Terms & Conditions 2
violation of these Terms), in our sole discretion, and without notice.
Do the Services cost anything?
It is currently free to access and browse HotPhoneCases.com.com or any other Services. However, you may choose to purchase products through the Services, and you alone will be responsible for paying the purchase price of any products you buy, in addition to any taxes and shipping costs. HotPhoneCases.com may limit or cancel quantities of products purchased, and it reserves the right to refuse any order. In the event HotPhoneCases.com needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. Prices are subject to change at any time. Due to separate and applicable tax jurisdictions, your purchases may be subject to specific sales, custom or value-added taxes, and the shipping time and associated cost may increase accordingly.
HotPhoneCases.com reserves the right to require payment of fees for certain or all Services, in addition to the fees charged for the purchase of products. You shall pay all such fees, as described on the website in connection with such Services selected by you. HotPhoneCases.com reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
Prices are set by the third-party merchants offering these items for sale, and not by HotPhoneCases.com. The merchants also provide all information in the item listings, including any strike-through prices. HotPhoneCases.com does not represent, warrant, or guarantee that the merchant actually offered or sold the item at the strike-through price.
What if I need to return a purchase?
We want you to be completely satisfied with your purchase on the Services. If for any reason you are unhappy, please contact HotPhoneCases.com support at [email protected]HotPhoneCases.com.com.
You may return all products within 30 days of delivery. You can initiate a return or a refund on items from your Order History page. Simply click on ‘Contact Support’ next to the item you HotPhoneCases.com to request a return or a refund and HotPhoneCases.com Support will be ready to assist.
We aim to process all requests within 72 hours upon receiving. Refunds are issued back to the original form of payment used to purchase the order. Should you have any questions about the status of your refund, your return or your account, please feel free to contact HotPhoneCases.com support at [email protected]HotPhoneCases.com.com. For more information on our Return Policy, visit Return Policy.
If a HotPhoneCases.com promotional credit is applied to an order and that order is refunded for any reason, any promotional credit used in that order will not be refunded.
HotPhoneCases.com cannot refund, reimburse, cover, or otherwise be responsible for any fees not paid to HotPhoneCases.com. This includes any customs taxes or VAT as well as any return shipping costs you may incur in the refund process.
However, the foregoing refund and return terms DO NOT apply to any product you purchase by using HotPhoneCases.com Local. Transactions conducted by using HotPhoneCases.com Local are entirely between you and the other user of HotPhoneCases.com Local.
What if I want to receive HotPhoneCases.com mobile text alerts or opt-out?
If you would like to enroll to receive mobile texts and alerts about HotPhoneCases.com products and services, you may sign up to do so on the checkout page for purchasing a product through HotPhoneCases.com by providing your consent to receive recurring autodialed marketing texts from or on behalf of us at the mobile number you’ve provided to opt-in. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to be removed from the HotPhoneCases.com text list, you can follow the instructions provided in those messages or otherwise reply STOP to any HotPhoneCases.com alert. If you have any questions, you may reply HELP to any HotPhoneCases.com alert or contact customer care at [email protected]HotPhoneCases.com.com.
What if I want to stop using the Services?
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
What else do I need to know?
Neither HotPhoneCases.com nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We(and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered(whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from HotPhoneCases.com or others(unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY HotPhoneCases.com(AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL HotPhoneCases.com (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO HotPhoneCases.com IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, You agree to indemnify and hold HotPhoneCases.com, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without HotPhoneCases.com’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice Of Law & Jurisdiction.
These Terms and your use of the Services will be interpreted in accordance with the law of the State of Texas and the United States of America, without regard to their conflict-of-law provisions. You and HotPhoneCases.com agree to submit to the personal jurisdiction of a state court located in Dallas, Texas or a United States District court, (collectively, the “Dallas Courts”) for any actions which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the HotPhoneCases.com may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and HotPhoneCases.com agree that these Terms are the complete and exclusive statement of the mutual understanding between you and HotPhoneCases.com, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of HotPhoneCases.com, and you do not have any authority of any kind to bind HotPhoneCases.com in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Applications, you and HotPhoneCases.com agree there are no third party beneficiaries intended under these Terms.
Mandatory, Bilateral Arbitration and Waiver of Class Actions.
Please read this carefully. It affects your rights. YOU AND HotPhoneCases.com AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF HotPhoneCases.com, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH HotPhoneCases.com, TO THIS AGREEMENT, OR TO THE CONTENT, AND/OR USER SUBMISSION (PUBLIC, PERSONAL AND/OR LIMITED AUDIENCE) ON HotPhoneCases.com SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or HotPhoneCases.com’s right to seek injunctive or other equitable relief in state or federal court in Dallas to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms & Conditions.
“Disputes” shall include, but are not limited to, any claims or controversies between you and HotPhoneCases.com against each other related in any way to or arising out of in any way from the Service, the Content, User Submission (Public, Personal, and/or Limited Audience), including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and HotPhoneCases.com, even if the claim arises after you or HotPhoneCases.com has terminated Service or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that HotPhoneCases.com brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and HotPhoneCases.com, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with HotPhoneCases.com; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.
Before initiating an arbitration, you and HotPhoneCases.com each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: Ridge Spring Dr, Dallas, TX 75218 or emailed at [email protected]HotPhoneCases.com.com. HotPhoneCases.com will provide a Notice of Dispute to you via the email address associated with your HotPhoneCases.com User ID. You and HotPhoneCases.com agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until this 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or HotPhoneCases.com may commence an arbitration proceeding.
Arbitration Process and Procedure
Unless you and HotPhoneCases.com agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Further, unless both you and HotPhoneCases.com expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND HotPhoneCases.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and HotPhoneCases.com each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court(and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
If your claim does not exceed $5,000, you and HotPhoneCases.com agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and HotPhoneCases.com submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or HotPhoneCases.com, or deemed necessary by the arbitrator, you and HotPhoneCases.com agree that the hearing will be conducted telephonically or videographically.
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed $5,000, HotPhoneCases.com will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).
Small Claims & Government Actions
As an alternative to arbitration, you or HotPhoneCases.com may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against HotPhoneCases.com on your behalf.