge you applicable fees, shipping charges and taxes (“Charges”) associated with the products that you order (“Purchase”). To complete a Purchase you will be asked to provide a credit card or other payment method accepted by Perelel (“Payment Method”). Charges for Purchases owed depend on the specific type and quantity of products, delivery location and shipping method ordered and will be identified during the checkout process, and in your receipt. Dadpack uses third party services (such as Shopify) to process Purchases and Payment Methods. Charges are due at the time of Purchase and are not contingent on any events other than the receipt of the ordered products. You must resolve any Payment Method problems before proceeding with your Purchase. When ordering products or using our Site, you must provide accurate and complete information as requested in order for us to process your transaction. It is your responsibility to promptly provide any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may immediately cease to provide any and all products to you if your Payment Method is not current. Your order will be deemed accepted upon our delivery of the products that you have ordered.
- Billing and Payments
We accept the following Payment Method: (a) bank or credit cards: Visa, MasterCard, American Express and Discover; (b) electronic payment systems (such as Paypal, Apple Pay, Google Pay) and (b) Dadpack gift cards. You may be charged local tax, if applicable. If your Payment Method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts are charged and paid for by you.
We use a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby consent to provide and authorize Dadpack and its third-party service provider to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information. Upon initial registration of your credit card with Dadpack, you may see a pending charge as part of the authorization confirmation process. This is not a charge and is used to confirm account authenticity. The pending charge should automatically clear on its own. If you have any issues, please contact firstname.lastname@example.org.
We are not responsible for any fees or charges that your bank or credit card issuer may apply.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier (delivery providers). If you would like to receive a refund for any reason, please contact us at email@example.com. If you are not completely satisfied with your first pack, you may request a refund within 30 days of delivery. The refund will be issued to the same Payment Method (e.g., credit card, store credit, etc.) used to make your purchase following our receipt of the item being returned. If we are unable to issue your refund to the same Payment Method used for the purchase (such as when you cancel or replace your credit card), then we will issue the refund as store credit. Other refunds will be issued by us at our sole discretion.
- Pricing and Product Availability
Dadpack is committed to providing our customers with great quality products. We list availability information for products sold by us on the Site, beyond this we cannot be more specific about availability. We have done our very best to display our items as accurately as possible on the site. Please be aware, variations in style, color, size shape and look may occur. Despite our best efforts, a small number of products on our website may be mis-priced. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of that cancellation. As we process your order, we will inform you by email if any products you order turn out to be unavailable.
Delivery times quoted are estimates only, and they are not guaranteed shipping times and should not be relied upon as such. Dadpack is not liable for any delivery delays.
- Place of Performance and Applicable Law
Dadpack is a company registered in Colorado, United States. The Company makes no representation that any product referred to or described in the Services is appropriate for use, or available, outside of the United States. Dadpack does not offer the Services or ship any products outside of the United States.
We have taken reasonable care in the preparation of the content made available through our Services. However, to the extent permitted by applicable law, Dadpack disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this site.
Dadpack shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.
As a service to our visitors, our Services may contain hypertext links leading to other websites that are not operated or controlled by Dadpack. However, even if such third parties are affiliated with Dadpack, Dadpack has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Dadpack. Dadpack is not responsible for any material on any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.
- Intellectual Property
You acknowledge and agree that Dadpack and our licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
- License for Site access
Dadpack grants you a limited license to access and make personal use of this Site and for no other purpose. This license does not include any resale or commercial use of the Services or contents; any collection and use of any Services, product listings, descriptions, or prices; any derivative use of the Services or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information, including images, text, page layout, or form, of Dadpack without express written consent. You may not use any metatags or any other 'hidden text' utilizing our or our affiliates' names or trademarks without the express written consent of Dadpack. Any unauthorized use terminates the permission or license granted by Dadpack.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page at www.dadpack.com as long as the link does not portray Dadpack, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Dadpack logo or other proprietary graphic or trademark, including those of Dadpack exclusive brands, as part of the link without our express written consent.
Dadpack grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis.
- Your Conduct
You must not use the Services in any way that causes, or is likely to cause, the Services or access to the Services to be interrupted, damaged or impaired in any way. You must not use the Services for any of the following:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of, or contains, software viruses/malware/destructive files, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam' to cause annoyance, inconvenience or needless anxiety; or
- for any use or purpose not specifically authorized in this Agreement
- Copyright and Database Rights
All content included on the Site, such as photographs, text, graphics, logos, button icons, images and software, is the property of Dadpack or its subsidiaries, its affiliates or its content suppliers and is protected by Delaware, United States and international copyright and database right laws. The compilation of all content on this Site is the exclusive property of Dadpack and its affiliates and is protected by Colorado, United States and international copyright and/or database right laws. All software used with the Services is the property of Dadpack or our software suppliers and is protected by Colorado, United States and/or international copyright laws.
- Copyright Complaints
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site belong to you and infringe your copyright, you, or your agent, may send to Dadpack a written notice by mail, e-mail or fax, requesting that Dadpack remove such material or block access to it.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Dadpack a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details.
- Product Reviews
Dadpack reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that Perelel is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. Dadpack does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the product you are reviewing; (ii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iii) your review will comply with the terms set forth herein. If Dadpack determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such Review without notice. Further, Dadpack may remove any Reviews in the event it determines, in its sole discretion, that a Review:
- Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE) and/or the NASDAQ;
- Provides information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Constitutes mass mailings or "spamming", "junk mail", "chain letters"or "pyramid schemes";
- Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Dadpack;
- Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
- Is unrelated to the topic of the Reviews or products in which such Review is posted; or is otherwise objectionable, (ii) restricts or inhibits any other person from using or enjoying the Services, or (iii) may expose Dadpack or its users to any harm or liability of any type.
You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, wiki, forum or similar pages ( "Feedback" ) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site and Services.
- Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Similar Promotions
- Minors and Children
The Services are not intended for use by persons under the age of 18 (“Minors”). Minors should not use the Services without the supervision of a parent or legal guardian, and should not register for an account or submit any personal information to us. By using the Services unsupervised, and/or by registering for an account, you warrant that you are 18 years of age or older.
You are hereby notified that parental control protections, such as computer hardware, software or filtering services, are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Dadpack does not endorse any of the products or services identified on such sites.
You shall indemnify Dadpack and any third party, including our subcontractors, from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the company site or purchase of goods and/or services from that site which are brought or threatened against Dadpack or suffered or incurred by Dadpack by another person or entity.
- Events Beyond Our Reasonable Control
Dadpack shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, or extremely severe weather, explosion, war, disorder, flood, industrial disputes, whether or not involving our employees, acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
- Warranty Disclaimer
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, DADPACK EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IF FOR ANY REASON YOU ARE NOT SATISFIED WITH A PURCHASE YOU MAKE VIA THE SERVICES, PLEASE RETURN IN IN ACCORDANCE WITH OUR RETURN AND REFUND POLICY.
- No Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED WITHIN THE SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION ARE FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PROVIDED THROUGH THE SERVICES IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DADPACK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES HOWEVER CAUSED, INCLUDING DAMAGES FOR PRODUCT DEFECT, COMPUTER MALFUNCTION, LOST PROFITS, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, AND/OR THE COST TO OBTAIN SUBSTITUTE SOFTWARE OR SERVICES ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE SERVICES, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF DADPACK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DADPACK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE LOWER OF: THE AMOUNT ACTUALLY PAID TO DADPACK FOR PRODUCTS IN THE MONTH PREVIOUS TO ANY CLAIM OR USD$50.00. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE YOU AND DADPACK AND DADPACK WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THIS LIMITATION OF LIABILITY. THE ABOVE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICES, THIS AGREEMENT OR ANY ORDER MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SET OUT IN THIS CLAUSE, IN WHICH CASE IT MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF DADPACK.
- Modification of Terms of Service
Dadpack can amend this Agreement at any time and will update and post the updated Agreement on the Site in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this Agreement. Your continued use of the Site or the Services signifies your acceptance of any updated Agreement.
Dadpack will endeavor to notify you of material changes to the Agreement by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. Any changes to the Agreement will be effective immediately for new users of the Site or Services and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have a registered account on the site upon the earlier of thirty (30) days after posting notice of such changes on the site or thirty (30) days after dispatch of an e-mail notice of such changes to registered users. For this additional reason, you should keep your contact and profile information current. Any changes to this Agreement, other than as set forth in this paragraph, or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this Agreement on our part via telephonic or email communications shall be valid.
- Complete Agreement
- Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages or delays of transportation or shipping facilities, fuel, energy, labor or materials.
If you breach these conditions and we take no action, Dadpack will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
If any portion of this Agreement is held to be invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
- Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of the state of Colorado, United States, without regard to principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. To the extent that any lawsuit or court proceeding is permitted under this Agreement, you and Dadpack agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Denvcer, Colorado for the purpose of litigating all such disputes (“Courts”). Except for claims subject to binding arbitration, as provided below, venue for any claim brought by any party shall exclusively lie in the Courts.
- Arbitration Agreement
Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any products sold or distributed through the Services, Dadpack advertising, communications you receive from Dadpack, or to any aspect of your relationship with us, will be resolved by binding arbitration by a single arbitrator, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at the following address: Dadpack LLC, 867 Boylston St, Suite 500, Boston, MA 02116. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. 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 and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS's filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND DADPACK LLC. HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in paragraph a. above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in the Courts. All other claims shall be arbitrated.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
- Modifications. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.
When you visit www.dadpack.com or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. Where we require that you provide an email address, you are responsible for providing us with your most current email address. In the event that the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Dadpack at the following address:Dadpack LLC, 867 Boylston St, Suite 500, Boston, MA 02116. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Our contact details
Dadpack is an incorporated company registered in Colorado, United States.
You can contact us by emailing firstname.lastname@example.org.
Or you can contact by mail at our corporate offices:
867 Boylston St
Boston, MA 02116