Spine Massager Terms & Conditions
These “Terms” record the contractual agreement between you (“you”, “your”) and SIA Spine Massager(“Spine Massager”, “we”, “us”, “our”), regarding your use of and access to the website located at https://www. spine-massager.com or/and any other websites owned or operated by Spine Massager or any portions thereof (collectively, the “Website”), our mobile app “Spine Massager” (the “App”), our customer service (including refunds) and any resources, features, functionality, or services made available through the Website and/or App (the “Service”).
Spine Massager reserves the right at any time and in its sole discretion to modify, refuse (to anyone for any reason) or discontinue, temporarily or permanently, the Website, the App or the Service (or any part thereof) with or without any notice. You agree that Spine Massager shall not be liable to you or to any third party for any claim or loss related to you and arising out of such modification, suspension, or discontinuance of the Service.
Your access to and use of the Website and/or App signifies that you have read, understand and agree to be bound by these Terms, whether you are or are not a registered user of Spine Massager, and is subject to your compliance with these Terms. Spine Massager reserves the right to change, add, or delete any portions of these Terms from time to time, without liability or any notice to you, and your continued use of the Website and/or App constitutes your acceptance of and agreement with any and all such changes. It is your responsibility to regularly check the Website or App to determine if there have been changes to these Terms and to review such changes. If you do not agree to abide by these or any future Terms, please do not access or use (or continue to access or use) the Website or App. In addition, Spine Massager may post additional terms, conditions, rules or requirements related to the Website and/or App and/or the services and features of either. All such terms, conditions, rules, or requirements are or will be incorporated by reference into these Terms and you agree to be bound by and subject to them. At its sole discretion, Spine Massager also may offer other services or features governed by different terms & conditions.
# Spine Massager’s Role in Transactions
Spine Massager provides a platform for merchants who comply with Spine Massager’s policies to offer and sell certain goods. Spine Massager is not directly involved in the transaction between buyers and merchants and any rights that you may have in respect of any item are therefore only against the merchant from whom you purchase it and not against Spine Massager. Spine Massager acts as an agent for purposes of processing payments, chargebacks, refunds, customer service and adjustments for transactions between buyers and merchants, receiving and holding transaction amounts on behalf of buyers, charging buyers’ credit cards, and paying merchants amounts buyers owe them.
Spine Massager is financially liable for chargebacks to merchants and resolves disputes between buyers (cardholders) and merchants. Chargebacks related to customers and associated with fraud related risks shall be investigated by Spine Massager and payment service providers in accordance with their mutual contractual obligations.
Please feel free to contact Spine Massager Support at firstname.lastname@example.org with any questions or concerns.
Any user IDs, names or passwords associated with your account shall be maintained by you as confidential and should not be shared by you with anyone not authorized to have access to your personal information. You may have multiple accounts on Spine Massager, but Spine Massager strictly forbids the use of multiple accounts for the same sole user or the use of one account for multiple users for the purpose of earning more rewards. Spine Massager will not honour rewards from such accounts.
Unless explicitly stated otherwise, any new feature or functionality that augments or enhances the current Service, including the release of or access to new properties, shall be subject to these Terms.
Each user warrants and agrees that any information you post or display shall:
- be true, accurate, complete and lawful;
- not be false, misleading or deceptive;
- not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
- not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- not violate any of Spine Massager’s policies or any other terms.
Each user warrants and agrees that you shall/are:
- carry on your activities on the Website of in the App in compliance with any applicable laws and regulations;
- carry on your activities in accordance with the terms and any applicable additional agreements;
- not use the Service to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
- not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- not engage in spamming or phishing;
- not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
- not involve attempts to copy, reproduce, exploit or expropriate the Service various proprietary directories, databases and listings;
- not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- not involve any scheme to undermine the integrity of the data, systems or networks used by Spine Massager and/or the Service or gain unauthorized access to such data, systems or networks;
- not engage in any activities that would otherwise create any liability for Spine Massager or our affiliates.
# Age Restriction
# User Communication
Spine Massager has the right, but not the obligation, to monitor, decline, edit or remove all or a portion of any postings, submissions or content in Spine Massager’s sole discretion. By using the Website, the App or the Service or communicating with Spine Massager or others by means of your access to the Website or App, you consent to receive communications from Spine Massager, including but not limited to, emails, text or messages in social networks, and other online, mobile, or conventional methods as exist now or may exist in the future. You also agree not to misuse the communication tools available to you by means of your access to the Website or App, including but not limited to, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates these Terms.
The Website, App, and the content and all intellectual property rights included in or associated with the Website or App, including, but not limited to patents, copyrights, trademarks, service marks, logos, (the “Content”) are either owned by Spine Massager or owned by others and licensed to us. All rights, title and interest in and to the Website or App and such Content remains with us or our licensors. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website, App or in the Content. You agree not to access the Service by any means other than through the interface Spine Massager provides via the Website or App for use in accessing the Service. Your use of the Website, App or Service does not grant you any right, license or permission of any kind to reproduce or use Spine Massager’s intellectual property.
The Content is provided for general information only. It is not intended to amount to advice on which you should rely, therefore Spine Massager shall not be deemed liable for any damages or harm (both — economical and non-economical losses) thereof. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Website or App.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the Content on our site is accurate, complete or up to date.
# User Feedback and Content Submissions
Spine Massager welcomes your feedback, but if you send us or post or embed on the Website, App or via any part of the Service, any feedback, messages or comments; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (a “Submission”), you represent and warrant to Spine Massager that you either own the Submission or have the right to grant Spine Massager the license set out below.
You agree that in using all or part of a Submission, Spine Massager shall not be required to compensate you for any such license or Submission in addition to the provided possibility to utilize the Service, that any such Submission shall not be considered confidential or non-public once submitted to Spine Massager, and that Spine Massager alone is free to decide whether or not to post or use all or any part of the Submission. In the event that all or part of a Submission is posted or used via the Service, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Submission to Spine Massager via the Website, App or otherwise, you: (a) agree not to make any Submission that violates in any way these Terms or which includes Inappropriate content as defined below; (b) automatically grant Spine Massager a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licensable license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of any use by us or any of our licensees of any Submission. You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your Submission through the Service, and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted through the Service and under these Terms.
Spine Massager reserves the right to remove content at any time with or without any notice. Inappropriate content is not permitted on the Website or App. Inappropriate content includes, but is not limited to: firearms, alcohol, illegal drugs and drug paraphernalia, tobacco and tobacco products, adult or pornographic material, offensive material, and obscene material. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Spine Massager’s, employee, officer, partner or customer may result in immediate termination of your accounts.
We are not responsible for viruses, spyware, worms or any other malicious software or code and you must not introduce them.
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
Spine Massager shall have the right to terminate your use of the Website, App and/or your registration privileges at any time for any reason, including, but not limited to, your breach of these Terms, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations. Following any such termination, Spine Massager shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that Spine Massager terminates your use rights, Spine Massager shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and/or liabilities occasioned by any such breach or violation.
# Linking and Third-Party Content
The Website, App and Service may contain links to third—party websites not under our control or operation. Spine Massager or users may provide any such links only as a convenience; Spine Massager does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Website and/or App may contain news, advertisements, content, image and information published by various third—party providers. Use of any such third—party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not establish a link to our site in any website that is not owned by you. The website in which you are linking must comply in all respects with our content standards from time to time.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without any notice at any time.
# Copyright Infringement
Since we respect artist and content owner rights, it is Spine Massager’s policy to consider notices of alleged infringements.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on Spine Massager, please notify Spine Massager’s copyright agent at email@example.com. When filing your report, please provide the following information:
- An electronic or physical signature of a person authorised to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on Spine Massager;
- Information reasonably sufficient to permit Spine Massager to contact you, such as your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
# Sales, Custom and Value-added taxes
In an effort to comply with consumer legislation, we strongly encourage our merchants as well as our end customers to maintain good standing with respect to custom and value-added taxes or VAT, where applicable.
Due to separate and applicable tax jurisdictions, the end customers’ purchases may be subject to specific sales, custom or value-added taxes, (and it is your responsibility to pay these, if applicable), and the shipping time and associated cost may increase. When ordering via the Website or App you are importer of goods and must fully comply with all laws and regulations of the destination country.
# How to purchase
It is easy to make a purchase from the Spine Massager website.
- Choose a product
- “Add to cart”
- Choose the quantity (the default quantity is 1)
- Input your personal data and shipping information
- Check the data and confirm your order.
- Input bank card data: card number, expiration date and CVV/CVC code (card data is encrypted and processed only by the billing system of a bank)
The merchant will receive your order information 2 hours after payment. So, if you change your mind within 2 hours of purchase, you can cancel the order at the bottom of the order page (see “How to request a refund”, below).
Please note that it may not always be possible for a merchant to accept an order (perhaps because you live in a country that restricts imports or imposes high import tariffs or for other reasons) and that an order will only become binding if it is accepted by the merchant. It typically takes 1-2 days for a merchant to ship your order although the exact delivery times will vary depending on your location. Your payment may be processed through Stripe or Payoneer.
Please note that if there is a change in the rate of any sales tax between your order date and the date any product is supplied to you, we may be required to adjust the rate of sales tax that you pay.
# Refund terms
You will be entitled to a full refund if:
- More than 60 days since the purchase date have passed and the product has not been delivered. This period may be temporarily extended in specific cases. You will be notified about any such extension before your order is accepted.
- Product quality is significantly worse than that in the relevant product description (the item is defective, damaged (if such circumstances are not specifically noted in the description) or the information provided in its description turns out to be substantially incorrect) on the Website or in the App and there is no way you can enjoy the product properly.
- You have changed your mind on the purchase within 14 days of receiving your product and you have not used the product or done anything to it that makes it no longer saleable as new. Please note that you must return each item in the same condition in which you received it. This means that new items must be returned new, unused and complete. Used items must not have any additional signs of use or damage.
You should return the product to the merchant. Don’t forget to contact our customer support team to clarify the return address before you return the product, otherwise Spine Massager reserves the right to reject your refund request. Only after the support team has received a proof of the return shipment can a refund be considered. We aim to respond to all requests within 48 hours upon receiving.
The following products cannot be returned the unless received defective:
- Products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
- Sealed audio or video recordings or of sealed software (incl. video games) if unsealed by you after delivery;
- Goods made to your specifications or clearly personalized, especially personalized and handmade items;
- Goods which may deteriorate or expire rapidly;
- A service, if the supplier has fully performed it and you accepted when you placed your order that the supplier could start to deliver it, and that you could not cancel it once delivery had started;
- Digital content (including apps, digital software, e-books, MP3, etc.) which is not supplied on a tangible medium (e.g., on a CD or DVD) if you accepted when you placed your order that the supplier could start to deliver it, and that you could not cancel it once delivery had started.
Goods damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.) and/or by misuse or activities other than the intended purpose are also not returnable.
Spine Massager does not cover the shipment costs of returns.
You may be entitled to a partial refund if:
- Product quality is slightly different than that in the relevant product description and you are still able to enjoy the purchase.
# How to request a refund?
There are several ways to request a refund:
- If less than 2 hours have passed since you purchased the product, you can cancel the order and get a full refund. Go to My orders, tap the order you want to cancel and tap the “Order cancelation” button on the bottom of the order page.
- If the quality of the product you’ve received is significantly worse (the item is defective, damaged (if such circumstances are not specifically noted in the description) or the information provided in its description turns out to be substantially incorrect) than the description on the Spine Massager website. Go to My orders, tap the order you want to refund and tap “Product related issues”
- If 60 days (or extended period according to Refund Terms) since the purchase date have passed and your order has not yet been delivered.Go to My orders, tap the order you want to refund and tap “No” on a green pop-up.
- If you have changed your mind on a purchase within 14 days of receiving a product. Go to My orders, tap the order you want to refund and tap “Product related issues”
# Refund process
- Refunded monies are transferred only to the card you’ve used to make your purchase.
- We aim to complete the refund process for valid claims within less than 14 days. Our usual processing time is 2-3 days.
# Warranty Disclaimer
Neither Spine Massager nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS IS” and without any warranty of any kind from Spine Massager or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICE AND CONTENT ARE PROVIDED BY SPINE MASSAGER (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labelling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported YOUR country. When ordering from THE WEBSITE OR VIA APP, YOU ARE THE importer and must THEREFORE comply with all laws and regulations of the YOUR country.
# LIMITATION OF LIABILITY
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. HOWEVER TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, (INCLUDING NEGLIGENCE) CONTRACT, BREACH OF STATUTORY DUTY, STRICT LIABILITY, OR OTHERWISE) SHALL SPINE MASSAGER (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY DAMAGES (EVEN IF FORESEEABLE) RESULTING FROM YOUR SELECTION, OR USE OF, OR INABILITY TO USE, OR THE SUITABILITY OF THE WEBSITE, APP AND ANY USE BY YOU, OR RELIANCE BY YOU ON, OF THE INFORMATION, CONTENT, MERCHANDISE AND EXPERIENCES PROVIDED VIA THE WEBSITE AND/OR APP OR PURCHASE OR USE OF PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA THE WEBSITE OR APP, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE, LOSS OF GOODWILL BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION OR ANTICIPATED SAVINGS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) 100 EUR OR (II) THE AMOUNTS PAID BY YOU TO SPINE MASSAGER IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Spine Massager, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Service (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without Spine Massager’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
# Choice Of Law & Jurisdiction
These Terms and your use of the Service will be interpreted in accordance with the laws of England (United Kingdon) and all claims and disputes (including non-contractual claims and disputes) arising out of or in connection with your use of the Service will be determined in accordance with the laws of England & Wales.
The United Nations Convention on Contracts for the International Sale of Products is hereby excluded from this Agreement.
# Other Terms
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that Spine Massager may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
You and Spine Massager agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Spine Massager, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Spine Massager, and you do not have any authority of any kind to bind Spine Massager in any respect whatsoever.
# Dispute Resolution
Mandatory, Bilateral Arbitration and Waiver of Class Actions.
Please read this carefully. It affects your rights. YOU AND SPINE MASSAGER AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICE, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE SERVICE, TO THIS AGREEMENT, OR TO THE CONTENT, AND/OR USER SUBMISSION (PUBLIC, PERSONAL AND/OR LIMITED AUDIENCE) ON THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION.
“Disputes” shall include, but are not limited to, any claims or controversies between you and Spine Massager related in any way to or arising out of in any way from the Service, the Content, any Submission, including but not limited to claims or controversies concerning any sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Spine Massager, even if the claim arises after you or Spine Massager has terminated Service or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that Spine Massager brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Spine Massager, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Spine Massager; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.
# Dispute Notice
Before initiating an arbitration, you and Spine Massager each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute sent to Spine Massager should be emailed to firstname.lastname@example.org. Spine Massager will provide a Notice of Dispute to you via the email address associated with your Spine Massager User ID. You and Spine Massager agree to make attempts to resolve the Dispute during the period of 45 days after a Notice of Dispute is given and not to commence an arbitration proceeding until this 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Spine Massager may commence an arbitration proceeding.
# Arbitration Process and Procedure
Unless you and Spine Massager agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS International Arbitration Rules then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside or some other place reasonably convenient to you. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Further, unless both you and Spine Massager expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND SPINE MASSAGER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Spine Massager each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
If your claim does not exceed 5,000 EUR, you and Spine Massager agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and Spine Massager submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Spine Massager, or deemed necessary by the arbitrator, you and Spine Massager agree that the hearing will be conducted telephonically or video graphically.
# Arbitrator’s Decision
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award are final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed 5,000 EUR, Spine Massager will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).
# Small Claims & Government Actions
As an alternative to arbitration, you or Spine Massager may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Spine Massager on your behalf.