Terms and Conditions
Last Updated: September 25, 2024
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A WAIVER OF CLASS OR CONSOLIDATED ACTION THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH HALO BOARD.
OVERVIEW
These Halo Board Terms and Conditions apply to the website and all other online properties (the “Site”) operated by Halo Board (“Halo Board”, “we”, or “us”). Halo Board offers this website, including all information, tools, and services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS; DELIVERY & SHIPPING
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
The following uses of the Site are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
- frame or link to the Site without permission;
- use data mining, robots, or other data-gathering devices on or through the Site;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or harass, abuse, or post objectionable material;
- sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to Halo Board or others
Domestic (U.S.) Customers:
If the Halo Board you ordered is in stock, it will ship within 1-2 business days after payment has been approved and cleared. Orders are processed in order of first come, first served. If your item is not in stock or stock is depleted by way of another channel, we will contact you regarding your Halo Board purchase. You will have the option to wait for your back-order, modify your order, or cancel your order.
Delivery Information:
All Domestic United States orders come with Free Standard Shipping, excluding Alaska and Hawaii. Your Halo Board will ship from our Los Angeles warehouse within 1-2 business days of your payment has cleared. We only ship Monday through Friday. Any in-stock orders placed Friday through Sunday will be shipped the following Monday or Tuesday.
International Shipping:
The recipient is the importer on record and must comply with all laws and regulations of the destination country. Orders shipped outside of the United States may be subject to import taxes, customs duties, and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties, and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be fulfilled by the recipient; Halo Board has no control over these charges, nor can Halo Board predict what they may be.
Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates
Items Damaged During Transit:
If you have received a damaged item, you must contact us within 7 days by calling us toll-free or by email at support@haloboard.com. If you do not contact us within this time frame, your damage claim can possibly be denied by the carrier. Customer assumes all responsibility for damaged items until it is picked up by the corresponding carrier agent.
SECTION 2 – GENERAL CONDITIONS; INTELLECTUAL PROPERTY RIGHTS
We reserve the right to refuse service to anyone for any reason at any time.
All prices and specifications are subject to change without notice. Prices are final as of the time of order. All products are shipped F.O.B. (Freight On Board) and become the sole property of the purchaser upon delivery to the specified shipping company. In case of damage upon shipping transit, the customer should contact us immediately so we can promptly file a damage claim with our carrier and expedite a replacement Halo Board. Any order discrepancies, including wrong items or missing items, should be reported to Halo Board within 36 hours. By purchasing from our website, you acknowledge that you have read and agreed to all terms and conditions. All brands and product names mentioned are trademarks and/or registered trademarks of their respective holders. Product images are for representation purposes only. Actual products may have slight cosmetic or color differences.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You acknowledge and agree that the website and any software or programs used with respect to this website and the Services contain proprietary and confidential information that is the property of Halo Board and its licensors and is protected by applicable intellectual property and other laws.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Images of people or products posted on this Site are either the property of Halo Board or our licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips, and written and other materials (together, with “Marks” (as defined below), “Halo Board Content”) is the property of Halo Board or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Halo Board and is protected by United States and international intellectual property laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To obtain authorization to use the materials or content on this Site, please contact support@haloboard.com.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
The price for Products available for purchase through this Site will be displayed to you on this Site. The prices displayed do not include taxes. Any applicable taxes will be communicated to you before you place an order.
SECTION 5 – PRODUCTS OR SERVICES; RETURN POLICY
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – SAFETY GUIDELINES
When you are learning to use the Halo Beast or Halo Rover, make sure that all safety precautions are made. Wear a helmet, kneepads, elbow pads, wrist guards, and other protective gear. •Halo Boards are only for personal entertainment. You may not be permitted to ride it on sidewalks and streets. Check your city and/or town laws first. • Do not ride Haloboards in traffic. • Young children, the elderly, and pregnant women should not ride the Halo Board. • Do not ride while intoxicated or under the influence of medications or drugs. It is dangerous and illegal to do so. • Do not carry items when riding. • When riding the Halo Board, you must comply with your local laws and give way to pedestrians. • Please be alert to your surroundings at all times to ensure a safe ride. Do not ride in dimly lit or dark locations. • Relax your legs while riding, knees slightly bent. This will help maintain balance when you encounter uneven ground and pavement. • Make sure your feet are always on the board. Taking your feet off the Halo Board while riding is incredibly dangerous.
- Please wear appropriate clothing and safety gear; this will help you handle emergencies better. • Halo Boards can only support one person. Do not let two or more people ride it together. • Do not start or stop suddenly. • The weight of the rider and their belongings should not exceed the maximum weight indicated in the instructions; otherwise, you may damage your Halo Board, or the rider may fall or be injured. The rider's weight should not be less than the minimum load, as stated in the instructions. Otherwise, the Halo Board will be difficult to control. This is especially true when riding on hills, as the Halo Board may reach unsafe speeds. • Ensure the electric skateboard speed is safe for yourself and others, and be prepared to stop at any time. • If you are in an accident, please contact EMS / 911 straight away. • If you and your friends are riding near each other, please keep a safe distance from one another to avoid collisions.
- When making turns, pay attention to your body's center of gravity. Sudden shifts may cause you to lose balance and fall. • Do not ride in the rain. • Halo Boards are not medical mobility devices. Be sure you are healthy enough to ride. • Avoid riding over obstacles and slippery ground, such as snow, ice, and wet terrains. • Avoid boarding over items made of cloth, small branches, and stones. • Avoid boarding in narrow spaces or where there are obstacles in your path. • Only ride the Halo Board where you are allowed. Local laws may restrict locations you can board. • Do not operate near flammable vapor, liquids, dust, fibers, and/or other fire hazards.
Remember: The Halo Board is a motor vehicle, and local law treats it as such. You can and will be arrested for drunk riding. Most cities have restrictions on where you can operate motor vehicles and additional restrictions on riding non-automobiles on roads and highways. Always wear your helmet and appropriate safety gear. We are not responsible for any injuries or accidental deaths.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
SECTION 10 – USER SUBMISSIONS
If our website allows user submissions (such as photos, videos, reviews, or other content), the following terms apply:
- By submitting content, you represent that:
- You own all rights to the content or have permission to submit it.
- You are at least 18 years old.
- The content does not violate any laws or third-party rights.
- If you submit content, you grant Halo Board a royalty-free, worldwide, non-exclusive license to use, reproduce, and publish the content for purposes related to our business operations, including but not limited to marketing and promotional materials.
- Halo Board is not responsible for user-submitted content but reserves the right to monitor, remove, or limit any content at its discretion.
- You are solely responsible for your submissions. Halo Board may remove any content that violates these terms or applicable laws.
- Halo Board may use your submission in various media, including our website and social media platforms, if we choose to do so.
These terms will only apply if and when our website implements features allowing user submissions. By using any such features, you agree to abide by these terms.
SECTION 11 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as stated herein.
Warranty Limitations:
This Limited Warranty only covers the original purchaser from any defects in material and/or workmanship under normal use for a 12-month term from the date of invoice for the Halo Rover, Halo Rover X, Halo Rover S, and Halo Go; and a 6-month term for the Halo Board and Halo Beast. This warranty is only available to the original purchaser of the product and is not transferable to any subsequent purchaser. Halo Board will either repair or replace the product at no charge, using new and/or refurbished parts at our discretion. Replacements may have slight differences but will be functionally equivalent models. This Limited Warranty will not cover any problems caused by conditions, malfunctions, or damage not resulting from defects in material or workmanship. These conditions may include but are not limited to road hazards, water damage, accidents, and improper operation or maintenance.
Limits and Exclusions:
There are no express warranties except as stated above. Halo Board shall not be liable for special, incidental, consequential, or punitive damages, including, without limitation, direct or indirect damages for personal harm or injury, loss of goodwill, profits or revenue, loss of use of this product or any associated equipment, cost of substitute equipment, downtime cost, fires, or any other losses, or claims from any party dealing with buyers from such damages, resulting from the use of, or inability to use, this product or arising from breach of warranty or contract, negligence, or any other legal theory. In no event shall Halo Board be liable for any incidental, indirect, special, or consequential damages or liabilities (including but not limited to incidental or consequential damages for loss of time, inconvenience, loss of use of the product, or any other consequential or incidental loss) in connection with the purchase, use, or operation of the product. Halo Board is not liable for property damage, personal injury, or death. All express and implied warranties, including the warranties of merchantability and fitness for a particular purpose, are limited to the applicable warranty period set forth above. All boards must not be charged for more than 90 minutes at a time, as charging for more than 90 minutes can run the risk of fire hazards.
State Law Rights:
Some states do not allow the exclusion or limitation of some incidental or consequential damages or set limitations on how long an implied warranty lasts, so the above limitations or exclusions might not apply to you. This warranty gives you specific legal rights. You may also have other rights, which are varied from state to state.
Halo Board is not responsible for typographical errors. Product photos are for illustration and representation purposes only: the actual product may have some cosmetic differences.
For additional details on our warranty policy, please refer to our full Return and Warranty Policy available on our website. In the event of any conflict between the warranty terms stated here and those in the Returns and Warranty Policy, the terms in this Terms of Service shall prevail, particularly where they provide greater protection or clarity. This includes, but is not limited to, our policies on replacement parts, functional equivalence of replacements, and any future updates to our warranty terms.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Halo Board, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 – ARBITRATION AGREEMENT AND DISPUTE RESOLUTION PROCESS
This Arbitration Agreement governs any and all claims relating in any way to your purchase of any products or services sold or distributed by us, the use of the Site, our Terms, and our Privacy Policy and practices (each a “Claim” and collectively, the “Claims”).
You agree to resolve Claims exclusively through arbitration, if not previously settled through good-faith negotiations between you and us.
18.1 Scope of Arbitration
Any and all Claims will be resolved by binding arbitration, rather than in court, except that, as specified below, if a Claim is within the jurisdiction of a small claims court, either you or us may choose to take the Claim to that court instead of arbitration. The Federal Arbitration Act (9 U.S.C. §§ 1-16) and federal arbitration law apply to and govern this Dispute Resolution Process relating to arbitration.
18.2 Informal Resolution
You and we agree that good-faith informal efforts to resolve claims often can result in a prompt, low-cost, and mutually beneficial outcome. Before initiating any arbitration, you must first send an individualized Notice of Dispute to:
Halo Board
support@haloboard.com
Attn: Legal Department
The Notice of Dispute must contain all the information relevant to the Claim. This Notice of Dispute is a prerequisite to initiating any arbitration. A properly completed and served individualized Notice of Dispute shall toll the Limitations Period for sixty (60) days, during which the parties shall make a good faith effort to try to resolve the dispute, including conducting a telephonic or video conference to discuss the matter if either party so requests.
18.3 Arbitration Forum & Fees
Upon the conclusion of the tolling period under the Informal Resolution procedure above at Section 18.2, including any extension thereof due to the Batch Arbitration procedure as applicable, a party may initiate an arbitration proceeding. To begin an arbitration proceeding, you must send a letter requesting arbitration, describing your Claim to our registered agent Corporation Service Company as may be relevant. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If the arbitrator finds that you cannot afford to pay your portion of any filing, administrative, hearing, or other arbitral forum fees and you cannot obtain a waiver of fees from the arbitral forum, we will pay them for you. Except as provided pursuant to any applicable offer of judgment law, neither party will recover attorneys’ fees and costs in arbitration unless the arbitrator determines the Claim was submitted for purposes of harassment or is frivolous. You may choose to have the arbitration conducted by telephone, video conference, or in person in the county where you live or at another mutually agreed location.
18.4 Waiver of Jury Trial
You and we both understand that by agreeing to this binding arbitration provision, both are giving up their right to trial by jury of any Claim. There is no judge or jury in arbitration. Even if a Claim proceeds in court rather than in arbitration for any reason, you and we each waive any right to a jury trial. This waiver applies to all disputes, whether in contract, tort, or otherwise and is irrevocable.
18.5 Waiver of Class or Consolidated Actions
You and we each agree that any dispute resolution proceedings, including any arbitration, will be conducted only on an individual basis and not on a class, collective, consolidated, private attorney-general, or representative basis. Class-action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunction, or any other representative proceeding or action are not allowed. A court will have exclusive authority to determine the validity or scope of this clause and, if necessary, to enjoin arbitrations in violation hereof. You and we also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
18.6 Batch Arbitrations
To increase efficiency of resolution, in the event your arbitration involves Claims similar to those presented by at least 10 other customers represented by the same lawyers as you or lawyers who are or have coordinated, whether formally or informally, with yours (“Related Cases”), this provision governing batch arbitrations will apply. Counsel for you and other customers and counsel for us shall each promptly select a number of cases, not to exceed ten, among the Related Cases that shall be submitted and resolved in individual arbitrations (“the first batch”). The remaining cases among the Related Cases shall not be filed in arbitration until all of the cases in the first batch have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of all of the cases in the first batch, each side may select a number of cases, not to exceed ten, among the Related Cases that shall be submitted and resolved in individual arbitrations (“the second batch”). This batching process shall continue until the parties resolve all of the Related Cases, either through settlement or arbitration. If you are not permitted to submit your Claim to arbitration as a result of this Batch Arbitration provision, the Limitations Period shall remain tolled until the date on which you are permitted to submit your Claim hereunder. A court will have exclusive authority to enjoin the improper mass filing of arbitration demands against us or otherwise enforce compliance with the Dispute Resolution and Batch Arbitration provisions. You agree that in the event mass arbitrations are filed in contravention of this provision, injunctive relief is necessary and appropriate.
18.7 Arbitrator’s Powers
The arbitrator will apply applicable law and the provisions of this Dispute Resolution Process, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Except as otherwise specified in this Arbitration Agreement section, the arbitrator has the same authority to award relief on an individual basis (including injunctive and declaratory relief or statutory damages) as a court of law. However, the arbitrator will not have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitration award shall be binding only among the parties thereto and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator’s decision is final and binding on you and us. You understand and acknowledge that court review of an arbitration award is limited.
18.8 Small Claims Court
If a Claim is within the jurisdiction of a small claims court, either you or us may choose to take the Claim to that court instead of arbitration as follows: (a) a party may file the party’s Claims in small claims court without first filing in arbitration; (b) after a case is filed in arbitration, but before an arbitrator is formally appointed to the case by the arbitral forum, a party can send a written notice to the opposing party and the arbitral forum that the party wants the case decided by a small claims court. After receiving this notice, the arbitral forum will administratively close the case; or (c) after the arbitrator is appointed, if a party wants to take the case to small claims court and notifies the opposing party and the arbitral forum, it is up to the arbitrator to determine if the case should be decided in arbitration or if the arbitration case should be closed and the dispute decided in small claims court.
18.9 Severability
If any provision of the agreement to arbitrate is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced; provided, however, that if (a) the provision above prohibiting class-wide, collective, consolidated, private attorney-general, or other group arbitration is deemed invalid as to any Claim by you, then this entire arbitration agreement shall be null and void and shall not apply to that dispute, which shall be resolved in a judicial proceeding in federal or state court of competent jurisdiction or, as applicable, a small claims court; or (b) if the bar on requests for a public injunction is deemed unenforceable for any reason, then the public injunctive relief Claim will be decided by a court and the parties will ask the court to stay that Claim until the other Claims have been finally concluded in an individual arbitration.
YOU AND WE UNDERSTAND AND AGREE THAT, BECAUSE OF THIS PROVISION, NEITHER YOU NOR US WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED ABOVE OR TO HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.
18.10 Governing Law
All matters relating to your purchase of any products or services sold or distributed by us, the use of the Site and our mobile apps (where relevant), our Terms and Privacy Policy and practices, and any dispute or Claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws principles.
18.11 Waivers and Limitations
Regardless of any statute or law to the contrary, all Claims must commence within one (1) year after such Claim arose or be forever barred.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to support@haloboard.com.