Effective Date: July 29, 2016.
Introduction and Overview.
“us”) collects, uses, and shares information about you and applies to your use of any website, or other
that we own, control and make available through such website, or online service location (collectively, the
not apply to our information collection activities offline or otherwise outside of the Service, or
third-party-sourced information (unless otherwise stated below or at the time of collection, or to the extent such
data is combined with Personal Information we have collected via the Service).
For certain Services, there may be additional notices about information practices and choices. Please read those
additional privacy disclosures to understand how they apply to you.
By visiting or otherwise using the Service, you agree to our Terms
of Use and consent to our collection, use and disclosure practices, and other activities as described
can click on the following table of contents to link to the applicable sections of this Privacy
- Information Collection
- Use of Information
- Sharing of Information
- Sweepstakes, Contests and Promotions
- Information You Publicly Disclose to Others
- Third-Party Services and Social Features
- Analytics Services, Advertising, and Online Tracking
- Your Choices
- Data Security
- International Transfer
- EEOC / Affirmative Action Reporting
- Contact Us
1. Information Collection.
(a) Information You Provide To Us.
We collect information you provide directly to us via the Service. For example, we collect information when you
register or check out as a guest, purchase products, subscribe to our e-mails, complete a survey, participate in
an online promotion, apply for a job, contact customer support, or otherwise communicate or transact with us
through the Service.
The information we collect may include Personal Information and Demographic Information. “Personal
Information” is information that can be used to individually identify you and/or any other individuals
(whether alone or in combination), such as your first and last name, e-mail address, phone number, billing
address, shipping address, and payment card information. “Demographic Information” is information such as
your gender, age, zip code, interests, and recent and upcoming purchases. Except to the extent required by
applicable law, Demographic Information is “non-Personal Information” (i.e. data that is not Personal
modification of the personally identifiable elements, or the extraction of non-personally identifiable elements
including through anonymization, pseudonymization, and hashing) is also non-Personal Information and may be used
and shared without obligation to you, except as prohibited by applicable law. However, we do not make assurances
that De-identified data is not capable of re-identification. Personal information once De-identified will not be
treat it as non-Personal Information and use it without obligation to you as permitted by applicable law.
(b) Information We Collect Automatically.
We, and our Service Providers, may automatically collect certain information about you when you access or use the
Service (“Usage Information”). Usage Information may include your IP address, device identifier, Ad ID,
browser type, operating system characteristics, data regarding network connected hardware (e.g., computer or
mobile device), and information about your use of the Service, such as the time and duration of your visit and how
you arrived at and used the Service. Except to the extent required by applicable law, Five Below does not consider
Usage Information to be Personal Information. However, Usage Information may be combined with your Personal
Information. To the extent that we combine Usage Information with Personal Information we have ourselves collected
from you via the Service, we will treat the combined information as Personal Information under this Privacy
The methods that we and our Service Providers may use to collect Usage Information include:
- Log Information: We may collect information about your use of the Service, such as IP address, browser
type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and
store it in log files.
(also known as “tracking pixels”), embedded scripts, and other tracking technologies now and hereafter developed
(“Tracking Technologies”) to collect information about interactions with the Service or e-mails,
including information about your browsing and purchasing behavior. These may include:
- Cookies: A cookie is a small text file that is stored on a user’s device. We use both session ID
cookies and tracking cookies. Session cookies make it easier for you to navigate the Service and expire when you
close your browser. Tracking cookies help us understand how you use the Service, and enhance your user
experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s
method of blocking or removing cookies, some features and functionalities of the Service may not work. If you
use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted
and/or blocked and as a result some features and functionalities of the Service may not work. A Flash cookie (or
locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be
built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage.
Flash cookies and HTML 5 cookies are locally stored on your device other than in the browser and browser
settings won’t control them. To identify certain types of local shared objects on your device and adjust your
settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.
The Service may associate some or all of these types of cookies with your devices.
- Web Beacons (“Tracking Pixels”): Web beacons are small graphic images, also known as “Internet tags” or
“clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used to count the number of visitors
to the Service, to monitor how users navigate the Service, and to count how many particular articles or links
were actually viewed.
- Embedded Scripts: An embedded script is programming code designed to collect information about your
interactions with the Service. It is temporarily downloaded onto your computer from our web server or a third
party with whom we work, is active only while you are connected to the Service, and deleted or deactivated
- Fingerprinting: Collection and analysis of information from your Device, such as, without limitation,
your operating system, plug-ins, system fonts, and other data, for purposes of identification and/or tracking.
- Device Recognition Technologies: Technologies, including application of statistical probability to data
sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt
to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user
We are giving you notice of the Tracking Technologies and your choices regarding them explained in the “Analytics
Services, Advertising, and Online Tracking” at Section 8 and “Your Choices” at
Section 9 below, so that your consent to encountering them is meaningfully
(c) Information From Other Sources.
We may also obtain information about you from other sources and combine that with information we collect about
you. To the extent we combine such third-party-sourced information with Personal Information we have ourselves
collected directly from you on the Service, we will treat the combined information as Personal Information under
information (even if it is Personal Information). We are not responsible for the accuracy of the information
provided by third parties or third party practices.
2. Use of Information.
We may use information (including Personal Information) about you for any purposes not inconsistent with our
(a) Product & service fulfillment
(b) Our marketing purposes
- Fulfill and manage purchases, orders, payments and returns/exchanges;
- Respond to requests for information about our products and services in our stores, or on our website, mobile
website or mobile applications or to otherwise serve you;
- Connect with you regarding customer service, such as via our High Five Team or through social media or on
social media platforms;
- Administer sweepstakes and contests; and
- Conduct a transaction where we collect information required by law (for example, age-restricted purchases).
(c) Internal operations
- Deliver coupons, mobile coupons, newsletters, in-store receipt messages, e-mails, mobile messages and social
- Provide interactive features of the Service, such as product reviews, send marketing communications and other
information regarding products, services and promotions;
- Administer promotions, surveys and focus groups.
- Send you advertisements and communicate with you regarding our and third party products, services, offers,
promotions, rewards and events we think you may be interested in (for information about how to manage these
communications, see “Your Choices” at Section 9(c)); and
(d) Prevention of fraud & other harm
- Improve the effectiveness of our Service, stores and marketing efforts;
- Conduct research and analysis, including focus groups and surveys;
- Perform other business activities as needed, or as described elsewhere in this policy;
- Send you technical notices, updates, security alerts, information regarding changes to our policies, and
support and administrative messages.
- Register and service your account;
- Facilitate and personalize your online experience;
- Process your job applications; and
(e) Legal compliance
- Prevent fraudulent transactions, monitor against theft and otherwise protect our guests and our business (e.g.
- For example, assist law enforcement and respond to legal/regulatory inquiries.
3. Sharing of Information.
Our agents, vendors, consultants, and other service providers (collectively “Service Providers”) may
collect, receive, or be given access to your information, without limitation, Personal Information and Usage
Information, in connection with their work on our behalf. Service Providers may also collect, receive and use your
information for other purposes. As an example we allow some of our Service Providers to use for their own purposes
aggregate information which does not identify you or de-identified data that we may give them or permit them to
We may also share information (including Personal Information) about you as follows:
- To comply with the law, law enforcement or other legal process, and except as prohibited by applicable law, in
response to a government request;
- To protect the rights, property, life, health, security and safety of us, the Service or any third party;
- In connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type
of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of
our business to another company (“Merger/Sale”);
- With our affiliates for internal business purposes;
- With our affiliates, business partners, and other third parties for their own business purposes, including
direct marketing purposes; provided, however that we will not knowingly share your Personal Information with
unaffiliated third parties for their own direct marketing purposes without giving you the option to opt-in or
opt-out of such sharing, except as part of a Merger/Sale (California residents have certain rights set forth in
“Your California Privacy Rights” in Section 9(e);
applicable law, and
- With your consent or at your direction.
As permitted by applicable law, we may share non-Personal Information, and third-party-sourced Personal
Information (i.e., that is not collected by us via the Service), provided that we are aware of no restrictions on
our use, with third parties or our affiliates for any purpose. Without limiting the foregoing, in our sole
discretion, we may share aggregated information which does not identify you, or de-identified information about
you, with third parties or affiliates for any purpose.
Without limiting the generality of the forgoing, we and third parties may convert your Personal Information to
non-Personal Information, including without limitation through hashing it or substituting a unique identifier for
the Personal Information, and we and third parties may use and share that data as permitted by applicable law,
including to match data attributes to and from other sources. Any such third party activities are subject to
their privacy policies and practices.
4. Sweepstakes, Contests, Promotions.
We may offer sweepstakes, contests, surveys, and other promotions (each, a “Promotion”), including
Promotions jointly sponsored or offered by third parties, that may require submitting Personal Information. If you
voluntarily choose to enter a Promotion, your Personal Information may be disclosed to third parties such as for
administrative purposes and as required by law (e.g., on a winners list). In addition, by entering, you agree to
the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow us, the
sponsor(s) and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.
5. Information You Publicly Disclose To Others.
The Service may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings,
computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal
Information for public display (collectively, “User Content”), such as via message boards, social media
posts, product reviews and contest entries. We, and others, may store, display, reproduce, publish, distribute or
otherwise use User Content online or offline in any media or format (currently existing or hereafter developed)
and may or may not attribute it to you. Please keep in mind that if you share User Content, others have the
ability to access and share it with third parties. Five Below is not responsible for the privacy, security,
accuracy, use, or misuse of any User Content that you disclose or receive from third parties via the Service. See
also the section on “Third-Party Services and Social Features” in Section 7. California minors should see
“Your Choices” at Section 9(a) regarding removal of certain content they
have posted on the Service.
Additionally, the Service may offer you the option to send a communication to a friend. If so, Five Below relies
on you to only send to people that have given you permission to do so. The friend’s Personal Information you
provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by us for
any other marketing purpose unless we obtain consent from that person. As permitted by applicable law, your
contact information and message may be included in the communication.
7. Third-Party Services and Social Features.
The Service may include hyperlinks to, or include on or in connection with, the Service (e.g., plug-ins),
websites, locations, platforms, applications or services operated by third parties (“Third-Party
Service(s)”). These Third-Party Services may use their own cookies, web beacons, embedded scripts and
other Tracking Technologies to independently collect information about you and may solicit Personal Information
Certain functionalities on the Service permit interactions that you initiate between the Service and certain
Third-Party Services, such as third party social networks (“Social Features”). Examples of Social Features
include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service;
“liking” or “sharing” our content; logging in to the Service using your Third-Party Service account (e.g., using
Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a Third-Party Service (e.g.,
to pull or push information to or from the Service). If you use Social Features, and potentially other Third-Party
Services, information you post or provide access to may be publicly displayed on the Service or by the Third-Party
Service that you use. Similarly, if you post information on a Third-Party Service that references the
Service (e.g., by using a hashtag associated with Five Below in a tweet or status update), your post may be used
on or in connection with the Service. Also, both Five Below and the third party may have access to certain
information about you and your use of the Service and the Third-Party Service. To the extent we combine
information from Third-Party Services with Personal Information we collect directly from you on the Service, we
The information collected and stored by Third-Party Services like Facebook, Instagram and Twitter remains subject
to their privacy practices, including whether they continue to share information with us, the types of information
shared, and your choices on what is visible to others on Third-Party Services. We are not responsible for
and make no representations regarding the policies or business practices of any third parties or Third-Party
8. Analytics Services, Advertising, and Online Tracking.
We may engage and work with third parties to serve advertisements on our behalf on the Service and/or on
Third-Party Services and to provide analytics services about the use of the Service and the performance of our ads
and content on Third-Party Services. In addition, we may participate in online advertising networks and exchanges
that display relevant advertisements to the Service visitors, on the Service and on Third-Party Services, and off
of the Service, based on their interests as reflected in their browsing of the Service and certain third party
collect information about you and your activities, such as registering a unique identifier for your Device and
tying that to your online activities on and off of the Service. We may use this information to analyze and track
data, determine the popularity of certain content, deliver advertising and content targeted to your interests on
the Service and Third-Party Services and better understand your online activity.
Some information about your use of the Service and certain third party websites and other locations may be
collected using Tracking Technologies across time and services and used by Five Below and third parties for
purposes such as to associate different devices you use, and deliver relevant and retargeted ads
(“Interest-based Ads”) and/or other content to you on the Service and certain third party websites and
Third Party Analytics. We have engaged Inspectlet to analyse the activities of visitors to this website,
Information of visitors to this website. Such access to and use of Personal Information by Inspectlet is governed
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you
visit. Note there is not yet an industry consensus as to what site and app operators should do with regard to
these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other
mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
You may have certain choices regarding Tracking Technologies as explained in the next section.
9. Your Choices.
(a) Accessing and Changing Information.
You may correct and update your account Personal Information you have submitted to us by contacting us here. We will make a good faith effort to make the
changes in Five Below’s then-active databases as soon as practicable, but it may not be possible to completely
change your information. We reserve the right to retain data as required by applicable law; and for so long as
reasonably necessary to fulfill the purposes for which the data is retained, as permitted by applicable law (e.g.,
Any California residents under the age of eighteen (18) who have registered to use the Service, and who have
posted content or information on the Service, can request that such information be removed from the Service by
contacting us as set forth in “Contact us” at Section 15 making such a request,
stating that they personally posted such content or information and detailing where the content or information is
posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it
so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive
removal. For instance, third-parties may have republished the post and archived copies of it may be stored by
search engines and others that we do not control.
(b) Tracking Technologies Generally.
Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and
in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities
and options so you may need to set them separately. Please be aware that if you disable or remove these
technologies some parts of the Service may not work and that when you revisit the Service your ability to limit
browser-based Tracking Technologies is subject to your browser settings and limitations at that time.
Some third parties may also offer you choices regarding their Tracking Technologies. One way to potentially
identify cookies on the Service is to add the free Ghostery plug-in to your browser (www.ghostery.com),
which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites
(but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those
cookies. Five Belowis not responsible for the completeness or accuracy of this tool or third party choice notices
or mechanisms. For specific information on some of the choice options offered by third party analytics
and advertising providers, see the next section.
(c) Analytics Services and Interest-Based Ads.
Five Below may use Google Analytics or other Service Providers for analytics services. You may exercise choices
downloading the Google Analytics Opt-out Browser Add-on.
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers
and Service Providers that perform advertising-related services for us and our partners may participate in the
Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn
more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices. Some of these companies may
also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out
options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are
able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads.
Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to
you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad
networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you
subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access
(e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. We
support the ad industry’s 2009
Self-regulatory Principles for Online Behavioral Advertising, but we are not a member of the DAA or
NAI and are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or
programs or the accuracy of their statements regarding their programs.
In addition, we may serve ads on third-party services that are targeted to reach people on those services that
are also identified on one of more of our data bases (“Matched List Ads”). This is done by matching
common factors between our data bases and the data bases of the third-party services. For instance, we may use
such ad services offered by Facebook or Twitter and other Third-Party Services. We are not responsible for these
Third-Party Services, including without limitation their security of the data. If we use Facebook to serve Matched
List Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad
and find out how to opt-out with us from such list. If you opt-out from our Facebook Matched List Ads, we will
remove the matching Personal Information from that list, however, this will not take effect immediately and if you
have multiple e-mails or other accounts you may have to opt-out separately for each one. If we use Twitter Matched
Use Ads, you should be able to opt-out through your account settings on Twitter. If you opt-out from our Twitter
Matched Use Ads, you will be removed from that list, however, this will not take effect immediately and if you
have multiple e-mails or other accounts you may have to opt-out separately for each one. We are not responsible
for such third parties’ failure to comply with your or our opt-out instructions or to provide us notice of your
opt-out elections, and they may change their options without notice to us or you.
You can opt out of receiving certain promotional e-mails from usat any time by following the instructions as
provided in e-mails to click on the unsubscribe link, or by sending an e-mail to us here with the word UNSUBSCRIBE in the subject field of
the e-mail. Please note that your opt-out is limited to the e-mail address used and will not affect subsequent
subscriptions or non-promotional communications, such as administrative and service announcements.
(e) Your California Privacy Rights.
California’s “Shine the Light” law permits customers in California to request certain details about how certain
types of their information are shared with third parties and, in some cases, affiliates, for those third parties’
and affiliates’ own direct marketing purposes. Under this law, a business must either provide California customers
certain information upon request or permit California customers to opt-in to, or opt-out of, this type of sharing.
We may from time to time, with your consent, elect to share certain information about you collected by us on the
Service with third parties and affiliates for those third parties’ and affiliates’ direct marketing purposes. If
you are a California resident, you may prospectively opt-out of such ongoing sharing by contacting us here or by sending a letter to Five Below, Inc., 701
Market Street, Suite 100, Philadelphia, PA 19106 (Attention: Legal Counsel). Requests must include “California
Privacy Rights Request” in the first line of the description and include your name, street address, city, state,
and zip code. Please note that we are only required to respond to one request per customer each year, and we are
not required to respond to requests made by means other than through this e-mail address or mail address.
10. Children’s Privacy.
The Service is intended for a general audience and not directed to children less than 13 years of age. Some
portions of the Service, however, may be intended as appropriate for a mixed audience of users under and over 13
years of age (e.g., a separate “All Ages” section), or for users under 13 years of age (e.g., a
separate “Kids” section). For further information on how we treat Children’s Personal Information (defined below)
in connection with any children’s or mixed-use portions of the Service (if any), please see the Children’s Privacy
Policy posted thereon, which will be deemed incorporated herein for purposes of that part of the Service.
We do not intend to collect personal information as defined by the U.S. Children’s Privacy Protection Act
(“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA, and for
any children’s or mixed-use portions of the Service (if any) we will comply with COPPA. If you are a parent or
guardian and believe Five Below has collected Children’s Personal Information in a manner not permitted by COPPA,
please contact us here and we will remove such data to the extent required by COPPA.
For more information about COPPA and general tips about protecting children’s online privacy, please visit the
Federal Trade Commission’s website at
California minors should see “Your Choices” at Section 9(a) regarding
removal of certain content they have posted on the Service.
11. Data Security.
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized
access, disclosure, alteration and destruction. Nevertheless, transmission via the Internet is not completely
secure and we cannot guarantee the security of your information collected through the Service.
12. International Transfer.
We are based in the U.S. and the information we collect is governed by U.S. law. If you are accessing the Service
from outside of the U.S., please be aware that information collected through the Service may be transferred to,
processed, stored and used in the U.S. Data protection laws in the U.S. may be different from those of your
country of residence. Your use of the Service, or provision of any information to us via email or the Service
therefore constitutes your consent to the transfer to and from, processing, usage, sharing and storage of your
13. EEOC / Affirmative Action Reporting.
In conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission (“EEOC”),
the Office of Federal Contract Compliance Programs (“OFCCP”) and similar state and local regulatory
agencies, we may ask you to provide us with self-identifying information (such as veteran status, gender and
ethnicity). Providing such self-identifying information is voluntary, but if you do provide us with such
information, we may submit that information to the EEOC, the OFCCP and similar state and local regulatory agencies
or otherwise use or disclose it for business-related purposes, including responding to information requests,
fulfilling regulatory reporting requirements and defending against employment-related complaints.
as our practices change. As permitted by applicable law, any changes will be effective immediately upon posting of
time you transact via the Service or otherwise use the Service. We may provide you additional notice of changes,
such as when you sign in to your account or to an e-mail address you have given to us.
please contact by e-mail here or by postal mail at
Five Below, Inc., 701 Market Street, Suite 100 Philadelphia, PA 19106 (Attn: Privacy Coordinator).
Terms of Service
Hollar.com is owned by Five Below, Inc. The Terms of Service below is therefore applicable to users of Hollar.com.
Welcome to the Hollar website (www.Hollar.com) hosted by Hollar Inc. (hereafter also referred to as “Hollar” “we” and “us”). Please review the following terms and conditions concerning your use of and access to the Hollar website located at Hollar.com (including any affiliated sub-domain and mobile applications and sites) and any services offered therefrom (including, without limitation, the distribution, sale or offer of goods for sale) (collectively referred to hereafter as, the “Website”). By accessing, using, subscribing, purchasing or downloading any goods, materials or content from the Website, you agree to follow and be bound by the following terms and conditions (the “Terms & Conditions”) and any other terms and conditions embodied in any other agreements you enter into with us. If you do not agree with the Terms & Conditions, you may not use the Website.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.
These Terms & Conditions apply to ALL transactions made on or through this Website. This Agreement is governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this Agreement by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax, by accessing the Website, or purchasing any goods through the Website, whether you have read these terms or not. It is suggested that you print this Agreement for your personal records.
Changes to the Terms & Conditions
We reserve the right to change the Terms & Conditions at any time by posting an updated version to this web page to reflect those changes. Changes to the Terms & Conditions may arise for a variety of reasons, including without limitation, changes in market conditions affecting our business, technology or our business model, relevant laws and regulatory requirements, and our systems.
You agree to periodically review the Terms & Conditions from time to time to take notice of any changes we make, as they are binding on you. Continued access or use of our site shall be deemed conclusive evidence of your acceptance of any modified terms or conditions.
Accessing and Using the Website/Service
Limited License to Use the Website/Service and Related Restrictions
Subject to and conditional upon your compliance with the Terms & Conditions and other agreements between you and Hollar (including any payment terms), Hollar hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to use certain software applications and platforms accessible through the Website/Service (collectively, “Hollar Software”). Hollar reserves all other rights in Hollar Software not expressly granted to you in the Terms. You may not use Hollar Software in any manner that could: (i) damage, disable, overburden, or impair the software application or platform (or any server or networks connected thereto), or (ii) interfere with any third party's use and/or enjoyment of the software application or platform (or any server or networks connected thereto).
Except as expressly specified in the Terms & Conditions, you may not: (a) copy or modify the Hollar Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute Hollar Software to any third party; or (c) use the Hollar Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms & Conditions. You acknowledge and agree that portions of the Hollar Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Hollar and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the Hollar Software provided in object code or any other Hollar products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
Mobile Application License
Subject to your compliance with these Terms & Conditions, Hollar grants you a limited non-exclusive, non-transferable license to use the Hollar mobile application and to access the Hollar Website via a single mobile device or computer that you own or control and to run such copy of Hollar mobile application solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Hollar mobile application in any way; (ii) modify or make derivative works based upon the Website or Hollar mobile application; (iii) create Internet “links” to the Website or “frame” or “mirror” the Hollar mobile application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Hollar mobile application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Website or Hollar mobile application, or (c) copy any ideas, features, functions or graphics of the Website or Hollar mobile application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website or Hollar mobile application.
App Store Sourced Application
With respect to any application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you agree that you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software) ; and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Hollar reserves all rights in and to the application not expressly granted to you under these Terms & Conditions.
You acknowledge and agree that (i) these Terms & Conditions are valid between you and Hollar only, and not Apple, and (ii) Hollar, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Hollar and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Hollar.
You acknowledge that, as between Hollar and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Hollar and Apple, Hollar, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms & Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these Terms & Conditions as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other provisions of these Terms & Conditions, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
Customer Account Access
In order to utilize certain services offered by the Website, you may need to create a customer account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your computer; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to the Website or your account; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
By creating a customer account, you consent to receive electronic communications from Hollar either in the form of email sent to you at the email address listed on your account or by communications posted on the Website. You acknowledge and agree that any electronic communication in the form of such email or posting on the Website shall satisfy any legal requirement that such communication be in writing.
Terms of Sale
All product sales from the Website are governed by any terms of sale that may be posted on the Website. Prices and offers are subject to change. You should refer to our terms of sale to learn more about our return policy, and shipping terms located at FAQs. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in Hollar’s sole discretion, so you should review the terms of sale each time you make a purchase. Additional information may be found in our online shopping sections of the Website.
We accept the following bank or credit cards: Visa, MasterCard, American Express and Discover. For your convenience, we will save your bank or credit card information. You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, Client Services may contact you directly to update your account information.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement. The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier.
Sales Tax Policy
In connection with the sales of goods, the Website collects and remits sales tax as required by applicable law.
We have made every effort to display as accurately as possible the colors of our products that appear at the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
Information at the Website
We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, certain information on the Website may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on our site. We reserve the right to amend the Website/Service without warning. Unless otherwise agreed to by us in writing, all features, content, specifications, products, services, and, as applicable, prices of products and services described or depicted on the Website are subject to change at any time without notice.
The comparative reference price shows the actual price offered for the same product at another online retailer which has been checked within the past 48 hours.
Low Price Guarantee
If you find a product advertised for less on a competitor website that is identical to the one offered on Hollar.com, we will match it. Competitor product must be labeled for individual sale and an exact match with the product offered on Hollar.com using Universal Product Code (UPC) or Manufacturer Part Number (MPN). Competitor products must be in-stock and available to ship nationwide at the time of claim verification.
Competitor prices must be the “regular price”—excludes sale, clearance, refurb, open box, or other promotional pricing. Flash sale, group buying, marketplaces, auction, or liquidation sites also excluded. Competitor prices must be from a major online retailer and is subject to Hollar discretion. Eligible retailers include: Acmoore.com, Amazon.com, Athome.com, Benfranklinonline.com, CVS.com, Dollargeneral.com, Familydollar.com, Hobbylobby.com, Homedepot.com, Joann.com, Kmart.com, Kohls.com, Lowes.com, michaels.com, Officedepot.com, Partycity.com, Riteaid.com, Staples.com, Target.com, Walmart.com, and Walgreens.com.
Competitor prices will be matched for thirty (30) calendar days after date of purchase. One awarded price match claim per product, per customer. Five (5) unit maximum awarded per claim.
Price match claims must be submitted for verification by contacting Hollar customer service with the URL of the competitor product and the Hollar product being matched. Price match award amounts will be calculated as the difference between the Hollar price at time of checkout and the competitor price at the time of verification. The awarded amount will be refunded to the original payment method. If store credit was used for partial payment, it will be refunded before other forms of payment.
By creating an account with us, you acknowledge and agree that you are solely responsible for maintaining the confidentiality of your account information (including without limitation, username and password). You must treat your username and password, and any other security details, as confidential, and not disclose it to any other person. You must also prevent unauthorized access to your account. In addition, you must: (a) log off from your account at the end of each session on our site and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security. You agree to accept responsibility for all activities that occur under your account.
Restrictions on and Termination of Use of the Website/Service
We have the right to suspend or close any account with us and block your use of our site if you have failed to comply with any part of the Terms & Conditions (as determined by us in our sole discretion). You understand that your account is individual to you and/or your organization, and we may suspend or close your account if you attempt to transfer or use your account to/for another person or organization. You are responsible for ensuring that any and all persons you authorize to use your account with us are aware of the Terms & Conditions, and that they fully comply with them. We reserve the right to refuse to provide access to the Website or to provide the Service, to any person or organization for any reason. It is your obligation to comply with all applicable state, federal and international laws.
In consideration of being allowed to use our site, you agree that the following actions shall constitute a material breach of these Terms & Conditions:
- Collecting information about our site, users of our site or our services without our written consent;
- Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in our site, without our written consent.
- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor our site or any portion thereof;
- Accessing or using our site for competitive purposes;
- Disguising the origin of information transmitted to, from, or through the Website;
- Impersonating another person or representative of an organization;
- Distributing viruses or other harmful computer code;
- Allowing any other person or entity to impersonate you to access or use our site;
- Using our site or our services for any purpose in violation of local, state, national, international laws or regulations;
- Using our site or our services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; and
- Circumventing any measures implemented by us aimed at preventing violations of the Terms & Conditions.
Minors May Not Use the Website/Service
You must be at least 18 years old and can form legally binding contracts under applicable laws in your jurisdiction, to use the Website or Service. We do not accept users who are under the age of 18 or the age of majority in his/her relevant jurisdiction. By using the Website or Service or submitting any inquiries, orders or information to us, you represent and affirm that you are at least 18 years old or the age of majority in your jurisdiction.
Inviting Friends and Earning Referral Credit
When you invite a friend to register for an account at Hollar.com, you and your friend will both receive a $2 Referral Credit for each friend who makes a qualified first purchase. Your friend must be a new member of Hollar (this offer excludes returning or existing members) and live in a different household
You will only receive a Referral Credit for your friend's first qualified purchase if the purchase was a result of an invite from you via an authorized referral method. If your friend does not click on the personal referral link in their invite email or other invite mechanism to accept your invitation, you may not receive a Referral Credit and we will have no liability to you because there is no discernible way to identify that the purchase resulted from your referral.
A qualified purchase is considered a member’s first Hollar purchase. You may earn a maximum $50 in Referral Credits per calendar year. You can track your Referral Credits by visiting the Refer-a-Friend section in My Account.
If two people refer the same friend, the friend who sent the link that is used to create the new member's account will be considered the referring friend, regardless of which link was sent to the new member first. There is a limit of one Referral Credit per new email address that is registered on Hollar.com.
Spending Referral Credit
Referral Credits are valid for 3 months from issuance. Your Referral Credits are automatically applied to your purchases at checkout in the order in which they expire (i.e., first to expire will be applied first).
You can check the amount of Referral Credits you have earned and their associated expiration dates at any time by visiting the Refer-a-Friend section in My Account.
Prohibitions and Cancellation
Referral Credits are issued to a single Hollar.com account holder at our discretion and cannot be transferred between accounts or between users. Credits cannot be bartered, exchanged, or sold.
Referral Credits are a promotional offer and are not a payment instruments. Referral Credits are issued without any exchange of money or value from you and you have no vested property right or interest in them.
Referral Credits have no cash value by themselves; they are only deemed to have a notional cash value of $2 if they are used in connection with an eligible purchase on our site.
We reserve the right to limit or cancel your Referral Credits in our sole discretion if we determine that you have violated these Terms of Service, including through fraudulent or misleading referral activity (for example, by inviting fake people to join Hollar, using false names, using multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information to us) or if we terminate your account for any reason. You may also be liable for civil and/or criminal penalties under applicable law.
Changes to Referral Credit Terms
We reserve the right in our sole discretion at any time and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of Referral Credits. Such changes may include, without limitation, how you may earn and spend Referral Credits, how long Referral Credits last, minimum purchase amounts with which Referral Credits may be used and the lifetime maximum amount of Referral Credits that you may earn.
Links to Other Websites
The Website may contain links to other websites which may be of interest to you. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by us. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. We do not accept responsibility for those sites. Accessing any such links from our site to gain access to other websites is at your own risk.
Intellectual Property Rights
Except where expressly stated otherwise, Hollar or its licensors, including without limitation, Hollar Inc., is the owner or the licensee of all intellectual property rights located on the Website, in the materials published or otherwise made available on the Website and through the Service. Those works, marks or inventions are protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us. Except where expressly provided otherwise by us, nothing on our site may be construed to confer any license or ownership right in or materials published or otherwise made available through our site or our services, whether by estoppel, implication, or otherwise. All rights not granted to you in these terms are reserved.
Copyright and Trademark Infringement Notice:
Hollar respects the intellectual property rights of others. All users of the Website represent and warrant they shall comply with all applicable copyright and trademark laws. In the event we receive proper notification of claimed copyright or trademark infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our Website and Services. If you believe any material on our site constitutes an infringement of a copyright or trademark you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or trademark holder, or if copyright and trademark laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense.
We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on the Website. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Website, or items advertised on the Website, by our Associates. If you believe that your rights under intellectual property laws are being violated by any content posted on or transmitted through the Website, or items advertised on the Website, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Website.
In order for us to investigate any claim of copyright or trademark infringement, you must provide us with the following information, transmitted by email or regular mail, setting forth the following:
- (i) a physical or electronic signature of the copyright or trademark owner or a person authorized to act on their behalf;
- (ii) detailed identification of the copyrighted work or trademark claimed to have been infringed;
- (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- (iv) your contact information, including your address, telephone number, and an email address;
- (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Copyright or Trademark Infringement Notifications should be addressed as follows:
Mail: Hollar Inc.
Attention: Notice of Intellectual Property Infringement
145 S. Spring St
Los Angeles, CA 90012
No Agency Relationship
Except where provided for in a separate agreement with Hollar, no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms & Conditions. Without limiting the foregoing, except as expressly set forth herein, Hollar is not acting and does not act as an agent for any user or visitor of the Website or Service.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE WEBSITE AND SERVICE ARE PROVIDED "AS IS," AND ARE FOR USE SOLELY AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH THEREIN, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE AND SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR SERVICE AND/OR MATERIALS ASSOCIATED WITH OR GOODS OFFERED VIA THE WEBSITE OR SERVICE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF GOODS, SERVICES, INFORMATION, OR OTHER MATERIALS YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE PRODUCTS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE WEBSITE OR SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HOLLAR, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, EXCEED $500.00. IN NO EVENT SHALL HOLLAR OR THE THIRD PARTY PROVIDERS, INCLUDING HOLLAR INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS & CONDITIONS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICE THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION. ”
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOLLAR INC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING, BUT NOT LIMITED TO ALL ATTORNEYS’ FEES CHARGED TO HOLLAR INC. OR ITS AFFILIATED PERSON/ENTITIES, RESULTING FROM ANY VIOLATION OF THE TERMS & CONDITIONS BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE OR SERVICE ON YOUR BEHALF.
Shall a conflict or contradiction exist between these Terms & Conditions and any others which relate specifically to a particular section of the Website, the specific terms relevant to that section shall prevail.
Any provision of the Terms & Conditions found to be unenforceable will not void nor effect other provisions of this agreement.
Resolution of Disputes – Mandatory Arbitration and Class Action Waiver
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with Hollar, any goods sold via the Website, or use of this Website. Please read this section carefully. Our Customer Service Department, which you can reach at firstname.lastname@example.org, can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U. S. Mail to:
Attention: Notice of Dispute
145 S. Spring St
Los Angeles, CA 90012
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website, any goods offered or purchased from us, any transaction or relationship between us resulting from your use of the Website or purchase of any goods from us, communications between us, the purchase/order/use of goods from the Website, or this Agreement – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here. However, if you initiate a Small Claims case, you are responsible for all your court costs.
Choice of Law and Forum Selection
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules.
Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Los Angeles County in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Notice for Users in California
This notice is for users of the Website residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
You may not assign these Terms & Conditions without the prior written approval of Hollar. Any purported assignment in violation of this section shall be void. Hollar reserves the right to use third party providers in the provision of the Website and Service. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms & Conditions, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Hollar
Please feel free to contact us with any comments, questions or suggestions you might have regarding the Website. You may contact us at: email@example.com.
Terms & Conditions last modified on June 8, 2018.