Last Updated: September 18, 2024
These Terms and Conditions (“Agreement”) govern your use of the Site and are entered into between Cartzy, LLC (“Cartzy”) and you. The term “Site” means Cartzy’s website available at http://www.cartzy.com and any related URLs.
By accessing and using the Site, you: (1) agree to this Agreement on behalf of yourself or the organization, company, or other legal entity for which you act; and (2) represent and warrant that you have the authority to enter into this Agreement. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Site.
Our online Privacy Policy describes Cartzy’s data practices as they relate to information collected through this Site. Cartzy’s Privacy Policy is an integral part of and is incorporated into this Agreement.
Our online Limited Warranty Agreement governs Cartzy’s responsibility in the event of any product-related issue and the procedures to be followed in the event of any claim. Cartzy’ s Limited Warranty Agreement is an integral part of and is incorporated into this Agreement.
Cartzy reserves the right to update or modify this Agreement at any time. You confirm your acceptance of the modifications or updates to this Agreement, Privacy Policy and Limited Warranty Agreement by continuing to access and use the Site.
The Site, including all of its content, is protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States. All content and intellectual property rights therein are the property of Cartzy or the content is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any content on this Site does not constitute a waiver of any right in such content. You do not acquire ownership rights to any such content viewed through this Site. Except as otherwise provided herein, none of this content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, noncommercial use only, provided that you: (1) do not modify the content; (2) you retain any and all copyright and other proprietary notices contained in the content; and (3) you do not copy or post the content on any network computer or broadcast the content in any media.
By using the Site, you agree not to: (1) use automated software tools, bots, scripts, or any manual process to collect data from the Site on a mass basis, access the Site, or gain unauthorized access to any account or computer system connected to the Site; (2) attempt to access any part of the Site or our systems that are not intended for your use or attempt to bypass any security measures in place to protect these areas; (3) “flood” the Site with excessive requests, or otherwise overburden, disrupt, or harm the Site or its underlying systems in any manner; (4) engage in any activities that restrict or inhibit other users from accessing or using the Site; (5) modify, remove, or obscure any copyright, trademark, or other proprietary rights notices appearing on the Site; or (6) use the Site for any unlawful purposes or beyond the scope of the rights expressly granted in these Terms. Any violation of these prohibitions may result in the immediate suspension or termination of your access to the Site, and may also result in legal action.
The Site may allow you to submit, upload, post, share, display, or transmit ideas, information, materials, and other content (collectively, “User Content”). You agree not to post any User Content that: (1) is unlawful, abusive, malicious, defamatory, vulgar, obscene, invasive of another’s privacy, or otherwise objectionable; (2) promotes violence, discrimination, or exploitation, or contains sexually explicit material; (3) violates any laws or regulations, including those concerning intellectual property, privacy, or defamation; (4) contains misleading, false, or deceptive content; (5) infringes on the rights of others or could result in civil or criminal liability; (6) contains harmful code, such as viruses or malware; or creates the false impression that it is endorsed by Cartzy or any other entity, unless that is the case.
By posting User Content on or through the Site, you grant Cartzy an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, reproduce, distribute, display, perform, create derivative works from, or otherwise utilize such content in any form and media, now known or hereafter developed. You waive any and all claims of “moral rights” or equivalent rights regarding any alterations or modifications of your User Content.
You are solely responsible for the User Content you post, and you acknowledge that Cartzy does not endorse, prescreen, monitor, or assume any liability for such content. Cartzy reserves the right, at its sole discretion, to remove or modify any User Content at any time, without notice, for any reason.
Cartzy is under no obligation to prescreen, monitor, or edit User Content, but it reserves the right to do so at its sole discretion. You acknowledge that Cartzy may remove or refuse to display any User Content that it deems to be in violation of these Terms or otherwise inappropriate.
In order to use our Site, you may need to create an account. You are responsible for providing accurate, complete, and up-to-date information at all times. Failure to do so may result in the immediate termination of your account. You must maintain the confidentiality of your account and password and restrict access to your computer and account. You are accountable for all activities occurring under your account, regardless of whether they are conducted by you, us, or a third-party service. Notify us immediately if you become aware of any security breaches or unauthorized use of your account.
You may not use a username that is the name of another person or entity, that is not lawfully available for use, or that infringes on the rights of another person or entity without proper authorization. Additionally, usernames that are offensive, vulgar, or obscene are prohibited.
We reserve the right to refuse access to our Site, terminate your account, cancel membership in our Club (defined below), or cancel at our sole discretion.
If you use the Site to open a Cartzy-powered store (“Store”) through which you sell goods or services to customers, you agree to provide public-facing contact information, a refund policy, and order fulfillment timelines on your Store. You acknowledge that the Site is not a marketplace, and any contract of sale made through your Store is directly between you and the customer. You are the seller of record for all items you sell through your Store and are solely responsible for the creation and operation of your Store, the goods and services offered, and all transactions with your customers. This includes, but is not limited to, authorizing charges for purchases, processing refunds and returns, fulfilling orders, providing customer service, handling fraudulent transactions, making required legal disclosures, ensuring regulatory compliance, and addressing any alleged or actual violations of applicable laws, including consumer protection laws in any jurisdiction where you offer products or services for sale.
You represent and warrant that your Store and the goods or services sold will be accurate, complete, and compliant with all applicable laws, regulations, and third-party rights. You are solely responsible for all aspects of the goods or services you sell through your Store, including their description, pricing, taxes, disclosures, regulatory compliance, and any offers or promotional content.
By creating an account with us, you agree to receive newsletters, marketing, promotional materials, and other information. You can opt out at any time by following the unsubscribe link or emailing us at [email protected]. By using our Service, you also consent to electronic communications regarding registration, security, privacy, and other administrative matters related to your use of the Service.
We may also send you transactional and promotional text (SMS) messages in connection with your use of our Service. You may opt out of receiving these text (SMS) messages at any time by responding “STOP” or emailing us at [email protected]. Opting out of receiving text (SMS) messages may impact and limit your use of our Service. Please be aware that your cellular carrier may charge fees in connection with your use of our Service. You are responsible for any mobile charges that you may incur in connection with using our Service, including data charges. If you are not sure what those charges may be, you should ask your carrier before using our Service. We are not responsible or liable for any fees, costs, or overage charges associated with any data charges or data plan.
Some parts of our Site are billed on a subscription basis (“Subscription”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”) for a Subscription. Billing cycles are set either on a monthly or annual basis, depending on the type of plan you select when purchasing a Subscription. If you activate or update recurring payments through our Service, you authorize us or our third-party service providers to periodically charge, until cancellation, all accrued sums for the Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless it is canceled. You may cancel your Subscription either through your online account management page or by contacting us at [email protected].
Should automatic billing fail to occur for any reason, we will issue an electronic invoice that must be processed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Otherwise, your Subscription will be canceled.
We may modify Subscription fees at any time, with changes effective at the end of the current Billing Cycle. You will receive advance notice of any fee changes, allowing you to cancel your Subscription before the new rates apply. By continuing to use our Site after the fee change takes effect, you agree to the adjusted Subscription fee.
We may offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information to sign up for a Free Trial. If billing information is required, no charges will be made until the Free Trial ends. Unless your Subscription is canceled prior to expiration of the Free Trial, the applicable Subscription fees will be automatically charged at the end of the Free Trial.
We reserve the right to (1) modify the Free Trial offer, or (2) cancel the Free Trial offer at any time. You can manage or cancel your Free Trial Subscription through any methods described in these Terms.
As a user of the Site, you have the opportunity to purchase a membership in our Buyer’s Club (“Club”). As a member of our Club, we will provide you with a curated list of products based on our analysis of their potential profitability on various retail channels, including but not limited to Amazon and eBay. Our Club continually updates these analyses within the Club’s database. As a member of our Club, your ability to order products may be subject to restrictions as determined by us from time to time.
Upon purchasing products from the Club, we will handle the entire supply chain process, including the coordination of shipping of products from the supplier to our warehouse and onward to Amazon or other sales channels. Alternatively, products may be stored at our warehouse for fulfillment as needed for different sales platforms.
Our warehouse location is:
Senderoo Warehousing & Fulfillment Services
4385 Seymour Highway
Wichita Falls, TX 76309
For any products intended for Fulfillment by Amazon (“FBA”), you are required to act within thirty (30) days from the time your products arrive at our warehouse. During this thirty (30) day period, you must instruct the Club to either (a) send the products to Amazon; (b) ship the products to yourself; or (c) request disposal or donation of the products. This policy also applies to any products that are returned to the warehouse from Amazon.
If any products have been stored at our warehouse for longer than thirty (30) days without the required action, we will issue a notice via email, informing you that the products have been sitting for too long and require immediate movement. You will be given a specific timeframe to respond to this notice with your preferred course of action.
Failure to respond within the specified timeframe may result in us taking unilateral action to dispose of or donate the products, at our sole discretion. We are not responsible for any loss of products or potential profits due to your failure to take timely action.
Membership in our Club is available on either a monthly or annual basis, with the following fees:
| Membership Type | Fee | When Payable |
|---|---|---|
| Annual | $1,980 | In Advance |
| Monthly | $249 | Monthly |
We reserve the right to modify these fees at any time by posting such changes on this Site. By continuing to use our Site after the fee change takes effect, you agree to the adjusted fee.
If you choose an annual membership, you may cancel your membership within thirty (30) days of commencement of your membership for a full refund. Otherwise, your membership is non-cancellable and non-refundable. If you choose a monthly membership, you must notify us of your cancellation at least ten (10) business days before the end of the current month to avoid being charged for the subsequent month.
Continued Membership in our Club is at the sole discretion of the Club’s management. Our Club reserves the right to terminate your membership at any time for any reason.
WE PERFORM CLOSE ANALYSIS OF PRODUCTS SHORTLY BEFORE THEIR RELEASE; HOWEVER, THE COMPETITIVE LANDSCAPE IS SUBJECT TO RAPID CHANGES, INCLUDING BUT NOT LIMITED TO FLUCTUATIONS IN MARKET DEMAND, THE NUMBER OF SELLERS, AND PRICING ON VARIOUS PLATFORMS. ADDITIONALLY, SHIPPING COSTS, PARTICULARLY TO AMAZON FOR FBA, MAY VARY, IMPACTING PROFITABILITY.
OUR CLUB STRIVES FOR ACCURACY BUT WE ACKNOWLEDGE THAT HUMAN ERROR MAY OCCUR. AS A MEMBER OF OUR CLUB, YOU ARE PROVIDED WITH THE TOOLS AND DATA NECESSARY FOR INDEPENDENT ANALYSIS AND ARE EXPECTED TO CONDUCT YOUR OWN DUE DILIGENCE. OUR CLUB ASSUMES NO LIABILITY FOR ANY CHANGES, DELAYS, OR MISTAKES AFFECTING THE PROFITABILITY OF PRODUCTS. RESPONSIBILITY FOR FINAL PURCHASING DECISIONS RESTS SOLELY WITH YOU THE MEMBER OF OUR CLUB.
ALL PURCHASES OF PRODUCTS THROUGH OUR CLUB ARE FINAL AND NON-REFUNDABLE. NO EXCEPTIONS WILL BE MADE.
THE AVAILABILITY OF PRODUCTS ON THE SITE AT ANY GIVEN TIME DOES NOT GUARANTEE THEIR CONTINUED AVAILABILITY. OUR CLUB RESERVES THE RIGHT TO DISCONTINUE ANY PRODUCT AT ANY TIME WITHOUT NOTICE.
MEMBERSHIP IN OUR CLUB DOES NOT GUARANTEE INCOME OR SUCCESS. ACHIEVING SIGNIFICANT INCOME THROUGH OUR CLUB REQUIRES SUBSTANTIAL TIME, EFFORT, AND DEDICATION.
Cartzy provides tools, resources, and services to assist you in managing your online businesses. However, Cartzy does not control or have any responsibility for the actions taken by third-party platforms, including but not limited to Amazon, eBay, and other marketplaces, regarding the health, status, or deactivation of member accounts, intellectual property strikes, counterfeit claims, or any other compliance or enforcement actions.
BY USING THIS SITE AND CARTZY’S SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN BUSINESS OPERATIONS, INCLUDING COMPLIANCE WITH THE TERMS, POLICIES, AND GUIDELINES OF ANY THIRD-PARTY PLATFORM. CARTZY DOES NOT GUARANTEE OR WARRANT THE SUCCESS, SAFETY, OR COMPLIANCE OF YOUR BUSINESS OR ACCOUNT WITH THESE PLATFORMS. YOU ARE ADVISED TO INDEPENDENTLY VERIFY ALL APPLICABLE LAWS, REGULATIONS, AND PLATFORM RULES THAT MAY IMPACT THEIR BUSINESS ACTIVITIES.
CARTZY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSSES, DAMAGES, ACCOUNT DEACTIVATIONS, IP STRIKES, COUNTERFEIT CLAIMS, OR OTHER ACTIONS TAKEN AGAINST MEMBERS BY THIRD-PARTY PLATFORMS. YOU ASSUME FULL RESPONSIBILITY FOR MANAGING YOUR BUSINESS OPERATIONS AND FOR ANY CONSEQUENCES ARISING FROM YOUR ACTIONS OR INACTIONS.
If you wish to purchase any offering made available through our Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
By making a Purchase, you represent and warrant that: (1) you have the legal right to use any credit card(s) or other payment method(s) used in connection with your Purchase; and (2) the information you supply to us is true, accurate, and complete.
Payment processing services may be provided by our third-party payment processors, including Stripe, Inc. By making a Purchase, you are authorizing us to share your information with our payment processing services providers and authorizing them to process that information in accordance with Stripe’s Privacy Policy. We reserve the right to refuse or cancel your Purchase at any time and for any reason. For any questions regarding your Purchase, you can reach out to us at [email protected]
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through our Site may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms, the rules for the Promotion will apply.
This Agreement will commence on the date on which you first access or use the Site and will continue until terminated. Cartzy may, in Cartzy’s sole discretion, terminate this Agreement at any time and for any reason, with or without notice to you. You may terminate this Agreement by emailing Cartzy at [email protected].
All provisions of this Agreement that, by their nature, should survive termination or expiration, including but not limited to disclaimers of warranties, limitations of liability, indemnity, dispute resolution, and any other terms that impose obligations continuing beyond the termination of this Agreement, will remain in effect after the termination or expiration of this Agreement.
The Cartzy names and logos, all product names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Cartzy, Inc. (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without Cartzy’s prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on this Site without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Cartzy does not knowingly violate or permit others to violate the copyrights of others. Cartzy will promptly remove or disable access to material that Cartzy knows is infringing or if Cartzy becomes aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Site or has been otherwise copied and made available on our Site in a manner that constitutes copyright infringement, please notify Cartzy immediately. Your notice must be in writing and must include:
Please send your statement to [email protected].
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Cartzy actual knowledge of facts or circumstances from which infringing material or acts are evident.
Feedback you provide to Cartzy will be and remain Cartzy’s exclusive property. Your submission of feedback will constitute an assignment to Cartzy of all worldwide rights, title and interests in your feedback, including all copyrights and other intellectual property rights in your feedback. Cartzy will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, Cartzy asks that you not send us any feedback that you do not wish to assign to Cartzy.
CARTZY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARTZY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES: (1) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) RELATING TO THE SECURITY OF THE SITE; (3) THAT THE CONTENT OF THE SITE IS ACCURATE, COMPLETE, OR CURRENT; OR (4) WITH RESPECT TO THE SITE, ITS CONTENT, OR ANY PRODUCT PROMOTED THROUGH THE SITE, AND ANY SITE WITH WHICH IT IS LINKED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARTZY DOES NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM CARTZY OR THROUGH THE SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). CARTZY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS SITE.
CARTZY DOES NOT REPRESENT OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OR USE OF THE SITE. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
WITHOUT LIMITING THE FOREGOING, CERTAIN PRODUCTS OFFERED ON THE SITE MAY BE COVERED BY MANUFACTURERS’ PRODUCT WARRANTY, AND THE LIMITATIONS AND DISCLAIMERS SET FORTH HEREIN WILL NOT LIMIT OR RESTRICT ANY SUCH WARRANTY.
NOTHING IN THIS AGREEMENT WILL AFFECT ANY STATUTORY RIGHTS TO WHICH YOU MAY BE ENTITLED AS A CONSUMER TO THE EXTENT YOUR ABILITY TO ALTER OR WAIVE SUCH RIGHTS BY CONTRACT IS LIMITED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS CARTZY, ON BEHALF OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS OR MALICIOUS CODE; LOSS OF PRIVACY; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF CARTZY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR ANY PRODUCT PROMOTED ON THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.00 UNITED STATES DOLLARS IN THE AGGREGATE.
This Agreement gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in this Agreement may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in this Agreement shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and Cartzy does not seek to exclude or limit liability for fraudulent misrepresentation.
You agree to indemnify and hold Cartzy, its subsidiaries, and affiliates, and their respective officers, directors, partners, employees, and agents harmless from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any material that you post using the Site causes us to be liable to another. Cartzy reserves the right to defend any such claim, and you agree to provide Cartzy with such reasonable cooperation and information as Cartzy may request.
Cartzy tries to address any disputes without the need to initiate a formal legal proceeding. In the event you have any dispute with Cartzy arising out of your use of the Site, you shall first try in good faith to settle such dispute by providing written notice to Cartzy describing the facts of the dispute (including any relevant documentation) and allowing Cartzy thirty (30) days to respond before initiating any formal dispute resolution proceeding. Notices to Cartzy must be sent by email to [email protected]. Upon receipt of your notice, Cartzy will send any dispute related notice to you at the contact information Cartzy has for you. If for some reason the dispute is not resolved satisfactorily within thirty (30) days after receipt, any further dispute resolution will resolve by arbitration according to the provisions below. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding.
YOU AND CARTZY AGREE TO ARBITRATE DISPUTES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE (“CLAIMS”) AND WAIVE THE RIGHT TO HAVE A COURT OR JURY DECIDE DISPUTES (“Arbitration Agreement”). You may opt out of this Arbitration Agreement by providing notice to Cartzy no later than ninety (90) calendar days from the date you purchased or otherwise took ownership of your product. To opt out, you must send notice by email to [email protected] with the subject line “Arbitration Opt Out”. Opting out of the Arbitration Agreement will not affect the coverage provided by any applicable limited warranty pertaining to your product.
WHETHER OR NOT YOU ARBITRATE A DISPUTE OR OPT OUT OF ARBITRATION, YOU WAIVE ALL RIGHTS TO PROCEED AS A MEMBER OR REPRESENTATIVE OF A CLASS ACTION, INCLUDING CLASS ARBITRATION, REGARDING DISPUTES ARISING OUT OF OR RELATING TO YOUR PRODUCT. THIS MEANS YOU MAY NOT ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS. YOU MAY NOT BRING CLAIMS IN ARBITRATION OR COURT ON A CLASS, CONSOLIDATED OR REPRESENTATIVE BASIS. THE ARBITRATOR OR COURT CAN DECIDE ONLY YOUR INDIVIDUAL CLAIMS. THE COURT MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED WITHOUT THE PRIOR WRITTEN CONSENT OF YOU AND CARTZY.
By agreeing to arbitrate, you waive your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator. If an in-person hearing is required, then it will take place in Chicago, Illinois.
Any arbitration will be initiated before JAMS, Inc. (“JAMS”) or any successor to JAMS, which is an alternative dispute resolution provider (“ADR Provider”). In the event JAMS is unwilling or unable to set a hearing date within 14 days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by another mutually agreeable ADR Provider who will hear the case.
The arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The Arbitration Rules will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.
The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned 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. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.
All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law. Each party shall bear its own costs and expenses, including, but not limited to, attorneys’ fees, and shall not seek to recover these costs from the other party. The arbitrator(s) shall have no authority to award attorneys’ fees or costs to any party, except as may be expressly provided by applicable law.
In the event you opt out of arbitration, you and Cartzy agree that any dispute will be brought before a Federal or State court located solely and exclusively in Chicago, Illinois. The parties submit to the exclusive jurisdiction and venue in these courts. THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY CLAIM. THE COURT CAN DECIDE ONLY YOUR AND/OR CARTZY’S INDIVIDUAL CLAIMS.
This Agreement is governed by Illinois law without reference to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Subject to Section 19 (Disputes) and Section 20 (Arbitration and Class Action Waiver), any other claims brought or arising under this Agreement, if any, will be litigated exclusively in the federal or state courts in Illinois. The parties submit to the exclusive jurisdiction and venue in those courts.
THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY CLAIM. THE COURT CAN DECIDE ONLY YOUR AND/OR CARTZY’S INDIVIDUAL CLAIMS.
In any action or proceeding to enforce rights under this Agreement, each party shall be responsible for their own costs and attorneys’ fees.
If any provision of this Agreement or portion of a provision is invalid, illegal, or unenforceable, the rest of this Agreement will remain in effect.
Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
This Agreement constitutes the entire agreement and supersedes any other agreement of the parties relating to the Site. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, or supplement the terms of the Agreement.
Please send your feedback, comments, and requests for technical support by email to: [email protected]
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