This User Agreement, the User Privacy Notice, the Mobile Devices Terms, and all policies posted on our sites set out the terms on which Alternative Vibes offers you access to and use of our sites, services, applications and tools (collectively “Services”). You can find an overview of our policies here. All policies, the Mobile Devices Terms, and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.
The entity you are contracting with is Alternative Vibes 611 S. 8th Street Unit 277 Dundee, IL 60118. In this User Agreement, these entities are individually and collectively referred to as “Alternative Vibes,” “we,” or “us.”
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”)). Unless you opt out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
II. About Alternative Vibes
Alternative Vibes is a Limited Liability Company that specializes in distributing products derived from organic industrial hemp. Our goal is to promote a healthier and more fulfilling quality of life for our customers through compassionate consultation and education, volunteer outreach, and internal fundraisers. Alternative Vibes is there for our customers, bringing a quality of living to life.
- In connection with using or accessing the Services you will not:
- Post, list or upload content or items in inappropriate categories or areas on our site;
- Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- Use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our site or services;
- Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Alternative Vibes;
- Interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Alternative Vibes. Some but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Alternative Vibes or someone else;
- Infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
- Commercialize any Alternative Vibes application or any information or software associated with such application, except with the prior express permission of Alternative Vibes;
- Harvest or otherwise collect information about users without their consent; or
- Circumvent any technical measures we use to provide the Services.
We reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
The name “Alternative Vibes” and other Alternative Vibes marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Alternative Vibes in the U.S. They may not be used without the express written prior permission of Alternative Vibes. A non-exhaustive list of our trademarks and the policy governing their use is available here from our corporate office.
IV. Authorization to Contact You; Recording Calls
Alternative Vibes may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Alternative Vibes may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. As described in our User Privacy Notice, Alternative Vibes may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may explicitly inform us of such
Alternative Vibes may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Alternative to carry out the purposes we have identified above.
Alternative Vibes may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Alternative Vibes or its agents for quality control and training purposes, or for its own protection.
VI. Additional Terms
Returns and Cancellations
Returns will not be accepted unless purchaser can show that the item was damaged during transportation, prior to receipt and opening of the shipping package. Insofar as the purchaser can prove that the item(s) were damaged during shipping, Alternative Vibes will send replacement item(s) to the purchaser.
When a purchase is cancelled prior to the item(s) being shipped, a refund or a credit will be provided to the purchaser within three (3) business days.
When as purchase is cancelled after the item(s) that were purchased have been shipped, the purchaser is responsible for all return shipping costs associated with the return of the item(s) to Alternative Vibes. The purchaser will receive for the returned items within three (3) business days after the items have been received undamaged and/or unopened by Alternative Vibes.
All packages distributed by Alternative Vibes will arrive via one of the following couriers:
USPS Priority Mail
Please allow 7-10 business days for delivery.
Disclaimer of Warranties; Limitation of Liability
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- The content you provide (directly or indirectly) using the Services;
- Your use of or your inability to use our Services;
- Pricing, shipping, format, or other guidance provided by Alternative Vibes;
- Delays or disruptions in our Services;
- Viruses or other malicious software obtained by accessing or linking to our Services;
- Glitches, bugs, errors, or inaccuracies of any kind in our Services;
- Damage to your hardware device from the use of any Alternative Vibes Service;
- The content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of one thousand ($1,000.00) dollars or a full refund of the products that were purchased from Alternative Vibes.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Alternative Vibes’ Services or your breach of any law or the rights of a third party.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ALTERNATIVE VIBES HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Alternative Vibes agree that any claim or dispute at law or equity that has arisen, or may arise, between us relating in any way to or arising out of this or previous versions of the Alternative Vibes User Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Illinois, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Alternative Vibes, except as otherwise stated in the User Agreement.
Agreement to Arbitrate
You and Alternative Vibes each agree that any and all disputes or claims that have arisen, or may arise, between you and Alternative Vibes relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Alternative Vibes’s Services, or any products or services sold, offered, or purchased through Alternative Vibes’ Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND ALTERNATIVE VIBES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND ALTERNATIVE VIBES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Alternative Vibes’ right to appeal the court’s decision. All other claims will be arbitrated.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). You may download a form Notice here. The Notice to Alternative Vibes should be sent to Alternative Vibes Corporate Counsel c/o The Miner Firm 28 Rolling Hills Drive, Barrington Hills, Illinois 60010.
Alternative Vibes will send any Notice to you to the physical address we have on file associated with your account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Alternative Vibes are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Alternative Vibes may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Alternative Vibes at the following address: 611 S. 8th Unit 277 Dundee, Illinois 60118. In the event Alternative Vibes initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your account. Any settlement offer made by you or Alternative Vibes shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $1,000.00 or less, you or Alternative Vibes may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Alternative Vibes subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Alternative Vibes may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Alternative Vibes user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $500.00 or less, at your request, Alternative Vibes will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Alternative Vibes should be submitted by mail to the AAA along with your Demand for Arbitration and Alternative Vibes will make arrangements to pay all necessary fees directly to the AAA. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Alternative Vibes for all fees associated with the arbitration paid by Alternative Vibes on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
IF YOU CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO ALTERNATIVE VIBES CORPORATE COUNSEL C/O THE MINER FIRM 28 ROLLING HILLS DRIVE, BARRINGTON HILLS, ILLINOIS 60010.
For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the Alternative Vibes account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Alternative Vibes prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Alternative Vibes. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.alternativevibes.com at least 30 days before the effective date of the amendments and by providing notice by email and/or regular U.S. Mail. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Alternative Vibes must be resolved exclusively by a state or federal court located in Chicago, Illinois. You and Alternative Vibes agree to submit to the personal jurisdiction of the courts located within Chicago, Illinois for the purpose of litigating all such claims or disputes.
Alternative Vibes is located at 611 S. 8th St. Unit 277 Dundee, Illinois 60118
Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.AlternativeVibes.com.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.alternativevibes.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you through by email and/or regular U.S. Mail. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an Alternative Vibes representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Alternative Vibes site.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement, the User Privacy Notice, and all polices posted through our Services set forth the entire understanding and agreement between you and Alternative Vibes, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.