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Terms & Conditions

 TERMS OF SERVICE

Welcome to Collective Laboratories. Please read these terms of service ("Terms of Service") carefully. They apply to your use of the Collective Laboratories, Inc. (“Collective Laboratories”) website at www.collectivelaboratories.com (the "Site"), Collective Laboratories -controlled social media pages (including on Facebook, Instagram, and Twitter), and the related goods and services offered by Collective Laboratories through the Site. To make these Terms easier to read, the Site, the related goods services offered through the Site, along with the Collective Laboratories-controlled social media pages are collectively called the “the Services.”

 

1. Introduction 

 

The Terms of Service set forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by the Terms of Service and our Privacy Policy - https://www.collectivelabs.com/pages/privacy-policy -(together, the “Agreement”). Also, you must indicate your acceptance of the Terms of Service and Privacy Policy when you create a Collective Laboratories account, subscribe to our email newsletter, and/or purchase a product from us.

THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. PLEASE NOTE THAT SECTION 12 OF THE TERMS OF SERVICE INCLUDES AN ARBITRATION AGREEMENT. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND COLLECTIVE LABORATORIES AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION.Collective Laboratories may, in its sole discretion, modify or revise the Terms of Service at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to the Terms of Service, you should periodically review the most up-to-date version, which will always be posted at https://www.collectivelabs.com/policies/terms-of-service. Your continued use of the Services constitutes your acceptance of such changes.

 

2. Eligibility and Account Creation

 

2.1 Services Eligibility 
To accept the Terms of Services, you affirm that you are either at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service. Minors between the ages of 13 and 18 who have not been emancipated may only use the Services with the involvement and consent of a parent or guardian.

 

2.2 Your Account 
If you access certain features of the Services, you may have the option to create a Collective Laboratories account (“Account”). When creating your Account, you must provide and maintain accurate and complete information and you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and keeping your password secure. You agree not to use the account, username, or password of another Collective Laboratories account holder at any time or to disclose your password to any third party. You may never create an Account using a false identity or information, on behalf of someone other than yourself, or use another person’s account without permission. Collective Laboratories may refuse to open an Account for any reason, in its sole discretion.

You agree to notify Collective Laboratories immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. You are solely responsible for any and all use of your Account. Collective Laboratories will not be liable for your losses caused by any unauthorized use of your Account.

These Terms of Service shall remain in full force and effect while you use the Services, have an Account, and even after your Account is terminated. You may terminate your Account at any time, for any reason, by emailing support@collectivelaboratories.com.

Collective Laboratories may terminate your Account or your access to Services at any time, without warning and in Collective Laboratories’ sole discretion, if you breach these Terms of Service, or otherwise.

 

3. Online Store Terms

 

3.1 Orders 
You agree that your order is an offer to buy all products and services listed in your order. All orders placed through the Site are subject to Collective Laboratories’ acceptance. This means that Collective Laboratories may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled by Collective Laboratories, we will issue you a refund.

 

3.2 Products 
Certain products may be available exclusively online through the Site. These products or services may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right at any time to modify or discontinue any of our products, any part of the Services, or the Services as a whole without notice at any time. Any offer for any product made on the Services is void where prohibited.

Certain products may be subject to separate terms and conditions that accompany the applicable product offering. You are responsible for ascertaining and obeying all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product purchased via the Site. By placing an order, you represent that products ordered will be used only in a lawful manner.

 

3.3 Prices and Payment Terms 
Prices posted on the Site may be different than prices offered by us or our business partners at other locations. All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services, in whole or in part. 

We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

3.4 Collective Laboratories Subscription Program

The Collective Laboratories Subscription program is offered to U.S. customers of Collective Laboratories and is described at collectivelaboratories.com/subscription/. To enroll in the Collective Laboratories Subscription program, you may follow the prompts at collectivelaboratories.com/subscription/ or at a subscription product page and you must agree to these Terms of Service, including by opting in to the automatic monthly renewal terms described in this section. PLEASE READ THE TERMS OF SERVICE AND THE SUBSCRIPTION TERMS IN THIS SECTION CAREFULLY AND BE SURE THAT YOU UNDERSTAND THEM BEFORE YOU PURCHASE A SUBSCRIPTION WITH COLLECTIVE LABORATORIES.

Monthly Subscription: By purchasing a monthly subscription, you agree to pay an initial  and recurring monthly subscription fee at the then-current monthly subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription, subject to the terms of our cancellation policy.

Automatic monthly renewal terms: Once you subscribe, and have received and paid for your Initial Subscription, we will automatically process your Monthly Subscription fee in the next billing cycle. We will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate, until you cancel your subscription.

Cancellation Policy: You may cancel your Subscription at any time by logging into your account, clicking on Subscriptions, then Cancel. If you need help, feel free to email us at: support@collectivelaboratories.com. If you cancel your Subscription, the cancellation will take effect in the next monthly billing cycle. You will not be eligible for a refund for Subscription fees paid prior to the month the cancellation takes effect.

We reserve the right to modify or terminate the Collective Laboratories Subscription program at any time.

 

3.5 Shipping & Delivery 
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

You will receive a shipping confirmation email once your order is being processed. Once you have received this email please allow 24-48 hours for your tracking number to update. If for any reason your tracking number does not show an update for more than 3 to 4 business days, send us an email at suppor@collectivelaboratories.com referencing your order number.

Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

 

3.6 Returns, Refunds, & Exchanges 
If you are a first-time purchaser and are not satisfied with one of our products that you have purchased in the last 30 days, we will accept a return of the product(s) for a refund of your purchase price, less the original shipping and handling costs. To return products, please email us at support@collectivelaboratories.com. You are responsible for all shipping and handling charges on returned items and you bear the risk of loss during shipment. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

If you are otherwise not satisfied with one of our products that you have purchased in the last 30 days, please contact us at support@collectivelaboratories.com and we will help with your concerns. Free promotional items are not able to be exchanged.

 

3.7 No selling or reselling 
You may not sell, resell, or use for any commercial purpose any Collective Laboratories product obtained through the Services or otherwise.

 

4. Electronic Communications

 

Express Consent. You hereby expressly consent to Collective Laboratories sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other informational purposes) via any electronic means or forms as Collective Laboratories deems appropriate in its sole discretion, whether through the Site, through your My Account, by personal communication, by e-mail, by automatic telephone dialing system, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for purchase or license of any Collective Laboratories products or services.

 

E-mail Opt-Out. You may opt-out of receiving any e-mails as described above any time by following the opt-out instructions in any such e-mails you have received and would like to opt-out of. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, your My Account, Collective Laboratories’ products or services, and/or your ability to receive certain messages and/or notifications from Collective Laboratories.

 

Text Message Opt-Out. You may opt-out of receiving any text messages (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) as described in the above section at any time by following the opt-out instructions in any such text messages you have received and would like to opt-out of. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, your My Account, Collective Laboratories’ products or services, and/or your ability to receive certain messages and/or notifications from Collective Laboratories.

 

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to opt in to electronic communications from Collective Laboratories or on Collective Laboratories’ behalf, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number.  ou understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement will survive these Terms of Service and your use of the Services.

 

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD COLLECTIVE LABORATORIES HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

 

5. Rights and Restrictions 

 

Collective Laboratories hereby grants you permission to access and use the Services as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the Services, without Collective Laboratories’ prior written authorization, and you agree not to alter, modify, copy, or reverse engineer any part of the Services. Collective Laboratories reserves the right to discontinue any aspect of the Services at any time.

The content on the Services, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks, trade names, trade dress, and logos contained therein, including “Collective Laboratories,” the product names, and the logo/s (together, the "Marks"), are owned by Collective Laboratories and subject to trademark, copyright, and other intellectual property rights under the law. Content on the Services is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Collective Laboratories and any other respective owners. Collective Laboratories reserves all rights not expressly granted in and to the Services and the Content.

 

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You also agree that the Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Collective Laboratories. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein. 

 

You agree to not access or use for any commercial purposes any part of the Services, or any product available or obtained through the Services other than as expressly permitted by these Terms of Service. You also may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to intellectual property laws). 

 

You acknowledge and agree that any questions, comments, reviews, photographs, videos, suggestions, ideas, feedback, materials or any other content or information provided by you to Collective Laboratories are non-confidential and shall become the sole property of Collective Laboratories. Collective Laboratories shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

6. Third-Party Intellectual Property Infringement

 

If you believe that any material on or accessible via the Services infringes or misappropriates your intellectual property rights or those of a third-party, you may request removal of such material (or access thereto) by providing written notice to us at support@collectivelaboratories.com. If the intellectual property right subject of your written notice is a copyright owned by you, please include the following information:

 

Your name, address, telephone number, and email address.

 

A description of the copyrighted work that you claim has been infringed and, if available, a copy of the location where an authorized version of the work may be found (e.g., a URL).

 

A description of where on the Services the material that you claim is infringing may be found or accessed, sufficient for us to locate the material (e.g., the URL).

 

A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.

 

A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Your electronic or physical signature.

 

7. Privacy 

 

Collective Laboratories’ Privacy Policy applies to the collection and use of Personal Information. Collective Laboratories’ Privacy Policy is available at https://www.collectivelabs.com/pages/privacy-policy and its terms are made a part of these Terms of Service by this reference. You understand that by using the Services you consent to the collection, use and disclosure of your Personal Information as set forth in our Privacy Policy, and to have your Personal Information collected, used, transferred to and processed in the United States.

 

8. Third Party Content and Services

 

The Services may contain links to third-party websites and/or applications that are not owned or controlled by Collective Laboratories. Such third-party websites and/or applications are provided “AS IS” without indemnification, support, or warranty of any kind, and these Terms of Service do not apply to your use of any such offered third-party websites and/or applications. We encourage you to be aware when you leave the Services and to read the terms and privacy policy of each other website and/or application that you visit. Upon leaving the Services, these Terms of Service shall no longer govern. Collective Laboratories has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites and/or applications, including privacy and data gathering practices. In addition, Collective Laboratories will not and cannot censor or edit the content of any third-party website and/or application. By using the Services, you expressly relieve and release Collective Laboratories from any and all liability arising from your use of any third-party website and/or application.

 

9. Disclaimers and Limitations on Liability 

 

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS” AND "AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COLLECTIVE LABORATORIES NOR ANY PERSON OR ENTITY ASSOCIATED WITH COLLECTIVE LABORATORIES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COLLECTIVE LABORATORIES NOR ANY PERSON OR ENTITY ASSOCIATED WITH COLLECTIVE LABORATORIES REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

COLLECTIVE LABORATORIES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

IN NO EVENT WILL COLLECTIVE LABORATORIES, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

IN NO EVENT WILL COLLECTIVE LABORATORIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO COLLECTIVE LABORATORIES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100.

 

The limitations and disclaimers in this section do not purport to limit liability or alter your rights beyond what is permitted by applicable law. Collective Laboratories’ liability shall be limited to the extent permitted by law.

 

Collective Laboratories is based in the state of California in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of the Content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

10. Indemnity 

 

You agree to defend, indemnify and hold harmless Collective Laboratories, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Services, or your violation of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.

 

11. Assignment 

 

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Collective Laboratories without restriction. 

 

12. Arbitration Agreement; Class Waiver; Jury Waiver 

 

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND COLLECTIVE LABORATORIES TO AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS OTHERWISE NOTED.

 

12.1 Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement, including the Terms of Service, that cannot be resolved informally or in small claims court shall be resolved, to the extent permitted by applicable law, by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Collective Laboratories, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms of Service.

 

12.2 Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Collective Laboratories e should be sent to: Collective Laboratories, 202 Bicknell, Ground Floor, Santa Monica, CA 90405, Attention: Legal. After the Notice is received, you and Collective Laboratories may attempt to resolve the claim or dispute informally. If you and Collective Laboratories do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

 

12.3 Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms of Service. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in the city of Los Angeles, California, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

12.4 Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.

 

12.5 Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Collective Laboratories, and the dispute 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 AAA Rules, and the Terms of Service. 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 Collective Laboratories.

 

12.6 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, excluding claims for injunctive or other equitable relief as set forth below. Arbitration procedures are typically more limited, more efficient, and less costly than court proceedings and are subject to very limited review by a court. If any litigation should arise between you and Collective Laboratories in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COLLECTIVE LABORATORIES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

 

12.7 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

 

12.8 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, 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.

 

12.9 Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

 

12.10 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Collective Laboratories.

 

12.11 Small Claims Court. Notwithstanding the foregoing, either you or Collective Laboratories may bring an individual action in small claims court.

 

12.12 Equitable Relief. Notwithstanding the foregoing, either party may seek equitable relief before a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents or emergency equitable relief before a court of competent jurisdiction to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

 

13. Governing Law, Venue, and Jurisdiction 

 

To the extent the parties are permitted under these Terms of Service to initiate litigation in court, both you and Collective Laboratories agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Agreement, including the Terms of Service, shall be governed in all respects by the substantive law of the state of California, without regard to its conflict of law principles. You and Collective Laboratories e hereby consent to submit to the jurisdiction of the federal and state courts sitting in the state of California for any actions, suits, or proceedings arising out of or relating to the Agreement, including the Terms of Service, that are not subject to the Arbitration Agreement. 

 

YOU AND COLLECTIVE LABORATORIES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PERMITTED BY LAW.

 

14. Entire Agreement 

 

The Terms of Service, Privacy Policy, any other legal notices published by Collective Laboratories on the Services shall constitute the entire agreement between you and Collective Laboratories concerning the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Collective Laboratories’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

 

Contact information:
We welcome your comments or questions about these Terms of Service. You may contact us at support@collectivelaboratories.com.

 

Last updated on March 9, 2021.