These Terms of Use are effective as of January 1, 2020
ACCESSIBILITY — IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS TERMS OF USE AGREEMENT OR THE WEBSITE, PLEASE CONTACT FAN SERVICES VIA MAIL.
NOTICE REGARDING DISPUTE RESOLUTION. THESE LIDOM SHOP TERMS CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US RELATING TO YOUR USE OF THE LIDOM SHOP WEBSITE WILL BE RESOLVED. FOR EXAMPLE, SECTION 21 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
Warranty Disclaimers and liability limitations. While there are significant points throughout these Terms, please note Sections 16 and 17 contain important limitations on our liability.
The following terms of use (the “Lidom Shop Terms”) contain the terms and conditions applicable to you and your access to and use of this website, us.lidomshop.com, including the mobile version and any successor site(s), regardless of how accessed (collectively, the “Lidom Shop Website”). The Lidom Shop Website is operated by Lidom Shop USA, LLC, a Florida corporation, and/or one of its subsidiaries or affiliates (the “LIDOM Shop USA LLC”), on behalf of LIDOM Advanced Media, L.P. and/or its affiliated entities (“Partner Entities”), including the Office of the League President, its Bureaus, Committees, Subcommittees and Councils, the Liga Dominicana de Beisbol (LIDOM), each of their subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the above entities. When used herein, the terms ”we,” “us” or “our” include LIDOM Shop USA LLC, the LIDOM Shop USA LLC Entities and the Partner Entities.
Your use of the Lidom Shop Website (including any feature, content or application offered by the Lidom Shop Website) is at all times subject to these Lidom Shop Terms, as the same may be modified by us, and all applicable laws, rules and regulations. Please read
these Lidom Shop Terms carefully. If you are dissatisfied with these Shop Terms, your sole and exclusive remedy is to discontinue using the Lidom Shop Website.
Acceptance of Shop Terms. BY ACCESSING AND USING THE LIDOM SHOP WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE SHOP TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE SHOP TERMS, YOU MAY NOT ACCESS OR USE THE LIDOM SHOP WEBSITE. These Shop Terms may be changed, modified, or altered by us in our sole discretion at any time without prior notice. If we materially change the Shop Terms, we will notify you by posting updated Shop Terms on the Lidom Shop Website or by sending an email to the email address specified in your account, if any, prior to or upon the change(s) becoming effective. Accordingly, when you access or use
the Lidom Shop Website, you should check the date of the Shop Terms and be aware of any changes since the last version. Your continued use of the Lidom Shop Website following the posting of any changes to these Shop Terms means that you accept such changes. Your access to and use of the Lidom Shop Website will be governed by the Shop Terms in effect at the time of such access or use.
Other Sources of Terms and Conditions; Promotions and Coupons. Certain provisions of the Shop Terms may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Lidom
Shop Website, and, additionally, in order to participate in or use certain Lidom Shop Website services, promotions, discounts or coupons that may be available from time to time (“Offers”), you may be required to agree to additional or different terms and conditions (“Offer Terms”). Some Offers also may be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer or the exclusion of merchandise from an Offer which shall also be part of the Offer Terms. Certain merchandise, shipping methods, costs or membership programs, and/or delivery times may be modified or not available in connection with an Offer. Your redemption of the Offer or use of Offer pages constitutes your unconditional acceptance of the Offer Terms. If there is a conflict between these Lidom Shop Terms and any Offer Terms, the Offer Terms shall control and the non-conflicting provisions in these Lidom Shop Terms will continue to apply. For example, if you seek to redeem a coupon code on the Lidom Shop Website, your redemption of the coupon code is subject to the specific Offer Terms applicable to that code and to the non-conflicting provisions of these Lidom Shop Terms. For the sake of clarity, silence with respect to a particular term in either these Lidom Shop Terms or any Offer Terms does not constitute a conflict.
If an Offer does not contain Offer Terms, then only these Lidom Shop Terms apply. Under these Lidom Shop Terms, unless otherwise prohibited by law, any Offer: (a) is valid only at the website identified in the Offer and at no other store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one Offer per person, household, or address; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the later of one year from the date of issue or the date required by applicable law, and (i) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, shipping, handling or any value added service. In addition, some Offers may be in the form of a voucher. If you purchase a voucher with a promotional value beyond the amount paid, you may redeem the voucher for the promotional value until the expiration date, or for the amount paid after the end of the applicable promotional period. We reserve the right to limit, change, or cancel any Offer or associated order, without prior notice, even after you have attempted to redeem the Offer or placed your associated order. By using an Offer, you indicate your acceptance of all applicable terms and conditions, including these Lidom Shop Terms and the Offer Terms, if any.
- Use of the Lidom Shop Website. The content and information posted by us on the Lidom Shop Website may be used only for informational, personal or other purposes authorized by us. By accessing and using the Lidom Shop Website, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Lidom Shop Website does not violate any applicable law, rule or regulation. The Lidom Shop Website is intended for use by residents of the United States (“U.S.”) or non-residents that agree to use the Lidom Shop Website in accordance with U.S. laws, these Shop Terms and
the Lidom Shop Privacy Policy (“Lidom Shop Privacy Policy”). By using the Lidom Shop Website, you further represent and warrant that you meet these residency requirements. Use of and access to the Lidom Shop Website is void where prohibited.
Unauthorized Use. You may not use the Lidom Shop Website for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Lidom Shop Terms may immediately and automatically terminate your right to use and access the Lidom Shop Website and may subject you to legal liability.
Appropriate legal action may be taken for any illegal or unauthorized use of the Lidom Shop Website. We may remove any unauthorized content, links, etc. without notice. Some examples of unauthorized, illegal or unlawful use of the Lidom Shop Website include, but are not limited to:
o Copying, modifying, displaying, performing, distributing, republishing or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Lidom Shop Website without our prior written consent;
o Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
o Using a framing or similar technique without our prior written permission;
o Creating or maintaining any link from another website to any page on the Lidom
Shop Website without our prior written permission;
o Criminal or tortious activity, including fraud, spamming, spimming (spam by
instant message), sending of viruses or other harmful files, copyright
infringement, patent infringement or theft of trade secrets;
o Covering or obscuring the banner advertisements on the Lidom Shop Website, if
any, via HTML/CSS or any other means;
o Any automated use of any system, such as using scripts to alter content; o Interfering with, disrupting, or burdening the Lidom Shop Website or the
networks, systems or services connected to the Website;
o Using any automated system or software to extract data from the Lidom Shop
Website for commercial purposes (including “screen scraping”);
o Attempting to impersonate another user or person at checkout or otherwise; o Using the account, username or password of another user or disclosing your
password, as applicable, to any third party or permitting any third party to access
your account;
o Displaying an advertisement, or accepting payment or anything of value from a
third person in exchange for your performing any commercial activity on or through the Lidom Shop Website on behalf of that person, such as placing commercial content on the Lidom Shop Website;
o Using the Lidom Shop Website for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes;
o Attempting to include any of the following in merchandise that is offered for sale through the Lidom Shop Website and that permits user-added content (e.g., a personalized jersey): (i) images that contain obscene, profane, pornographic or otherwise objectionable content; (ii) images, names or likenesses owned by any
third party without such third party’s authorization; (iii) any images of a person who has current or remaining collegiate athletic eligibility; or (iv) any images that include the name, image, or likeness of any celebrity, public figure or individual who has not authorized the use of his or her name, image or likeness; or
o Using the Lidom Shop Website in a manner inconsistent with any applicable law, rule or regulation.
Links to Third Party Sites; Advertisers. The Lidom Shop Website may provide you with links or other access to other websites, services, products or content of third parties, including the Other Platforms, as defined in Section 11 below (“Third Party Sites”). We have no control over, and do not endorse, any Third Party Site’s services, products or content. You acknowledge and agree that you access such Third Party Sites at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend that you read the terms of use and privacy policies of each Third Party Site that you access.
Lidom Shop Privacy Policy. You agree to our collection, use and sharing of your information, including personal information, as set forth in our Lidom Shop Privacy Policy. All provisions of the Lidom Shop Privacy Policy are incorporated by reference herein.
Products, Content and Specifications. The inclusion of any products or services on the Lidom Shop Website does not imply or warrant that these products or services will be available at any particular time or that the listed attributes are accurate or complete. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate. We do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Lidom Shop Website by any third party, including but not limited to customers, manufacturers, distributors or suppliers of products and services sold through the Lidom Shop Website, and product packaging and material may contain additional or different information. Always read labels, warnings, directions or other materials provided with the product before using. In addition, we may make changes to information about price, availability or other product attributes without notice. We assume no responsibility or obligation to modify or remove any inaccurate content. Products included on the Lidom Shop Website may be unavailable, may have different attributes than those listed or may actually carry a different price than that stated on the Lidom Shop Website. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have
the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation (the time it takes for your financial institution to process the refund may vary and is governed by your agreement with them).
Placing an Order; Limitations; Acceptance. By placing an order, you agree that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law and that you have the right to use any payment method that you provide to use. You may not order products with the intent to resell them.
We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, for any reason including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to
sell. We accept your order only upon shipment of the product. With respect to the shipment of products and services sold through the Lidom Shop Website, risk of loss and title for items purchased from the Lidom Shop Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Lidom Shop Website. By placing an order, you represent that the products ordered will be used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law.
Property; Intellectual Property. All content of the Lidom Shop Website (including, without limitation, text, graphics, icons, images, clips and software) is protected by copyright, trademark and other laws. Names, logos, taglines, icons and marks on the Lidom Shop Website are the exclusive property of LIDOM Shop USA LLC, the LIDOM Shop USA LLC Entities, the Partner Entities or other third parties, and may not be used by you without our prior written permission. We reserve all rights not expressly granted in and to the Lidom Shop Website’s content and services. Unless otherwise
indicated, all other intellectual property appearing on the Lidom Shop Website is the property of its respective owner.
- User-Generated Content. Users may be able to post content in certain areas on the Lidom Shop Website or on other websites or platforms that we own or operate, including on social media platforms such as Facebook, Instagram, Twitter and Pinterest (“Other Platforms”). You are solely responsible for any content (including, without limitation, photos, artwork, videos, text, graphics and other information) you upload, post, display or otherwise provide to us through the Lidom Shop Website or Other Platforms (“User Content”). We take no responsibility for, and assume no liability for, any User Content posted by you or any other party. Any User Content you post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non- proprietary. By sharing User Content with us, you grant us a worldwide, royalty- free, perpetual, irrevocable and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and services which incorporate such User Content. You further agree that this means that any User Content may appear on sites other than the site through which you submitted your User Content including but not limited to the Lidom Shop Website or Other Platforms. You represent and warrant that: (a) you own the User Content posted by you on the Lidom Shop Website or otherwise have the right to grant the rights set forth in this Section 11; (b) your User Content does not violate the privacy rights, publicity rights, intellectual property rights or any other rights of any person or entity; and (c) the posting of User Content on the Lidom Shop Website does not result in a breach of any contract between you and a third party. You agree that you will not use a false or misleading email address, impersonate another person or entity or otherwise mislead with respect to any User
Content. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the Lidom Shop Website or Other Platforms. We are under no obligation to screen or monitor User Content, but may review User Content from time to time at our sole discretion to review compliance with these Shop Terms. We may reject, refuse to post, edit or remove any User Content at any time without notice, for any or no reason.
No Ideas Accepted. We do not accept any unsolicited ideas to the Lidom Shop Website including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, you submit an unsolicited idea to the Lidom Shop Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You hereby grant us an irrevocable, perpetual, world-wide license to use any idea you submit to the Lidom Shop Website and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation or notice to you.
Termination of Access and/or Account. In addition to any right or remedy that may be available to us under these Lidom Shop Terms or under applicable law, we may limit, suspend or terminate your access to the Lidom Shop Website or Other Platforms (including, without limitation, your account registration and your ability to post User Content) at any time, with or without notice and with or without cause. We also may refer any information on alleged or actual illegal activities, including your identity, to the proper authorities.
Term. These Lidom Shop Terms shall remain in full force and effect while you use or access the Lidom Shop Website or have an account with the Lidom Shop Website. See our Lidom Shop Privacy Policy for instructions on how to modify or delete your account. Sections 2, and 6-21, together with all other terms that reasonably may be interpreted as surviving, shall survive any termination of these Lidom Shop Terms.
- Indemnity. You agree to defend, indemnify and hold LIDOM Shop USA LLC, the LIDOM Shop USA LLC Entities, the Partner Entities, their subsidiaries, affiliates, suppliers, and licensors and each of their respective officers, agents, partners and employees (the “Website Parties”) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, issued by any third party due to or arising out of: (a) your use of the Lidom Shop Website in violation of these Lidom Shop Terms and/or your breach of these Lidom Shop Terms (including, without limitation, any breach of your representations and warranties set forth herein); (b) any allegation that any content or other material, including User Content, that you have submitted or transmitted to the Lidom Shop Website or to us infringes, misappropriates or otherwise violates the copyright, trademark, trade secret or other rights of any
party; (c) your violation of applicable law; and/or (d) your activities or omissions in
connection with the Lidom Shop Website. - DISCLAIMER OF WARRANTIES. YOUR USE OF THE LIDOM SHOP WEBSITE IS AT
YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE LIDOM SHOP TERMS AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE LIDOM SHOP WEBSITE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE LIDOM SHOP TERMS, THE LIDOM SHOP WEBSITE, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE ON THE LIDOM SHOP WEBSITE AND THE PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE LIDOM SHOP WEBSITE, IS MADE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE PARTIES DISCLAIM AND EXCLUDE ANY EXPRESS OR
IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND,
INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE LIDOM SHOP WEBSITE, ITS CONTENT AND THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE LIDOM SHOP WEBSITE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LIDOM SHOP WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LIDOM SHOP WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR THE USE OF THE LIDOM SHOP WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE LIDOM SHOP TERMS. - LIMITATION ON LIABILITY. IN NO EVENT SHALL THE WEBSITE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE LIDOM SHOP WEBSITE, YOUR INABILITY TO USE THE LIDOM SHOP WEBSITE, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE LIDOM SHOP WEBSITE, EVEN IF THE WEBSITE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF LIDOM SHOP USA LLC, THE LIDOM SHOP USA LLC ENTITIES AND THE PARTNER ENTITIES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE GREATER OF: (A) THE PURCHASE PRICE FOR THE ITEM AT ISSUE, IF APPLICABLE; OR (B) $10.00.
Third Party Transactions. Through your use of the Lidom Shop Website, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services. WE MAKE NO WARRANTY REGARDING ANY THIRD PARTY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH THE LIDOM SHOP WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH THIRD PARTY TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. You will look solely to such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through the Lidom Shop Website. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE LIDOM SHOP WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED FROM A THIRD PARTY ON OR THROUGH THE LIDOM SHOP WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH THIRD PARTY PRODUCTS OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED BY THE THIRD PARTIES, IF APPLICABLE. - U.S. Export Controls. Software made available to you by the Lidom Shop Website (the “Software”), if any, is subject to U.S. export controls. No Software may be downloaded from the Lidom Shop Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Governing Law. These Shop Terms and your use of the Lidom Shop Website will be governed by federal and Florida law, regardless of the conflict of law provisions
thereof and regardless of where you live or from where you access or use the Lidom Shop Website.
- Arbitration/No Class Action. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Use of or accessing the Lidom Shop Website or Offers constitutes your acceptance of this provision.
Except where prohibited by law, as a condition of using the Lidom Shop Website, you and we agree that any and all disputes, claims and causes of action (collectively, “Claims”) arising out of or connected with the Lidom Shop Website (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association (“AAA”), including the Supplementary Procedures for Consumer-Related
Disputes, for full and final settlement of such Claim, applying the Federal Arbitration Act and other federal arbitration laws. You and we also agree that (a) any Claims will be resolved individually and not through any class action; (b) if a Claim proceeds in court anyway, we both waive any right to a jury trial; and (c) either YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE LIDOM SHOP TERMS. YOU AND WE ALSO AGREE THAT (I) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION; (II) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (III) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction. The arbitration may be conducted via written submissions or in person at a mutually agreed location. Payment of all filing, administration, arbitrator and/or mediator fees (“Fees”) will be governed by AAA’s rules. The AAA’s rules are available at www.adr.org, or call 800-778-7879 (toll-free) for instructions on how to obtain a copy. Unless the AAA arbitrator determines that
your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) not seek reimbursement from you for our attorneys’ fees and costs associated with the arbitration. You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post- arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Florida, or the United States District Court for the District of Florida. For any Claims that are not subject to arbitration, if any: (y) the exclusive jurisdiction and venue for proceedings shall be the courts of competent jurisdiction sitting within the State of Florida (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; and (z) you and we waive any and all rights to trial by jury. You agree that you must assert all Claims against us within one (1) year from the date of the applicable purchase or, if no purchase was made, from the date the Claim first accrued. - Miscellaneous. We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Lidom Shop Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. Our failure to exercise or enforce any right or provision of these Lidom Shop Terms shall not operate as a waiver of such right or provision. The section titles in these Lidom Shop Terms are for convenience only and have no legal or contractual effect. These Lidom Shop Terms and your account on the Lidom Shop Website are personal to you and may not be transferred or assigned.
Our performance under these Lidom Shop Terms is subject to existing laws and legal process, and nothing contained in these Lidom Shop Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Lidom Shop Website or information provided to or gathered by us with respect to such use. If any part of these Lidom Shop Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Lidom Shop Terms shall continue to
be fully in effect, valid, binding and enforceable. For the avoidance of doubt, these Lidom Shop Terms apply solely to the extent permitted by law.
These Lidom Shop Terms, together with any additional terms and conditions or policies referred to and incorporated herein (including the Lidom Shop Privacy
Policy and/or additional terms applicable to various parts of the Lidom Shop Website), constitute the entire understanding between you and us. - Contact Information. Lidom Shop USA, 492C CEDAR LANE SUITE 326, TEANECK NJ, 07666.
