1. Agreement Between You and Simply Cabinets Online
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFU LY. BY ACCESSING OR USING THE WEBSITE www.simply-cabinets.com (the “Site”) OR PURCHASING PRODUCTS AND/OR SERVICES FROM Simply Cabinets Online (“we,” “us,” or “our”), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THE SITE OR PLACE AN ORDER.
2. Eligibility
The Site and our products/services are available only to individuals who are 18 years of age or older and who reside in the United States. If you are under 18 or reside outside the United States, please do not use this Site or place an order.
3. Modifications to These Terms
We reserve the right to modify, update, or change these Terms at any time without prior notice. Your continued use of the Site following any changes indicates your acceptance of the new Terms. We encourage you to review this page periodically for any changes.
4. OrderAcceptanceandCancellation
- Order Acceptance: Receipt of an order confirmation does not signify our acceptance of your We reserve the right, in our sole discretion, to decline or cancel any order at any time.
- Cancellation: Orders may be canceled prior to Once processing or shipment has begun, cancellation may incur a fee or may no longer be possible. Specific cancellation fees or conditions will be
communicated at the time of purchase.
5. Pricing,Payment,andTaxes
- Pricing: All prices listed on the Site are subject to change without notice. The priceshown at checkout will be the final price you pay, subject to any applicable taxes and
- Payment: We accept major credit cards and other payment methods as indicatedon the You agree to provide accurate and current payment information. Payment is due at the time an order is placed.
- Taxes: Applicable sales, use, or other taxes will be added to your order at checkout. Tax-exempt customers must provide proper documentation to qualify for exemption.
6. Shipping and Delivery
- Shipping Policy: Shipping times provided on the Site are estimates only and may vary due to third-party carrier delays or other unforeseen circumstances. We are not responsible for delays caused by the carrier.
- Delivery: It is your responsibility to provide an accurate shipping address and to be available to receive your delivery. If a delivery attempt fails due to an incorrect or inaccessible address, you may incur additional charges to arrange for re-delivery or pickup.
- Special Shipments: For shipments that require special handling (e.g., orders overa certain weight or size), additional terms may Please review any special instructions provided during the checkout
process. - Order Processing & Shipping Times: Orders are processed in the order in which they are received. Depending on the availability of the product and shipping schedules, products may not ship for several weeks or months after an order is placed. All shipping times are We cannot guarantee when an order will arrive as we rely on third-party shipping companies. Consider any shipping or transit time provided by Simply Cabinets Online or other parties as an estimate only; orders may arrive earlier or later than the estimated delivery date.
If you have specific delivery time requirements, please contact Simply Cabinets Online before placing your order so we can attempt to accommodate your needs. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.
- Delivery Coordination: We contract with delivery companies to call the telephone number you provide with your order before delivery and to offer an estimated delivery time. This delivery window is usually limited to a few hours but may span an entire day. You must be available during this window to inspect and accept your shipment. The delivery driver should also call on the day of delivery before Simply Cabinets Online exclusively uses third-party shipping companies and is not responsible for any additional direct or indirect costs or inconvenience caused by the delivery company’s failure to schedule appointments, missed appointments, or delays. If you have specific delivery requests after your order has shipped, please contact the delivery company directly using the contact information provided in your tracking details. You are required to cooperate in scheduling and receiving your order. If the delivery company and/or Simply Cabinets Online cannot reach you after two or more attempts to schedule delivery, it will be treated as a refusal to accept delivery, and your order will be returned to the warehouse. In the event that the order can be cancelled, applicable refunds will be processed once the shipment is returned and inspected. For orders that cannot be cancelled under these terms, full payment is due even if the shipment is returned due to an inability to schedule delivery.
- Out-of-Stock & Back Ordered Products: There may be times when the product you ordered is out-of-stock, which will delay fulfillment. This may occur even if our website does not indicate that items are out-of-stock, as our website is updated frequently but does not reflect live inventory levels. We will keep you informed if any products in your order are out-of-stock and unavailable for shipment within the estimated time.
If an ordered product is on back order and this was not indicated on the website at the time of order, you will be given the option to either replace the items with different ones that are in stock (with any applicable price difference payable) or to ship what is available immediately and the remainder when it becomes
available.
- Shipments Over 50lbs & Special Shipments: Shipments over 50lbs are delivered via pallet and semi-trailer. For residential delivery, the driver is only responsible for lowering the pallet to the curb. It is your responsibility to move or unload the pallet from that point. Shipping companies may refuse deliveries or charge additional fees based on local conditions—including accessibility, safety, or the ability to securely offload goods. Such decisions are made at the exclusive discretion of the shipping company, and you assume liability for all additional fees. Shipping companies will not unload the pallet for you. Simply Cabinets Online recommends that you remove the shrink wrap from the pallet and then remove the individual boxes.
Due to damage risks, any order over 50lbs or containing large materials (such as refrigerator panels or finished plywood) must be shipped via Freight Service. No changes can be made to the shipment type or delivery address after an order is placed. Attempting to change the delivery address with the freight dispatch, missing the scheduled delivery appointment, or specifying a delivery address as “Business” when it is actually residential will result in your shipment being returned to the warehouse, and applicable fees will be charged prior to any refund (please refer to our Cancellation Policy for details). To ensure your order is not returned, please verify that the delivery address is correct and is the location where you want your products delivered.
- Important Reminder: PLEASE VERIFY THE DELIVERY ADDRESS AND TYPE BEFORE COMPLETING YOUR ORDER TO PREVENT YOUR ORDER FROM BEING RETURNED TO THE WAREHOUSE. One delivery attempt will be made; if a delivery appointment is missed, your order will be returned to the warehouse and all applicable return fees will apply.
Note: A business located in a residential neighborhood is considered Residential.
- Shipping Disclaimer: Simply Cabinets Online is not responsible for missed appointments, delivery delays, or additional costs associated with these delays. Although we work closely with shipping companies to ensure timely delivery, it is impossible to guarantee a specific delivery date due to unforeseen circumstances. If you have concerns about a delayed delivery, missed appointment, or any issues regarding the transportation of goods purchased from Simply Cabinets Online, please contact the shipping company Simply Cabinets Online is not affiliated with third-party shipping companies. You understand and agree that any claims for damage or injury caused by shipping companies during delivery should be directed solely to the shipping company or third-party contractor—not to Simply Cabinets Online. This disclaimer waives any responsibility for additional costs incurred on your part (including labor for assembly and installation, third-party contractor fees, on-site modifications, project delays, or any lost income due to time off from work).
7. Product Information, Specifications, and Samples
- Product Descriptions: We strive to provide accurate product information; however, descriptions, images, and specifications are for informational purposes Actual products may vary slightly.
- Samples: We recommend ordering samples to verify color, texture, and quality before placing a full Sample orders may be subject to separate terms and return policies.
- Assembly: Unless otherwise noted, products sold as Ready-to-Assemble (RTA) will be shipped unassembled. You are responsible for the assembly of these products, though we may offer guidance or professional assembly services for an additional fee.
8. Returns, Refunds, and Exchanges
- Purchases: All sales are Checkout requirements state that you must review your order for accuracy and verify that you understand that if you have selected cabinets sold as RTA (Ready To Assemble), they will be shipped unassembled and that all part numbers reflect the part intended for purchase. We strongly urge ordering sample materials: color variations occur between different monitors and settings as well as a result of lighting conditions. Images on our website cannot be relied on as an accurate color representation for purchasing decisions. Simply Cabinets Online strongly urges ordering door samples before placing an order for cabinets to verify appearance in local lighting conditions where cabinets will be installed.
- Cabinet Specifications: You must have the necessary knowledge and information to make a purchase on the Site as well as have reviewed the specifications of each item and verified their applicability for your needs and intended use. WE RECOMMEND HIRING A PROFESSIONAL TO WORK WITH YOU IN CONFIRMING THE DIMENSIONS OF THE CABINETS YOU ARE ORDERING. While we have a team of designers who support our customers with quotes and designs, the final responsibility for what is being ordered rests with you. Designs provided by Simply Cabinets Online are solely intended to support discussions between our designers and you and to visualize ideas related to the project. We do not guarantee that any quote or order corresponds to any design provided prior to the order. We will ship what you order.
- Cancellation of Orders: Cancellation of orders that can be cancelled before the picking of the order, including non-payment of promised orders (e.g., Wire Transfer sales), will be
subject to a 10% cancellation fee.
Cancellation of orders that can be cancelled after the order has been picked and/or shipped will be subject to a 20% restocking fee plus any cost of freight to return item(s) to the warehouse.
The majority of our assembled cabinets are assembled to order. Orders for assembled cabinets and any made-to-order products cannot be cancelled, and full payment is due even if the order is cancelled or the shipment is refused.
- Delivery Claims: Any reported deficiency in products apparent upon delivery (including after opening of the packaging) shall be considered a delivery claim.
We will gladly replace products or parts that are damaged in shipping or defective due to manufacturing and/or workmanship defects for five (5) days from the date of receipt. Fulfillment mistakes resulting in the shipment of incorrect or missing products will be accepted as claims if reported within 5 days of receipt. Simply Cabinets Online and its partners photograph every shipment before shipping. Warehouse photos will be considered conclusive proof of the contents of a shipment, and replacement of any items reported as missing which were verifiably shipped is solely at the discretion of Simply Cabinets Online. Missing items verifiably shipped by Simply Cabinets Online shall be subject to a search by the shipping company. Approval for replacement of missing items can only be provided once the shipping company’s search is complete, and the timeline for such a search is outside the control of Simply Cabinets Online.
Do NOT refuse any shipments. Damaged products due to shipping will be replaced by Simply Cabinets Online and are not the responsibility of the shipping company. Any products with visible damage at the time of receipt must be noted on the Bill of Lading (BOL) to be eligible for replacement, with the BOL signed by the driver who will also issue an exception number. Please take pictures as soon as possible—preferably before the pallet is unloaded—to show the entire pallet inside the truck, including any damage.
In the event of a damaged product, pictures are REQUIRED before a replacement is issued. Pictures can be sent to [email protected].
Submit your claims through email at [email protected]
One damage claim per shipment will be accepted. Please inspect all shipped items before filing a claim. Multiple claims for the same shipment will not be accepted without prior approval from Simply Cabinets Online.
Under approved damage claims, Simply Cabinets Online replaces damaged parts, not full items. This also applies to assembled orders. Approved damage claims for scratches, nicks, and dings to side panels of cabinets—including exposed sides—may, at the discretion of Simply Cabinets Online, be addressed by providing appropriate skins or panels to cover the sides.
Claims cannot be honored for cabinets that have already been assembled by you. Claims may be filed on replacement items.
We do not provide financial compensation, including partial or full refunds, to remedy any claim, delay, or concern. This limitation also applies if you assemble or repair a damaged product instead of filing a damage claim for replacement parts. Claims are addressed as outlined above.
• Damage Claims on shipping damage visible from the out side (e.g., damaged boxes) must be reported within 5 days from the time of receipt.
- Damage Claims on concealed damage and defects must be
reported within 30 days from the time of receipt. Concealed damage is any damage not noticeable from the exterior of the shipping container or box (e.g., scratched door, ding, gouge, warped door, etc.).
Note: Non- visible parts of cabinets and trim (e.g., backs of cabinets, molding, toe kicks, insides of doors, etc.) may not be finished to perfection. Details of the main finish and other specifications can be found on each style page. Such unfinished, non-visible items are not considered damaged solely because they have different finishes.
Any missing item, including full cabinets or parts such as hinges, screws, brackets, etc., must be reported within 5 days from the time of receipt. We STRONGLY recommend verifying that all ordered materials are included at the time of delivery, as you will be signing a confirmation form from the shipping company that confirms your receipt of the goods.
Damaged, defective material or missing items cannot be replaced without prior approval from Simply Cabinet Online. All customer communication shall be confirmed in writing—if you do not receive confirmation from Simply Cabinets Online of your claim or any related communication, please assume we have not received your message.
Replacement parts and cabinets may take as long as if a new order is placed. Simply Cabinets Online cannot commit to a specific date by which defective parts will be replaced. Our aim is to replace any defective items as quickly as possible, but replacement parts may depend on warehouse stock availability and may take additional time once ordered. To ensure the quickest possible process, it is necessary to complete the claim form.
- Return Policy: Returns are accepted only if requested within 30 days of receipt and if products are in their original, resalable condition. Customized, assembled, or modified products may not be eligible for return. All returns must be authorized by Simply Cabinets Online prior to return shipment.
For authorization, please send an email request to hello@simply-cabinets.com.
All items must be returned in original packaging in a resalable condition. Therefore:
NO RETURNS ON ASSEMBLED CABINETS.
NO RETURNS ON MODIFIED CABINETS.
NO RETURNS on hoods, trims, moldings, fillers or panels.
NO RETURNS on accessories such as trash pull outs, spice pull outs, glide upgrades, etc.
You are responsible for the cost of all return shipments.
Credit will be issued after returned items have arrived at the warehouse and inspected.
Any returned product DEEMED UNSELLABLE WILL NOT RECEIVE CREDIT.
NOTE: The Cancellation and Return Policies outlined above are the same, regardless of the reason.
The claims process of Simply Cabinets Online is focused on the provision of replacement parts, if applicable. Any returns will require applicable shipping/restocking/cancellation fees addressed herein and have time limitations. Please reach out to us if you have questions regarding returns versus replacement of damaged products.
- Restocking and Shipping Fees: Returns may be subject to a restocking fee and you are responsible for the cost of return shipping unless the product is defective.
- Refunds: Refunds will be processed after the returned items are received and inspected. Any refund will exclude shipping fees and any applicable cancellation fees.
9. Warranty and Claims
- Exclusions: The warranty does not cover damage due to improper installation, misuse, alterations, or normal wear and tear.
- Claims Process: To initiate a warranty claim, contact Customer Service at [email protected]with your order details and supporting documentation (e.g., photos, proof of purchase). We reserve the right to repair, replace, or refund defective products at our discretion.
10. Customer Responsibilities
- Inspection: Upon delivery, inspect your order for any visible damage or Report any issues to our Customer Service within [email protected] days of receipt.
- Installation and Assembly: You are responsible for ensuring proper installation and assembly of our products.
- IMPORTANT: Assembly videos posted on our website are for general guidance and not applicable to each specific style of cabinet. Please consult with a professional installer before commencing installation. We recommend hiring a professional if you are unsure about the process.
- Shipping Accessibility: You are responsible for ensuring that your shipping address is accessible to the shipping company and that you are available to accept the shipment. If your shipping address is located on a dead-end street, has a narrow entryway, is far away from a main road, or if there are other reasons that limit access for delivery, the shipping companies may, at their discretion, refuse to deliver your order. In such instances, you will be responsible for covering the costs of arranging “final mile” delivery or for arranging pickups at the shipping company’s terminal.
Please contact us before placing an order if you have any potential delivery limitations—such as a gated community, a private drive, or a narrow road—to help us better accommodate your delivery needs and determine if the shipping company can use a smaller truck. Please note that there may be an additional charge for changing the standard truck size.
If a shipping company is unable to complete the delivery as described above, you may not reject the order and will be responsible for any return fees and restocking charges if you cancel or return the order.
- Compliance: You are responsible for ensuring that your purchase complies with any local codes, regulations, or permitting requirements.
11. Limitation of Liability and Disclaimers
- Disclaimer: The Site and our products and services are provided on an “as is” and“as available” basis without any warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
- Limitation of Liability: In no event shall Simply Cabinets Online be liable for any indirect, incidental, special, or consequential damages (including lost profits or data) arising from your use of the Site or our products, even if advised of the possibility of such damages. Our total aggregate liability shall not exceed the amount you paid for the products or services.
- Third- Party Services: We are not responsible for any issues or damages arising from third-party shipping carriers or service providers.
12. Intellectual Property
All content on the Site, including text, graphics, logos, images, and software, is the property of Simply Cabinets Online or its licensors and is protected by United States and international copyright laws. You agree not to reproduce, distribute, or create derivative works from any content without our express written permission.
13. Third-PartyLinks
The Site may contain links to third-party websites. These links are provided for your convenience only, and we do not endorse or have control over the content on these sites. Your use of any third-party sites is at your own risk.
14. Communications and Electronic Consent
By placing an order or otherwise providing your contact information on the Site, you consent to receive communications from Simply Cabinets Online via email, text, or phone regarding your order, promotions, or other information. You may opt out of marketing communications at any time by following the instructions in our emails or contacting us directly.
15. Dispute Resolution and Arbitration
- Arbitration: Any disputes or claims arising out of or relating to these Terms or your use of the Site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
- Class Action Waiver: You agree to resolve any disputes on an individual basis and waive your right to participate in any class action or representative lawsuit.
- Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
16. Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and Simply Cabinets Online regarding the use of the Site and the purchase of our products and supersede all prior agreements.
- Severability: if any provision of these Terms is found to be unenforceable, he remaining provisions will continue in full force and effect.
- Waiver: Our failure to enforce any provision of these Terms shall not be construed as a waiver of that provision.
- Typographical Errors: In the event a product is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, Simply Cabinets Online reserves the right to refuse or cancel any orders placed for products listed at the incorrect price.
Simply Cabinets Online shall have the right to refuse or cancel any orders, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled at our initiative, Simply Cabinets Online will immediately issue a credit to your credit card account in the amount of the incorrect price.
We strive to ensure that all items are displayed and described as accurately as possible. Simply Cabinets Online is not responsible for typographical errors or inaccuracies in images. If you have any questions about an item, please contact Customer Service.
- Order Acceptance Policy: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Simply Cabinets Online reserves the right, at any time after receipt of your order, to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
17. General Liability Waiver/Limitation of Liability
- DISCLAIMER OF WARRANTIES: We provide the website, the products, and services on an “as is” and “as available” basis. We do not represent or warrant that the products, the website, the services, its use, or any information on it:
- (i) will be uninterrupted or secure,
- (ii) will be free of defects, inaccuracies, or errors,
- (iii) will meet your requirements, or
- (iv) will operate in the configuration or with other hardware or software you
We make no warranties other than those made expressly in our Terms, and hereby disclaim any and all implied warranties, including, without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement.
- FINANCIAL LIMITATION OF LIABILITY: We will not be liable to you or any third party for any consequential, incidental, indirect, punitive, or special damages (including, without limitation, damages relating to lost profits, lost data, or loss of goodwill) arising out of, relating to, or connected with the use of the website or products/services, regardless of the cause of action on which they are based, even if advised of the possibility of such damages occurring. We are not liable for delays or additional costs related to the arrival time of the ordered products and are also not liable for any injury or damage related to the receipt and installation of the products.
- EXCLUSION OF DAMAGES: In no event will our aggregate liability arising from, relating to, or in connection with these Terms (including, without limitation, claims relating to the website, or the products/services) exceed the greater of $100 or the amount that you paid for the products/services.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- Credit Cards: We accept the following credit cards: Visa, MasterCard, American Express, and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e., the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed prior to shipment of your order.
- Links: This Site may contain links to other sites on the Internet that are owned and operated by third You acknowledge that we are not responsible for the operation of or content located on or through any
such site. - Other Conditions: These Conditions supersede any terms and/or conditions spoken or implied unless specifically signed by Management. We reserve the right to make changes to this Site and these
Conditions at any time. - Electronic and Voice Communication Consent: By submitting orders online and sharing your contact information, you consent to do business electronically with Simply Cabinets Online and receive documents in electronic form. You understand that electronic transactions, not limited to emails, are inherently unsecure and that both you and Simply Cabinets Online will take all reasonable steps to maintain the privacy of the information shared between the parties. You consent to receive updates and documents relating to these Terms and your purchase, as well as additional services and programs offered by
Simply Cabinets Online, via email, prerecorded voice messages, text/SMS messages, and/or through the use of an automated dialing system to the cellular or other telephone numbers provided by you. You may contact us at any time to opt out of receiving updates, new programs, or offers through prerecorded or autodialed messages. Consent to this section is not a requirement for future purchases of new services or offers.
18. Copyrights
The copyright laws of the United States protect copyrighted materials from unauthorized use or reproduction.
The images on www.simply-cabinets.com and linked websites may not belong to us but are granted to Simply Cabinets Online by third parties for use under a perpetual license. You may not make printed or digital copies or reprints in any form or for any reason whatsoever.
Users are strictly prohibited from using any copyrighted materials or the contents of our website. You may use the content of this Site only for the purpose of shopping or placing an order and for no other purpose. No materials from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
- Copyright Infringement Policy: In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), we will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements:
- A physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
- Identification of the copyrighted work(s) claimed to have been infringed, including the copyright date;
- Identification of the content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled, along with a description of
where the infringing content is located; - Information reasonably sufficient to allow us to contact you, such as a physical address, telephone number, and an email address;
- A statement by you that you have a good faith belief that the use of the content identifiedin your written notification in the manner complained of is not authorized by you or the copyright owner, its agent, or the law; and
- A statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on
behalf of the copyright owner.
Simply Cabinets Online’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:
Designated Agent – Copyright Infringement Claims
Simply Cabinets Online
Phone: 727-434-1133
Email: [email protected]
- Entire Agreement: These Terms constitute the entire agreement and understanding between you and Simply Cabinets Online concerning the subject matter here of and supersede all prior agreements and understandings of the parties with respect thereto. These Terms may be modified from time to time by us, but may NOT be altered, supplemented, or amended by the use of any other document(s) submitted by Any attempt by you to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by both you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with this Agreement, then this Agreement shall take precedence.
19. Arbitration and Class Action Waiver
Governing Law and Dispute Resolution – Arbitration and Class Action Waiver
How We Agree to Resolve Disputes—Mandatory Arbitration of All Claims and Disputes:
This section provides important information about binding arbitration. Unless you opt out of this arbitration agreement by emailing [email protected] within 30 days of first placing an order, you and Simply Cabinets Online shall be bound by this binding agreement to arbitrate any claims and disputes, and you waive all rights to seek relief in the courts except as necessary to enforce any arbitration award. This agreement also precludes card disputes and efforts to charge back amounts paid to Simply Cabinets Online.
This Agreement shall be governed by the laws of the State of Florida, including its conflict of law provisions. In the event of any controversy, claim, or dispute arising out of or relating to this Agreement, the parties agree to resolve all issues solely through binding arbitration, governed by the rules of the American Arbitration Association (“AAA”) pursuant to the Federal Arbitration Act. Any such arbitration shall take place within Pinellas County, Florida or at such other location as the parties may agree, and shall be conducted by a mutually agreed upon arbitrator. The arbitrator shall be neutral, independent, and shall comply with the AAA Code of Ethics. The arbitrator or arbitration panel shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement and this arbitration requirement.
The award rendered by the arbitrator shall be final, binding on all parties, and may be entered as a judgment in any court having jurisdiction. If either party fails to comply with the arbitrator’s award, the injured party may petition the appropriate court for enforcement. The parties further agree that any claims may be brought only in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Furthermore, the arbitrator may not consolidate claims of more than one person, nor preside over any form of representative or class proceeding.
Payment of all filing, administration, and arbitrator fees will be governed by AAA’s rules. In the event that a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party shall be entitled to recover costs of suit, including reasonable attorneys’ fees necessary to compel arbitration or enforce the award.
This section, and the arbitration requirement herein, shall survive the termination of our services or this Agreement.
PLEASE PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS.
20. Contact Information
If you have any questions about these Terms, please contact us at:
By using our Site and purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Please print and retain a copy of these Terms for your records.