Terms and Conditions
Last updated: December, 2014
- Eligibility. You must be at least 18 years of age to use, including to place any order through, the Service, and you may not use the Service if you have previously been suspended or removed from the Service. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
- Accounts and Registration. You may need to register with us in order to use certain aspects of our Service. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, in many cases you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
- Payment. Certain activities through or features of the Service, such as placing an order, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. A sales tax may be charged on any order placed through the Service, based on the location the order is billed to and the applicable sales tax in effect at the time of purchase. Please review the order-related terms available through the Service for more information about our pricing, shipping and processing charges, return policies, and our product warranty disclaimer, which are hereby incorporated by reference and may be updated from time to time by YDesign Group. Each order will be subject to the applicable Terms in effect at the time of purchase. Except as expressly provided at the time you place an order or in any of the foregoing order-related terms, all fees are in U.S. Dollars and are non-refundable. YDesign Group may change the fees for any activity through, or feature of, the Service, including by adding additional fees or charges, on a going-forward basis at any time. YDesign Group, or its third-party payment processor, will charge the payment method you specify at the time of purchase. You acknowledge and agree that you may be responsible for the payment of certain processing or other transactional fees depending on the payment method you specify. You authorize YDesign Group to charge, or to have charged on its behalf, all sums described herein to such payment method. If you pay any applicable fees with a credit card, YDesign Group may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
- Risk of Loss. Except as otherwise set forth herein or in any applicable Additional Terms (as defined in Section 12.2 below), the risk of loss for and title to products purchased on or through the Service passes to you upon delivery to the carrier. For more information about shipping and delivery of products ordered through the Service, please review the Shipping + Delivery policy currently located at https://www.ylighting.com/shipping-delivery.html, which is hereby incorporated by reference into these Terms, or contact our Customer Service team (contact information available at https://www.ylighting.com/customer-service.html).
- Returns and Refunds. If you are not fully satisfied with a purchase made through the Service, you may be able to return it as set forth in the Returns policy currently located at https://www.ylighting.com/returns.html (the "Returns policy"), which is hereby incorporated by reference into these Terms. Please review the Returns policy or contact our Customer Service team (contact information available at https://www.ylighting.com/customer-service.html) for more information.
- Product Availablity and Descriptions. Following your placement of an order through the Service, YDesign Group may send an email or otherwise acknowledge that the order has been received; however, unless expressly stated therein, this does not signify confirmation of a productÃ¢ï¿½ï¿½s price or availability or indicate that the order has been accepted or shipped. While YDesign Group strives to include accurate information and descriptions (including prices, images, specifications, and availability) of products on the Service, it does not warrant that such information is accurate, complete, reliable, current, or free of errors. YDesign Group reserves the right, but is not obligated, to modify, correct, or update information relating to any products available through the Service at any time in its sole discretion, without prior notice. If you receive a product which is not as described on the Service at the time of your order, your sole and exclusive remedy is to return the unused product as permitted pursuant to Section 5 of these Terms.
- User Content
- 7.1 - User Content Generally. Certain features of the Service may permit users to post content, such as product reviews, images, photos, video, images, text, and other types of works (collectively, "User Content") and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
- 7.2 - License Grant to YDesign Group. By posting or publishing User Content, you grant YDesign Group a worldwide, perpetual, irrevocable, non-exclusive, transferable, royalty-free right and license (with the right to sublicense) to use, copy, host, store, transfer, display, publish, perform, reproduce, modify, translate, create derivative works of and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed) at its sole discretion. Any such use of your User Content by YDesign Group may be without any compensation paid to you.
- 7.3 - User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that: (a) you are the sole author, creator, and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize YDesign Group and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 7 and in the manner contemplated by YDesign Group and these Terms; (b) you waive all moral rights that you may have in your User Content that may prevent or contradict use of your User Content as contemplated by the Terms; (c) you will not knowingly submit User Content (i) that is false, inaccurate, or misleading; (ii) that violates any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (iii) that is or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, corporation, or other entity; (iv) for which you were compensated or granted any consideration by any third party; (v) that includes any information that references other websites, addresses, email addresses, contact information, or phone numbers; or (vi) that contains any computer viruses, worms, or other potentially damaging computer programs or files; and (d) your User Content, and the use of User Content as contemplated by the Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) violate these Terms; or (iii) cause injury to any person or entity.
- 7.4 - User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. YDesign Group may, however, at any time and without prior notice (i) screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable or (ii) refuse to post or remove any User Content for any reason. YDesign Group does not guarantee that you will have any recourse or ability through YDesign Group to edit or delete any User Content that you post or publish. You acknowledge and agree that you are solely responsible for any User Content that you post, submit, or publish and none of such User Content shall be subject to any obligation of confidence on the part of YDesign Group or its agents, subsidiaries, affiliates, partners, suppliers, or third party service providers and their respective directors, officers, and employees. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YDesign Group with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, YDesign Group does not permit copyright-infringing activities on the Service.
- Digital Millennium Copyright Act
- 8.1 - DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:
Copyright AgentAny notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
c/o YDesign Group, LLC
1850 Mt. Diablo Blvd Ste 510
Walnut Creek, CA 94596
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- 8.2 - Repeat Infringers. YDesign Group will promptly terminate without notice the accounts of users that are determined by YDesign Group to be "repeat infringers." A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice.
- 8.1 - DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:
- Prohibited Conduct. Your rights to use the Service are expressly conditioned on your agreement not to:
- 9.1 - use the Service for any purpose other than for Your personal use only, solely as permitted by the provided functionality of the Service and these Terms
- 9.2 - use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
- 9.3 - unless expressly permitted, copy, reproduce, distribute, publish, display, perform, transmit, stream, broadcast, modify, create derivative works of, sell, license or in any way exploit any part of the Service;
- 9.4 - violate the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
- 9.5 - post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- 9.6 - bypass or interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine User Content or any other Materials from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage;
- 9.7 - interfere with the operation of the Service or any user's enjoyment of the Service, including without limitation by: (a) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (b) making unsolicited offers or advertisements to other users of the Service; (c) attempting to collect, personal information about users or third parties without their consent; or (d) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
- 9.8 - use, display, mirror, frame or utilize framing techniques to enclose the Service, or any portion thereof, unless and solely to the extent YDesign Group makes available the means for embedding any part of the Service, such as materials related to products listed on the Service.
- 9.9 - perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
- 9.10 - sell or otherwise transfer the access granted in the Terms or any Materials (as defined in Section 11) or any right or ability to view, access, or use any Materials; or
- 9.11 - attempt to do any of the foregoing in this Section 9, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 9.
- Third-Party Services and Linked Websites. . YDesign Group may provide tools through the Service that enable you to export information to or allow you to link your account on YDesign Group with an account on a third party service, such as Pinterest or Twitter, or through our implementation of third party buttons (such as "Pin It" or "share" buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. These third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also permit third parties to sell products through the Service or contain links to third-party websites. Those third parties and linked websites are not under our control, and we are not responsible for their actions, products, or content.
- Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, YDesign Group, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service or cancel orders (subject to a refund of any payments you have made with respect to unfulfilled orders) at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at email@example.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
- 12.2 - Additional Terms Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service, subject to Section 13. All of these Additional Terms are hereby incorporated by reference into and made a part of these Terms.
- Changes to the Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.
- Ownership; Proprietary Rights. The Service is owned and operated by YDesign Group. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the "Materials") provided by YDesign Group are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of YDesign Group or our third-party licensors. Except as expressly authorized by YDesign Group, you may not make use of the Materials. YDesign Group reserves all rights to the Materials not granted expressly in these Terms.
- Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless YDesign Group and its officers, directors, employees, consultants, affiliates, subsidiaries, suppliers, service providers, and agents (collectively, the "YDesign Group Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Service; (b) your violation of these Terms or any representation, warranty, or agreements referenced in the Terms, or any applicable law or regulation; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
- Disclaimers; No Warranties
THE SERVICE AND ALL PRODUCTS, MATERIALS, AND CONTENT AVAILABLE FROM OR SOLD THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, UNLESS OTHERWISE SPECIFIED IN WRITING. THE YDESIGN GROUP ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL PRODUCTS, MATERIALS, AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE YDESIGN GROUP ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY PRODUCTS (INCLUDING PRICES, PRODUCT IMAGES, SPECIFICATIONS, AVAILABILITY, AND OTHER DESCRIPTIONS THEREOF), MATERIALS, OR CONTENT OFFERED OR MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, ACCURATE, COMPLETE, RELIABLE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. IF YOU ARE NOT SATISFIED WITH ANY PRODUCT ORDERED THROUGH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN THE UNUSED PRODUCT AS PERMITTED PURSUANT TO SECTION 5 OF THESE TERMS.
NOTWITHSTANDING THE FOREGOING, CERTAIN SUPPLIERS OR PROVIDERS OF PRODUCTS SOLD THROUGH THE SERVICE MAY SEPARATELY PROVIDE LIMITED WARRANTIES WITH RESPECT TO THEIR PRODUCTS SOLD THROUGH THE SERVICE. THE DISCLAIMERS IN THIS SECTION 16 DO NOT APPLY TO SUCH PRODUCT WARRANTIES PROVIDED SEPARATELY BY THE SUPPLIERS OR PROVIDERS. PLEASE REVIEW THE RETURNS POLICY OR CONTACT THE YDESIGN GROUP CUSTOMER SERVICE TEAM (CONTACT INFORMATION AVAILABLE AT HTTPS://WWW.YLIGHTING.COM/CUSTOMER-SERVICE.HTML) FOR INFORMATION REGARDING SUCH SPECIFIC PRODUCT WARRANTIES AND THE AVAILABILITY THEREOF.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE YDESIGN GROUP ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- Limitation of Liability
IN NO EVENT WILL THE YDESIGN GROUP ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUE, COST OF REPLACEMENT GOODS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS, CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE YDESIGN GROUP ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE YDESIGN GROUP ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS, PRODUCTS, SERVICES, OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO YDESIGN GROUP FOR THE SERVICE OR PRODUCT TO WHICH YOUR DISPUTE RELATES IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (B) $50.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Governing Law. These Terms will be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted under the Terms, you and YDesign Group agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Contra Costa County, California for the purpose of litigating all such disputes.
- Dispute Resolution and Arbitration
- 20.1 - Generally. In the interest of resolving disputes between you and YDesign Group in the most expedient and cost effective manner, you and YDesign Group agree that any and all disputes arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND YDESIGN GROUP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- 20.2 - Exceptions. Notwithstanding subsection 20.1, we both agree that nothing in the Terms will be deemed to waive, preclude, or otherwise limit either of our right to: (a) bring an individual action in small claims court; (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address intellectual property infringement claims.
- 20.3 - Arbitrator. Any arbitration between you and YDesign Group will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting YDesign Group.
- 20.4 - Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). YDesign Group's address for Notice is: YDesign Group, LLC, Legal Department, 1850 Mt. Diablo Blvd Ste 510, Walnut Creek, CA 94596. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or YDesign Group may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or YDesign Group will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, YDesign Group will pay you: (x) the amount awarded by the arbitrator, if any, (y) the last written settlement amount offered by YDesign Group in settlement of the dispute prior to the arbitratorÃ¢ï¿½ï¿½s award; or (z) $1,000.00, whichever is greater.
- 20.5 - Fees. In the event that you commence arbitration in accordance with these Terms, YDesign Group will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Contra Costa County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse YDesign Group for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
- 20.6 - No Class Actions. YOU AND YDESIGN GROUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and YDesign Group agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- 20.7 - Modifications In the event that YDesign Group makes any future change to this arbitration provision (other than a change to YDesign Group's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to YDesign Group's address for Notice, in which case your account with YDesign Group will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
- 20.8 - Enforceability. If Subsection 20.6 is found to be unenforceable or if the entirety of this Section 20 is found to be unenforceable, then the entirety of this Section 20 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 18 will govern any action arising out of or related to these Terms
- Contact Information. The Service under these Terms is offered by YDesign Group, LLC, located at 1850 Mt. Diablo Blvd Ste 510, Walnut Creek, CA 94596. You may contact us by sending correspondence to the foregoing address or by emailing us at firstname.lastname@example.org. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.