terms of service
These terms of service were last updated on April 16th, 2020.
This document forms the terms of service for using our website, purchasing any products from this website and/or accessing our customer account pages on our website. Please read these terms of service fully and carefully before using smolproducts.com (the “Site”) and/or the services, features and content, applications or products offered by smol Inc.
IMPORTANT NOTICE: THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “DISPUTES AND ARBITRATION” SECTION BELOW.
These terms of service govern each customer (past, current or potential) and/or a viewer of the website (“you”, “your”) relationship with smol Inc (trading as smolproducts.com), a company registered in the United States, whose mailing address for correspondence is PO Box 689, New York, NY 10012 (“smolproducts.com”, “us.smolproducts.com”, “smol Inc”, “smol”, “us”, “we”, “our”), your customer account pages, all subscriptions or other purchases you make of smol products advertised for sale by us (the “Products”) via the website, all communications with you (“Communications”), our branded pages on social media services, or any of the other sites, services, features, content, applications and products we offer in the United States (collectively, the “Services”).
If you disagree with these terms of service or any part of these terms of service, you should exit our website immediately. At your request, any previous information you have inputted will be deleted and you will not be able to order any Product from our website (smolproducts.com) unless you re-enter the required information and accept these terms of service.
We reserve the right to change our terms of service. From time to time we will change the terms of service so please continue to check the terms of service when you use or access the Site. The terms of service concerning your access and use of the website are the version that is displayed on the website at each date you access and/or use the website. If you do not wish to accept our terms of service, you must discontinue use of the Services. Your continued use of the website, and your continued subscription to our Services after we make any changes, establishes your acceptance of any such changes. If you disagree with the changes, you must cancel your subscription. Details of how to cancel are described below.
Please refer to the FAQ section on the website for additional information.
This website and our Communications are created for access in the United States. Any users that are in a jurisdiction where the Site’s publication or availability is prohibited must not access the website. Those who do access the website do so on their own initiative and at their own risk.
NOTICE: THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “DISPUTES AND ARBITRATION” SECTION. BY ACCEPTING THESE TERMS, YOU AND SMOL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS YOU OPT OUT UNDER THE “DISPUTES AND ARBITRATION” SECTION, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO THE SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR A JURY.
By giving us your email address (by willingly creating your customer account with us, and/or purchasing Products through us) you agree to receive electronic communication directly from us. This communication can be directly related to your purchase or direct marketing from us.
When using our website functions (including the function where you enter your details about your laundry habits), using the customer account pages or emailing us, you are communicating with us electronically. You agree to receive Communications from us electronically. All information, notices, disclosures and agreements we communicate to you via email or via the website, are considered in writing.
ACCOUNT REGISTRATION AND MANAGEMENT
To purchase any Products, we require you to register with us using the method defined on our website. Registering with us will generate a customer account (“customer account”, “account”, a unique username with associated information) for you. This gives you access to the customer account pages, and means you can purchase Products from us.
You must be at least 18 years of age to register with us upon the date of registration. By registering with us and agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age. If you are under 18, you may not under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. The Services are offered for your use, and not for the use or benefit of a third party.
You must ensure that the details you provide us, via the customer account pages or any other Communication (including email) are correct and complete. Please note that we cannot be held responsible if you enter an incorrect email address with any misspellings or other errors. For security reasons we are unable to cancel or make amends to accounts where you cannot verify the exact email address you set the account up with.
You must promptly inform us of any changes to the information that you supplied to us – you can do this by accessing the customer account pages. This includes your payment details and your delivery address. If we are not able to take payment from your card, we are not able to process your order.
If you need the changes to take effect before your next order you must ensure the changes are made via the customer account pages more than 48 hours before your order is due to be packed and shipped.
All accounts are non-transferrable and you cannot transfer, trade, assign or sell your account with smolproducts.com to any other party.
You can access details regarding your subscription and delivery plan with smolproducts.com by logging into your customer account and clicking onto the relevant section of the website.
You agree not to impersonate any other person while using our website. You also agree not to conduct yourself in an offensive, unlawful, illegal, fraudulent, immoral or harmful manner while using our website.
You may not use our Site for illegal purposes or in any way that may harm our name or reputation.
RECURRING ORDER TERMS OF SALE
YOU ACKNOWLEDGE AND AGREE THAT EACH SHIPMENT IS AUTOMATICALLY CHARGED TO YOU UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT AS PER THESE TERMS OF SERVICE.
We will automatically charge your payment method when your order is sent to our warehouse for processing, which is dependent on the shipping frequency chosen and authorized by you during the account creation process.
We will charge your payment method with the applicable cost for your smol Products, which will include any shipping and handling costs. Sales tax may be added to the amount payable by you, and will depend on (i) the shipping address you provided (ii) your state and any applicable local jurisdiction taxes.
WE MAY SUBMIT PERIODIC CHARGES (FOR EXAMPLE, MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED YOUR SUBSCRIPTION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, OR TO CHANGE YOUR PAYMENT METHOD OR SUBSCRIPTION SERVICES, GO TO YOUR ACCOUNT, OR CONTACT US AT HELP@SMOLPRODUCTS.COM.
Our Products are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed, exported or used for any other commercial purpose.
We use a third-party payment processor, which is currently Stripe (but which may change from time to time), to bill you through a payment account linked to your account on smolproducts.com. The processing of payments will be subject to the terms, conditions and privacy policies of Stripe in addition to these terms of service. We are not responsible for errors or other issues caused directly or indirectly by Stripe or any other payment provider. By choosing to use our Services, you agree to pay us, via Stripe, all charges in accordance with the applicable payment terms and you authorize us, through Stripe, to charge your chosen payment method. We reserve the right to correct any errors or mistakes that Stripe makes even if it has already requested or received payment.
PASSWORD AND SECURITY
When you register for an account with us on our website you will be asked to choose a user ID and password which is associated with your customer account. You are liable and responsible for the creation of a secure password and you will keep it confidential..
You are liable for all purchases made on your smolproducts.com account, even if your account has been breached or accessed without your authorization in any way.
You are liable for all actions and any changes to your account in the customer account pages of smolproducts.com (including but not limited to change of shipping address).
You must notify us in writing immediately at email@example.com if you suspect or become aware of any disclosure of your password, unauthorized access to your account and/or use of your smolproducts.com customer account.
You must not use any other person’s account to access the website (unless you have that person’s express permission to do so). Conversely, you must not allow any other person to use your account to access the website unless you have given express permission for them to do so.
We can only register one person per account, and for security purposes you may be asked for confirmation of your details if you contact us to discuss your account.
USE OF SMOL SERVICES
As a condition of use, you agree not to use the Services for any purpose that is prohibited by these terms of service.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large burden on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the website; (iii) bypass or circumvent any measures we may use to prevent or restrict access to smolproducts.com (or other accounts, computer systems or networks connected to the website); (iv) run any form of auto-responder or “spam” on the website; (v) use manual or automated software, devices or other processes to “crawl” or “spider” any page of smolproducts.com; (vi) harvest or scrape any content from the website; (vii) distribute information you know is false, misleading, untruthful, unlawful or inaccurate; (viii) upload any software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (ix) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction. You shall abide by all applicable local, state, national and international laws and regulations.
All orders of our Products must be for personal use only. By purchasing our Products, you hereby agree not to resell or distribute such Products for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
YOUR SMOL PLAN
When signing up for a smol plan you are agreeing to our regular tailored service of laundry capsules delivered to your stated delivery address. You are also accepting all safety issues noted on our website and in doing so will also agree to take responsibility for the safety of these goods once delivered to your stated delivery address.
You must have an account to order and purchase Products from us.
You must have correct, accurate and valid card payment details entered on your customer account.
The smol plan is a tailor-made subscription based on criteria you specified about your washing patterns on smolproducts.com upon completion and registration of your customer account. When you register for an account, you will automatically be subscribed to a regular order and delivery of Products from smolproducts.com. For the avoidance of any doubt, by ordering Products on our Site, you are signing up to a periodic subscription with us and you agree to pay the then current applicable order price communicated to you on the Site. Your subscription will continue in line with the washing patterns you have chosen unless or until you change that pattern or cancel your subscription, or we terminate it.
The cost will be displayed on the website prior to you confirming your order. At this point, you can change your details and the details of your deliveries before continuing with the order and purchase. The total price of your past and future orders is also visible in your customer account pages.
We reserve the right to vary the contents of your order without notice and at our sole discretion.
You can manage your future orders with us through your customer account on our Site, smolproducts.com.
The total price will be charged to the payment card we hold on your account for you at the time of the order processing for each specific order.
If you cancel your smol plan and subsequently reactivate at a different time, the price for the smol plan subscription may be a different price to the price in effect for the smol plan at the time of cancellation.
The price that we will charge you for your smol plan may change at any time, with appropriate notice to you.
Once you have received at least one regular 24-capsule laundry pack, you can cancel your smol plan online within the “your details” section of your customer account. You can also cancel your subscription at any time by emailing us with your name and address at firstname.lastname@example.org. Details for how to cancel your subscription can be found on our FAQ page.
The estimated delivery date for upcoming orders is visible on your customer account (see the deliveries schedule). Your subscription must be cancelled at least 24 hours before your next scheduled delivery date to ensure you are not billed for this shipment. Orders may still be charged and delivered if your notification of cancellation is less than 24 hours before your next scheduled delivery date.
DELIVERIES AND RETURNS
Products ordered from us will be delivered by the USPS to addresses within the continental United States.
Your starter pack will typically be delivered within four to nine business days of your first order. Future deliveries run on a regular schedule according to the information supplied to us by you upon registration. Your delivery schedule is visible to you in the customer account on the website.
Actual delivery times can vary based on your location and circumstances impacting delivery that are out of our control (including public holidays and force majeure scenarios). You will not hold us liable for any delays that are wholly or partly outside our control.
You must report missing or undelivered deliveries promptly by emailing us at email@example.com.
Please ensure that your address and contact details are kept up-to-date as referred to in the Account Registration and Management section of these terms of service.
We strive to deliver our Products to you in perfect condition. However, if you're not satisfied with the Products you receive from smolproducts.com and wish to return any Product to us, please use the following steps:
- Email us at firstname.lastname@example.org from the email address associated with your customer account. Please include details of the product that you wish to return and your reason for returning the product. Please do this within 7 business days of receipt of the product from us.
- If we require the Products to be returned to us, we will communicate this to you. Please take reasonable care of the Products while they are in your possession prior to any return. We will inspect the Products upon their arrival back to us.
- We may request further information from you regarding the product’s return.
- If a fault is agreed on our part, and/or refund agreed, we will aim to refund you within 10 business days. The refund will cover the cost of the Products being returned.
For deliveries which have subsequently been returned to us due to either:
- Customer not collecting from the post office
- Customer delivery address entered incorrectly
then the delivery can be refunded or resent, however a $2 contribution towards re-postage will need to be charged.
TERMINATION OR REFUSAL BY US
We reserve the right to terminate, suspend, refuse or cancel your account and/or subscription order at any time at our sole discretion without notice or explanation. If we do this, you will only be charged for orders that have been shipped to you. Upon termination, you shall immediately cease all usage of the Site and Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all passwords and account details issued to you and deny your access to, and use of, the Site and Services in whole or in part. We will not have any liability whatsoever to you for any termination, suspension or cancellation of these terms of service, your account, the Site or the Services.
INTRODUCTORY/MEMBER OFFERS AND DISCOUNTS
From time to time we may present special offers to new and/or existing customers.
Where we make such offers, introductory offers are only available to new users of the website. Users who have previously registered for the smol plan do not qualify for an additional offer, unless expressly stated. “Users who have previously registered” refers to any combination of: a user with a user account at smolproducts.com, a credit or debit card, a credit or debit card holder, a delivery address, a cardholder address, or a household, who or which has previously made use of, or been directly associated with, the smolproducts.com service.
At our sole discretion, we may restrict who may enter into offers for any reason.
Unless explicitly stated otherwise, all offers are limited to one per household.
We may cancel any special offer, introductory offer or discount at any time without notice or explanation.
Promotional discounts and offers are available for limited time periods only.
The Friend Get Friend scheme allows existing smolproducts.com customers to share their unique Friend Get Friend codes with their friends, enabling the referrer to receive a discount. Friend Get Friend codes can only be used by new customers who have not previously had a smolproducts.com account or delivery (therefore previously registered users cannot use a Friend Get Friend code). Existing smolproducts.com customers cannot use Friend Get Friend codes, and customers cannot use their own unique Friend Get Friend codes on their own account.
Once an existing smolproducts.com customer (“referrer”) has referred a friend with their Friend Get Friend code and the referred friend has both signed up using that code and received their first smolproducts.com delivery, the referrer will receive a discount off their next delivery. This credit cannot be applied retrospectively.
Each customer is able to refer a maximum of 10 friends and earn a maximum of 10 referral rewards. We reserve the right to increase or decrease these limits at any time, at our sole discretion and without prior notification or explanation.
We reserve the right to put any user account(s) on hold and prevent outgoing deliveries, and/or remove any Friend Get Friend credit from any user account(s) where we become aware of or detect any abuse or unfair treatment of an offer or Friend Get Friend referral code(s) and associated reward(s).
When sharing your Friend Get Friend code you may not mimic or misrepresent smolproducts.com or otherwise mislead people to believe that they are dealing with smolproducts.com or affiliates. We require you to sign up with a customer account at smolproducts.com in order to redeem any offer. This process is detailed in the “Account Registration and Management" section, and specifically this registration process includes you registering valid payment and delivery details. This includes registering for free and discounted offers.
Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.
smolproducts.com reserve the right to remove unclaimed Friend Get Friend credit after 6 months. Once an account has been inactive for 12 months (defined as there being no deliveries in the preceding 12 months) we reserve the right to remove Friend Get Friend credit whether it has been claimed or not. Any Friend Get Friend credit (whether claimed or not) on an account that is cancelled is immediately removed.
Purchase of our Products is only via the smolproducts.com website, and requires a registered customer account with valid payment and delivery details to redeem a free or discounted offer, or to redeem credit on an account.
You cannot redeem account credits and offers for cash.
After any discounted offer you will be charged the full price for subsequent orders until such time as another applicable and valid discounted offer is applied, or you cancel active subscriptions and orders with us.
These terms of service can be changed at any time.
THE SMOL MONEY-BACK GUARANTEE
We hope you love our smol Products. However, if for any reason your experience isn’t satisfactory, we will refund you the original order price of that Product under the smolproducts.com money-back guarantee.
To claim under the smol money-back guarantee we require you to contact us at email@example.com within 10 days of the capsules arriving at your nominated delivery address. The email must be sent to us from the email address associated and registered with your account (to confirm that you are the account holder), and must include details of why you wish to submit a claim under the money-back guarantee.
It is your responsibility to arrange return of the remaining portion of the pack to us. When you contact us, we will provide our returns address. You must pay for the cost of the return, and have the capsules in transit back to us within 14 days of the capsules arriving at your nominated delivery address.
The amount refunded will be for the items for which the claim under the money-back guarantee is made. The original order price means the final price paid after any promotional discounts or account credits have been redeemed or applied for that purchase.
We will arrange a refund within a reasonable period of the initial email being received by us from you, provided the product has been returned to us. This will be repaid onto the card registered to your customer account and we will notify you once this refund has been issued – it can take up to 10 business days from this point for the payment to be credited to your bank account.
The smol money-back guarantee only applies to the first delivery on your smolproducts.com account and claims are limited to one per household and / or smolproducts.com customer account holder.
COPYRIGHT AND INTELLECTUAL PROPERTY
The website, our Services, their content and intellectual property remains ours at all times, unless licensed or borrowed property. We hereby grant you a limited, revocable, non-transferable and non-exclusive license to use our Site and our Services for your personal and non-commercial use.
This content and intellectual property includes trademarks, logos, trade names, registered designs, patents and copyright and any other intellectual property derived from the function or design of the website or any Communications.
Through use of the website and receiving the Communications, you automatically agree to respect these copyright and intellectual property rights.
You may not use, copy, modify, transmit, download, print or reproduce in any means any materials from the website for commercial purposes unless explicitly permitted by smolproducts.com.
The website may also include links to external websites (outside the smolpducts.com domain). We do not control these websites and the links are provided only for your convenience and information. Their inclusion on the website does not signify our endorsement of the websites or their associated companies. We have no responsibility for the content, privacy policies and operation of any websites we link to. You use all external links at your own risk.
We reserve the right to request that you immediately remove any links to our website that you create and publish.
The term “user material” refers to all information, ideas, and content that a user submits or enters to smolproducts.com or via third party services such as a user’s social media account (e.g., Facebook, Instagram, Twitter, etc.), including text, files, images, photos, video, sounds and artistic expressions. You are solely responsible for your user material and assume all risks associated with use of your user material. We disclaim all liability in connection with user material to the extent permitted by law. We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your user material, and to restrict, suspend, or terminate your access to part of smolproducts.com.
Any user material that is submitted to us via smolproducts.com or otherwise shall be the property of smol, and may be treated by smol as non-confidential information. In such case, you agree that: (a) any idea (including its complete contents) by you to smol will automatically become the property of smol, without any compensation to you; (b) smol may use or redistribute any ideas and its contents for any purpose and in any way, without any compensation to you; and (c) we have no obligation to keep any user material confidential, and no confidential relationship may be established by or inferred from any such user material to, or the consideration of your ideas by smol.
This website and our communications, and their content, are provided as is.
We make no warranty that the website will operate error-free or uninterrupted.
We accept no liability for the content of and functions contained on the website and in our Communications.
We do not warrant that the Site is compatible with all computer or mobile device software and equipment.
We cannot warrant that the website and its server is free of errors, “worms”, viruses, “Trojan Horses” or any other malicious software and we shall not be liable for any damage you may suffer as a result of such destructive and unintended features.
We will not be in breach of these terms of service or contract as a result of any failure to perform our obligations or any delay in our performance if that failure or delay is due to any circumstance beyond our reasonable control.
We warrant that the products will be fit for purpose and of satisfactory quality.
This warranty is in lieu of all other warranties, expressed or implied.
You agree to indemnify, defend and hold smol Inc (and its officers, employees, agents and its affiliates, and their respective officers, employees and agents) harmless from any claim, demand, action, proceeding, damage, fine, or loss of any kind, including attorneys’ fees and costs, made by any third party due to or arising out of your use of smolproducts.com, your user material, your violation of these terms of service, or your violation of applicable laws or regulations.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
LIMITATIONS OF LIABILITY
Please be aware that our Products contain potentially toxic and harmful contents that may cause personal injury and/or property damage if not used responsibly. An appropriate level of care should be taken by you in accepting deliveries to your nominated delivery address. You take full responsibility for reviewing in detail the safety section of the smol website and acting accordingly. You take full responsibility for any injury or damage that is caused to you and/or any other third party by our Products being used, destroyed or ingested following delivery to your nominated delivery address.
In no event shall we, including our shareholders, directors, officers, employees or agents, and the affiliates and parent company(ies) of smol, and their respective shareholders, directors, officers, employees and agents be liable (jointly or severally), to you or any third party for any special, incidental, exemplary, punitive, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of injury or damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. Access to, and use of smolproducts.com and the Services are at your own discretion and risk, and you will be solely responsible for any damage or loss, including to your computer system or loss of data resulting therefrom.
If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. Our maximum liability to you, arising out of or in connection directly or indirectly with your use of smolproducts.com, Site content or the Services shall not exceed in aggregate the total amount paid by you to us in respect of the Services in the month preceding any such claim. The existence of more than one claim will not enlarge this limit. You agree that our agents will have no liability of any kind arising from or relating to this agreement.
DISPUTES AND ARBITRATION
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
smol Inc and you agree that this agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Services, and/or the provision of content, Services, and/or technology on or through smolproducts.com, smol or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to smol by email to firstname.lastname@example.org AND by U.S. Mail to smol Inc Attn: Privacy Officer, P.O. Box 689, New York, NY 10012. To the extent that smol has your contact information, it will send any such notice to you by U.S. Mail, or otherwise to your email address. smol and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. smol and you shall use reasonable efforts in good faith to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, smol or you may resort to the other dispute resolution alternatives described in this section. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Services.
Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between smol and you arising under this agreement or in connection with your access to, and/or use of the Services, and/or the provision of content, Services, and/or technology on or through smolproducts.com, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Services shall not be subject to arbitration.
For residents outside the United States, arbitration shall be initiated in the state of New York and smol and you agree to submit to the personal jurisdiction of any state or federal court in New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated available at www.jamsadr.com or by calling JAMS at 1-800-352-5267 (referred to as the "JAMS Rules") and under the rules set forth in these terms.
For all claims filed, the JAMS Rules will govern payment of filing fees and arbitration fees. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorney's fees and expert witness costs unless smol is otherwise specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on smol and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. smol and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow this agreement and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. Notwithstanding the foregoing, smol and you agree not to seek any attorney's fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. smol and you understand that, absent this mandatory arbitration provision, smol and you would have the right to sue in court and have a jury trial. smol and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
You may choose to pursue your claim in small claims court where jurisdiction and venue over smol and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to via email@example.com AND by U.S. Mail to Privacy Officer, smol, P.O. Box 689, New York, NY 10012. The notice must be sent within the later of 30 days of your first use of the Services or registration at smolproducts.com, or within 30 days of changes to this section being announced on smolproducts.com, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, smol also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of smolproducts.com will be deemed to be your irrevocable acceptance of these arbitration provisions and any changes/updates to this section or otherwise.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, smol and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of smol to the extent that any such claims arise out of your access to, and/or use of the Services, and/or the provision of content, Services, and/or technology on or through smolproducts.com.
REMEDIES AND VALIDITY OF PROVISIONS
If any provisions of these terms of service is, or becomes invalid, or contravenes applicable regulations then the remaining provisions will not be affected.
WAIVER AND BREACH
No waiver by us, or breach of the terms of service shall constitute a waiver of any other form.
No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
WEB LINKS AND ADVERTISING
Links to our website from other websites or publications (included but not limited to newspapers, magazines, newsletters and flyers) (other than sites owned by us or publications commissioned by us), are for information only. They have not been reviewed by us and as such we have no responsibility for the content of such websites or publications and accept no liability for any losses whatsoever than may be incurred as a result.
Subject to the Disputes and Arbitration section above, these terms of service shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States of America. You agree that any dispute arising from or relating to the subject matter of these terms of service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of New York County, New York. You hereby waive any defense of inconvenient forum to the maintenance of any action or proceeding so brought.