Hey there DH Effect Member!
Here's what we can share about the cancellation process and policy for The DH Effect Membership. First, please know that you can cancel your membership which will ensure there’s no further billing but we do not offer refunds or credits of any kind.
We have 2 Membership Payment plans with slightly different policies.
Please see both Monthly and Annual membership options and their prospective policies outlined below so you can make the best decision for your needs.
Monthly Subscribers to The DH Effect Membership:
To cancel your monthly membership, all you have to do is email your request to: firstname.lastname@example.org.
Our team will notify our billing department and process your request accordingly.
Please note, our team works Monday through Friday 9am to 5pm PST. Please be aware that refunds can take 7-10 business days to reflect on your statement.
This is a regular banking practice that we cannot control, but we will do all we can to avoid delays for you.
Upon your cancellation here’s what you can expect.
You’re the DH Effect Membership and Facebook Group access will be revoked on your next billing date and no further fee will be collected.
You’re also forfeiting any discounts applied to The DH Effect Store and all Events, and regular pricing will commence after the cancellation date.
You’re also forfeiting your pricing tier so if you opt to rejoin us in future you will be subject to the active pricing at that time.
TERMS AND CONDITIONS OF MEMBERSHIPS
Welcome to The DH Effect community of members! We have been waiting to meet you. These Terms and Conditions for Memberships (the “Terms and Conditions”) are intended to supplement The DH Effect’s Terms of Service for Website (“Terms of Service,” “TOS”) and, together with the Terms of Service, constitute a binding, contractual agreement between you and The DH Effect (“The DH Effect,” “we” or “us”) regarding your purchase or use of any DH Effect membership or other events and services.
A “Member” is anyone who purchases membership, either monthly or annually, with The DH Effect. In these Terms and Conditions, “The DH Effect” refers to any member.
These Terms and Conditions apply to Members. Every time you make a purchase from us or attend an event or receive any other service from The DH Effect, you acknowledge and accept these Terms and Conditions.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION AGREEMENT. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND THE DH EFFECT AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION.
Our contact information is as follows:
The DH Effect
3344 Radcliffe Road
Thousand Oaks, CA 91360
Specific details for each of the Memberships, including the commitment period, can be found on The DH Effect Website and/or in the promotional details provided at the time of purchase. Memberships cannot be shared or transferred, and any attempt to share or transfer a Membership will result in cancellation of the Membership, at The DH Effect’s sole discretion, without a refund.
Members may cancel their Memberships, after the required commitment has been met, by providing written notice to theTheDHEffect@gmail.com or by notifying us through the “Contact Us” form on The DH Effect Website. After providing such notice, Member will be charged one additional time, with the Membership terminating thirty (30) days after the final payment date. Members who wish to cancel their Membership should notify The DH Effect before the billing date that corresponds to their final month of Membership to avoid paying unwanted dues. Membership dues will not be prorated based on the date of cancellation. Membership dues are non-refundable.
UNLESS OTHERWISE STATED BY THE DH EFFECT IN WRITING, MEMBERSHIP CHARGES WILL BEGIN AT THE TIME OF PURCHASE AND RECUR MONTHLY UNTIL CANCELLED BY THE MEMBER IN ACCORDANCE WITH OUR CANCELLATION POLICY STATED ABOVE. MEMBERSHIPS BEGIN AT THE TIME OF PURCHASE (AND NOT AT THE TIME OF MEMBER’S FIRST CLASS). THE MONTHLY DUES WILL BE CHARGED AUTOMATICALLY AND ON APPROXIMATELY THE SAME DAY OF THE MONTH THAT THE MEMBERSHIP COMMENCED AND ORIGINAL MEMBERSHIP PAYMENT WAS MADE (the “Billing Date”).
Billing dates cannot be moved to a different day of the month. If payment does not process successfully, the Membership will automatically become inactive until payment is made. Any lost time that results from payment processing failures will not be reimbursed or credited. If a payment does not process successfully, members can be subject to a $25 administrative fee for the time required to resolve payment. If multiple attempts to process payment are made, this fee will be charged for each attempt.
Cancelling a Membership before the end of the commitment period does not relieve Member of payment through the commitment period.
The DH Effect reserves the right to increase its Membership dues from time to time, and will provide Members written notice in advance of any increase and the opportunity to cancel their Membership once the increase is instated. Members who choose to continue their Membership will be charged the increased dues in the next billing cycle after the increase has been implemented. Please note that the advanced written notice and opportunity to cancel does not apply to Memberships that have automatic rate increases as described at the time of purchase.
The DH Effect collects sales tax on taxable credits, memberships, and other products in California. Prices shown do not reflect any federal, state or local taxes. Taxes will be reflected during checkout based on the location and product.
FORM OF PAYMENT
All payments (including for monthly and annual Membership dues) are payable by electronic funds transfer from Member’s credit card account or debit card account. Payments for Membership dues may not be split between multiple cards, and processed payments may not be refunded in order to charge payment to a different card. Members must authorize payments to be made through a third party administered electronic funds transfer system. Members maintain full control and privacy over their account at all times.
RETURNED PAYMENT PENALTY
Members will automatically be charged any bank fee imposed on The DH Effect, plus a processing fee of up to $25, for any returned payment due to closed accounts, insufficient funds, or other reason. If this occurs, The DH Effect retains the right to collect the current and past due balances in any month after the returned payment.
OFFERINGS FOR MEMBERS
From time to time, The DH Effect may offer special promotions or offers. When such promotions or offers arise, please refer to the specific promotion details for any terms that may differ from these Terms and Conditions.
You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of The DH Effect to post content, or if you imply consent that The DH Effect may post content on your behalf, either by written or oral means, or you fail to inform The DH Effect that content should be removed, you are equally responsible for the content. You waive any and all claims against The DH Effect of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on The DH Effect. You understand that The DH Effect does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, The DH Effect and Content available through the Service may contain links to other websites, which are completely independent of The DH Effect. The DH Effect makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will The DH Effect be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that The DH Effect does not pre-screen or approve Content, but that The DH Effect shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.
THIRD PARTY CONTENT, SITES, AND SERVICES
The DH Effect and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of The DH Effect, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for The DH Effect to verify information provided by the seller of any item.
You agree that The DH Effect shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that The DH Effect is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release The DH Effect, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
You agree not to post, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
that impersonates any person or entity, including, but not limited to, a The DH Effect employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
that includes personal or identifying information about another person without that person’s explicit consent;
that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if: posted in areas of The DH Effect which are not designated for such purposes;
or emailed to The DH Effect users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted;
“stalk” or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by The DH Effect;
post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
post the same item or service in more than one classified category or forum;
attempt to gain unauthorized access to The DH Effect’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or The DH Effect;
or use any form of automated device or computer program that enables the submission of Content on The DH Effect without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on The DH Effect’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from The DH Effect. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from The DH Effect.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to The DH Effect email addresses or through The DH Effect computer systems is expressly prohibited by these TOU. Any unauthorized use of The DH Effect computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
LIMITATIONS ON SERVICE
You acknowledge that The DH Effect may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that The DH Effect has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that The DH Effect reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that The DH Effect shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Legal Disclaimer: By logging in to your The DH Effect account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.
1) Parties: This “Agreement” between “I” or “me” or the “Company” and The DH Effect. (“The DH Effect”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.
2) Content: I hereby license to The DH Effect the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on The DH Effect and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website The DH Effect at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but The DH Effect retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for The DH Effect to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my The DH Effect account with any updates to the Content necessary to keep such Content accurate and representative of my products. The DH Effect and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.
CONDUCT, RISKS AND SAFETY
Members shall not use any The DH Effect facility, service or equipment in such a way as to endanger the health or safety of themselves or others. Members shall be responsible for any property damage or personal injury caused by themselves or their guests. Members agree not to violate any laws while attending events hosted by The DH Effect.
REVOCATION OF MEMBERSHIPS AND CREDITS
The DH Effect, in its sole discretion, may revoke Memberships or Credits at any time and without refund, in the event that a Member or Participant engages in behavior that is unsafe or objectionable to any other Member, Participant or staff, or for reasons of nuisance or disturbance to any other Member, Participant or staff, moral turpitude, fraud, personal hygiene or attire. The DH Effect also reserves the right, in its sole discretion, to require a Member or Participant to leave for the day if, in The DH Effect’s reasonable judgment, a Member poses a health or safety risk, or is disturbing or is likely to disturb any other Member, Participant or staff.
Members may not let others use their The DH Effect username or password. If a Member allows another person to use their Member ID or password to purchase membership, products or event registration, The DH Effect, in its sole discretion, reserves the right to revoke or suspend Member’s Membership or Participant’s Credits.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF The DH Effect AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. The DH Effect AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, The DH Effect DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF The DH Effect AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, The DH Effect DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON The DH Effect OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON The DH Effect OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, The DH Effect DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH The DH Effect OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The DH Effect, The DH Effect OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL The DH Effect BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF The DH Effect HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF The DH Effect OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF The DH Effect OR THE SERVICE, FROM INABILITY TO USE The DH Effect OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF The DH Effect OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH The DH Effect OR THE SERVICE OR ANY LINKS ON The DH Effect OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH The DH Effect OR THE SERVICE OR ANY LINKS ON The DH Effect. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold The DH Effect, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
ADDITIONAL GENERAL PROVISIONS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of The DH Effect. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of The DH Effect, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. The DH Effect, as well as certain other of the names, logos, and materials displayed on The DH Effect, constitute trademarks, trade names, service marks or logos (“Marks”) of The DH Effect or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with The DH Effect or those other entities.
Although The DH Effect does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to The DH Effect an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant The DH Effect all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
ARBITRATION AGREEMENT; CLASS WAIVER; JURY WAIVER
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND THE DH EFFECT TO AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS OTHERWISE NOTED.
A. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms and Conditions which cannot be resolved informally or in small claims court shall be resolved, to the extent permitted by applicable law, by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and The DH Effect, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms and Conditions.
B. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to The DH Effect should be sent to: The DH Effect, 3344 Radcliffe Road, Thousand Oaks, CA 91360, Attention: Legal. After the Notice is received, you and The DH Effect may attempt to resolve the claim or dispute informally. If you and The DH Effect do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
C. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms and Conditions. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in the city of New York, New York, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
D. Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
E. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and The DH Effect, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and The DH Effect.
F. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE
A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, excluding claims for injunctive or other equitable relief as set forth below. Arbitration procedures are typically more limited, more efficient, and less costly than court proceedings and are subject to very limited review by a court. In the event any litigation should arise between you and The DH Effect in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE DH EFFECT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
G. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
H. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
I. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
J. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with The DH Effect.
K. Small Claims Court. Notwithstanding the foregoing, either you or The DH Effect may bring an individual action in small claims court.
L. Equitable Relief. Notwithstanding the foregoing, either party may seek equitable relief before a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents or emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
The DH Effect
3344 Radcliffe Road
Thousand Oaks, CA 91360