Terms of Service
Terms Of Service
LAST UPDATED OCTOBER 21, 2017
THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT” OR “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND ILLEST BOOM BOX, LLC. (“WE”, “Illest Boom Box”, THE “COMPANY”), THE OWNER AND OPERATOR OF THE WWW.ILLESTBOOMBOX.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND APPLICATION OF ALL SERVICES, FEATURES, CREDITS AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE AND/OR APPLICATIONS (COLLECTIVELY, WITH THE SITE, THE “SERVICES”), AND YOUR PURCHASE OF THE MEMBERSHIPS AND PRODUCTS SOLD THROUGH OUR SERVICES. BY ACCESSING AND USING ANY OF THE SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, ILLEST BOOM BOX.
By signing up for a Membership (as defined below), you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless Illest Boom Box if your child breaches or disaffirms any term or condition of this Agreement.
1 - Pricing
Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on Illest Boom Box’s then-current pricing page located on the Site at: http://www.illestboombox.com. The price that we will charge you for the Products and Memberships will be the price as posted on the Site on the date you first sign-up for a Membership to the Site. Illest Boom Box reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
2 - Renewal Policy
IMPORTANT NOTICE TO CONSUMER: BI-MONTHLY MEMBERSHIP RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EVERY OTHER MONTH. Illest Boom Box will automatically renew your Membership on each bi-monthly anniversary date of the Membership and, as authorized by you by clicking "Place my order", demonstrating your consent for automatic monthly renewal of your Membership during the sign-up process, we will charge your Payment Method with the applicable Membership fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Membership fee payments. Each Membership renewal period is for two months.
3 - Cancellation Policy
MEMBERSHIP CANCELLATION. You may cancel your Membership at any time by logging on to your account page within IllestBoomBox.com. To cancel a membership, please log in to your account on the Site and select the "membership options" link at the bottom of the page, then follow instructions towards cancellation. Cancellation requests submitted in this manner (via your account page on the IllestBoomBox.com website) must be received at least one full calendar day prior to your next shipping date to avoid being charged for that shipment. Cancellation requests received after that shall take effect the following month. Cancellation requests received by Illest Boom Box through other channels may take up to five (5) days to process. If you have any problems, please email email@example.com. Illest Boom Box requires a reasonable amount of time to process your Membership cancellation request. If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term, and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term.
4 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW 4.1 – Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with Illest Boom Box and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Informal Resolution. Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at firstname.lastname@example.org. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 4.1 govern dispute resolution between us.
- Applicability of Arbitration Agreement. All claims and disputes in connection with the Agreement or the use of any product or service provided by Illest Boom Box that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Illest Boom Box, and to any of Illest Boom Box's licensors, suppliers, dealers or third party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement.
- Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Illest Boom Box, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Illest Boom Box.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Illest Boom Box in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ILLEST BOOM BOX WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Los Angeles County, California.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Illest Boom Box, Attn: Legal Department, 17216 Saticoy Street #189, Van Nuys, CA 91406 within 30 days of purchasing a Membership. If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to subparagraph xii below. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Illest Boom Box.
- Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Illest Boom Box makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to the Illest Boom Box.
- Small Claims Court. Notwithstanding this section 10, either you or Illest Boom Box may bring an individual action in small claims court. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court (except for actions brought in small claims court), the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for such purpose.
5 - Choice of Law
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to its conflicts of laws rules. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
6 - Return Policy
ALL SALES ARE FINAL. NO RETURNS OR EXCHANGES. Returns/Exchanges are only accepted for any of these occurrences:
- Received incorrect or defective item(s).
- Did not receive ordered item(s).
You must contact us within 10 days of delivery date. We Do Not refund shipping and handling. A 15% Re-Stocking fee will charged for all returns. All returns/exchanges are subject to approval.
If you have any questions or concerns, feel free to contact us.
Customer Service Hours:
Monday - Thursday, 10AM - 6PM | Friday, 10AM - 3PM PT
Phone: (650) 342-3282
ILLEST HQ (The Paddock)