Last updated August 19, 2021
Welcome to Playback! These Terms of Service (“Terms”) govern your use of the Playback website, www.letsplayback.com (the “Site”), any Playback mobile application (the “App” and together with the Site, the “Platform”), and any features, content, products and other services offered by Playback (collectively, the “Services”). THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS, PROHIBITS CLASS ACTION CLAIMS, AND SECTION 18 AND SECTION 22 LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
You agree that by placing an order on the Platform and agreeing to these Terms, you are entering into a binding contract with Playback and agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
If you have any questions about these Terms or need assistance, we encourage you to review our Frequently Asked Questions (“FAQs”) or contact our team at [email protected] or visit our Contact Us page for other ways to connect with us.
SECTION 1: Use of Services
You may use the Services only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Services and are responsible for the consequences of such communications. Any other use of the Services requires the prior written consent of Playback. You may not otherwise copy, modify, or distribute the contents of the Services without the prior written consent of Playback. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Services, in whole or in part.
You may not use the Services for any of the following purposes:
Posting, communicating or transmitting any material that infringes on any intellectual property, publicity, or privacy right of another person or entity;
Engaging in any harassing, threatening, intimidating, predatory, or stalking conduct;
Posting any information which is untrue, inaccurate, or not your own;
Using or attempting to use another user’s account without authorization from such user and Playback;
SECTION 2: Modifications of Service or Terms; Errors
Playback reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order was submitted and accepted). In the event that a product sold is mistakenly listed at an incorrect price or an incorrect amount is charged to your payment card, Playback reserves the right to refuse or cancel any orders placed for the product, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, Playback shall issue a credit to your payment method account.
SECTION 3: Pricing and Savings
Prices for Services and any products made available through the Services are subject to change without notice.
Savings are based on retail prices provided by vendors
SECTION 4: Your Consent to Receive Emails, Text Messages & Other Communications
You expressly consent to receive and accept communications from Playback, including via e-mail, push notifications, text messages (together, “Communications”) or other comparable means at any of the e-mail addresses and/or telephone numbers you provide. You agree that we may send such Communications for any transactional, customer service, orders, or other account- or order-related matters, and, as applicable, for advertising, marketing or promotional purposes or other purposes you requested or consented to (i.e. out of stock reminders). The messaging frequency will vary. If you consent to receive marketing-related text messages, YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE MARKETING TEXT MESSAGES AS A CONDITION OF PURCHASING ANY GOODS OR SERVICES. IF YOU WISH TO OPT OUT OF PLAYBACK MARKETING COMMUNICATIONS OR TEXT MESSAGES FROM US, YOU AGREE TO OPT OUT BY FOLLOWING ANY UNSUBSCRIBE INSTRUCTIONS PROVIDED TO YOU IN THOSE COMMUNICATIONS. EVEN IF YOU OPT OUT OF MARKETING COMMUNICATIONS OR TEXT MESSAGES, WE MAY STILL SEND YOU OTHER ESSENTIAL COMMUNICATIONS DIRECTLY RELATED TO YOUR ACCOUNT OR ORDERS. In response to our text messages, you may Reply HELP for help. Reply STOP to unsubscribe. Standard text messaging and data charges will apply to text messages we may send.
Section 5 - Promotions, Offers and Gift Cards
From time to time, we may provide promotions or offers for qualified customers (“Promotions”). Such promotions may be subject to separate terms and conditions. In addition, for some products and services exclusions may apply. All Promotions are valid through their stated expiration dates, may be limited to specific quantities, are valid while supplies last, are limited to quantities on hand, are limited to one per customer, are not applicable towards the purchase of gift cards, and may not apply to certain merchandise. Any required spend amount refers to the purchase price of eligible products and does not include tax.
Certain exclusions or other restrictions may be determined and communicated by Playback in its sole discretion. No substitutions or cash redemption is available. Playback reserves the right to make the final decision with respect to any redemption or fulfillment of any Promotion in its sole discretion. You agree to abide by the terms and conditions of any Promotion and acknowledge that circumvention of the terms and conditions of any such Promotion is an unauthorized or fraudulent act. You will be liable for damages caused by any such unauthorized or fraudulent act, and Playback reserves the right to charge the payment method in your account an amount equal to such damages. All Promotions are subject to cancellation or modification at any time.
Playback eGift Card (also known as an "eGift" or “Gift Card”) program allows a person (“gifter”) to purchase and send a virtual Playback Gift Card to another person (“recipient”). You may choose to gift shopping credits to be used on the Platform and can complete your purchase using a credit card, debit card, or other electronic payment methods. Your eGift will be delivered the same day to the recipient, provided that your payment form is approved, or at a future date chosen by the gifter. All eGift recipients must have a valid credit card or PayPal account to redeem their gift. For privacy reasons, we’re unable to notify the gifter if a recipient has received or redeemed their eGift; however, we encourage gifters to check with recipients directly. The value of eGifts are not transferable to another payment method.
Section 6: Orders For Alcoholic Beverages
You must be, and you must represent, warrant, and certify that you are, at least 21 years of age, to purchase any alcoholic beverages.
Ordering Alcohol Beverages on Playback. Playback serves only as a third-party marketer and is not, nor does it represent or warrant that it is, a licensed producer, distributor, or retailer of alcoholic beverages. All orders of alcoholic beverages are made to, accepted by, processed by, and fulfilled by a third-party alcoholic beverage licensed vendor or supplier (“Licensed Vendor”). The alcoholic beverage portion of any order is subject to review by such Licensed Vendor(s) and may be rejected for any reason. Each applicable Licensed Vendor will be responsible for fulfilling its order requests, including without limitation receipt of the purchase price, shipping, returns, refunds, and the payment of any applicable marketing fees.
Eligibility. You represent and warrant that you are at least twenty-one (21) years of age. In no event shall anyone under the age of twenty-one (21) years of age use the Company Sites. You may never do any of the foregoing restricted activities for the benefit of any ineligible third party. The Company hereby notifies you that parental control protections (e.g. computer software, filtering services, etc.) are commercially available and may be used to assist with limiting access to the Company Sites to minors. We may refuse to register any person or service any order at any time, at our sole discretion.
Shipping & Deliveries. All orders are shipped by the applicable Licensed Retailers. Title to such alcohol and related products and risk of loss passes from the applicable Licensed Retailer to you upon the shipment of your order by the Licensed Retailer. The terms of shipping may vary from order to order. You will be notified at the point of purchase as to the applicable shipping charges and taxes, which you are responsible for paying, that are applied to your particular individual order or to your shipments. The remittance of any and all federal, state, sales use and excise taxes will be paid by the applicable Licensed Retailer related to such orders. The Licensed Retailers do not ship to states, counties or cities where shipping alcohol is prohibited by law. Our Licensed Retailers currently ship to the following states: AZ, CA (offer may vary), CO, CT, FL, GA, IA, ID, IL, IN (limited delivery area), KS, LA, MA, MD, ME, MI, MN, MO, MT, NC, ND, NE, NH, NJ (offer may vary), NM, NV, NY, OH, OK, OR (not eligible for free gift), PA, SC, SD (offer may vary), TN, TX (voucher not required), VA, VT, WA, WI, WV, WY and to the District of Columbia (DC). Product availability and limitations on orders vary by state. Proof that you are twenty-one (21) years of age will be required upon delivery.
SECTION 7: Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on the Services is not accurate, complete, or current.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Services are subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Services.
Section 8: Accuracy of Billing and Account Information
When you purchase any product or service made available through the Services (each such purchase, a "Transaction"), you agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account and other information, including your email address and credit card account information, expiration dates and shipping address, so that we can complete your Transactions and contact you as needed.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Section 9: Additional Terms and Conditions; Risk of Loss; Return Policy
Additional Terms & Conditions
You agree that additional terms and conditions may apply to specific products, orders, or use of certain portions of the Services, including with respect to ordering and shipping policies, review guidelines, Returns Policy, and refer-a-friend programs (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
Risk of Loss
All purchases of physical items from Playback are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier (i.e delivery services, such as Federal Express, USPS, etc).
As an online market, we rely on shipping to service customers and we accept returns of any item within 30 days. Please review our full Returns Policy
Section 10: Optional Tools or Links
We may provide you with access to third-party tools or links over which we neither monitor nor have any control or 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. Any use of optional tools or links is entirely at your own risk and discretion, and we shall have no liability whatsoever arising from or relating to your use of such optional third-party tools.
Section 11: User Comments, Feedback, and other Submissions
You agree that: (i) your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right; and (ii) we disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You are responsible for all Comments you contribute in any manner to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute them. You are responsible for all your activity in connection with the Services, and you agree that we may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Section 12: Services Not for Minors
The Services are not targeted toward or intended for use by anyone under the age of 16. By agreeing to these Terms, you represent that you (a) are 16 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
Section 13: Copyright Infringement
If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Playback’s Designated Agent, whose contact details are listed as follows: Playback - Amita Goyal, PO Box 4493, Jersey City, NJ 07304:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Contact information about the notifier including address, telephone number, and email address
A statement that the notifier has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon receipt of a proper notice of copyright infringement, we reserve the right to:
remove or disable access to the infringing material;
notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
terminate such content provider's access to the Services if he or she is a repeat offender.
Section 14: Personal Information
Section 15: Disclaimer
Any information provided by us regarding the products or otherwise (e.g. product descriptions, promotional videos, blog posts, or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Services. Use of the Services is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts, and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
YOU SHOULD ALWAYS SPEAK WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL, OR HOMEOPATHIC SUPPLEMENT OR EVEN CERTAIN FOODS. Playback does not warrant and shall have no liability for information provided in the Services regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific nutrients or products have not been evaluated by the FDA. Dietary supplements are not intended to diagnose, treat, cure or prevent disease.
Section 16: Taxes
Your total price will include the price of the product plus any applicable sales tax; such state and local sales taxes are based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where goods sold over the Internet are taxable.
Section 17: Prohibited Uses
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Services 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 Services 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; (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet; or (l) in a manner inconsistent with, or in violation of, these Terms. We reserve the right to terminate your use of the Services or any related website for any reason, in our sole discretion and with or without notice to you.
Section 18: Disclaimer of Warranties; Limitation of Liability
Playback attempts to display information on the Services as accurately as possible. However, Playback does not guarantee or make any representations or warranties concerning any content contained in or accessed on 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 make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT (ii) ANY WARRANTIES THAT ARISE FROM TRADE USAGE, OR (iii) THAT THE 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. EXCEPT IN CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF Playback, 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 Playback BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR 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, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM PLAYBACK, OR FROM EVENTS BEYOND PLAYBACK’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PLAYBCK’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PLAYBACK ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS OR EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO PLAYBACK IN CONNECTION WITH THE SERVICES IN THE PRECEDING TWELVE (12) MONTH PERIOD. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE PLAYBACK’S SOLE LIABILITY AND OBLIGATION, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
Section 19: Indemnification
You agree to indemnify and hold Playback and its affiliates, directors, 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 illegal use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, (c) your posting of any defamatory or infringing content on the Site or App, and (d) your violation of any third-party rights in connection with your use of the Services. 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).
Section 20: Assignment
Section 21: Termination
The obligations and liabilities incurred prior to the termination of your Account or use of our Services shall survive the termination of these Terms for all purposes. Account termination may result in deletion of any content associated with your account, so keep that in mind before you decide to terminate your use of the Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate your Account and access to the Services at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
Section 22 – Dispute Resolution and Arbitration Agreement
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PLAYBACK AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings arising out of or related to these Terms, the Services or products sold on the Services, or to your relationship with Playback (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Playback agree (a) to waive your and Playback’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services, content or products, resolved in a court, and (b) to waive your and Playback’s respective rights to a jury trial. Instead, you and Playback agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions: You and Playback agree that any Dispute arising out of or related to these Terms, the Services or products sold on the Services is personal to you and Playback and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of consolidated or representative proceeding. Playback and you further agree to not participate in any class, consolidated or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party. These limitations and waiver of class, consolidated, or representative proceedings shall apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Playback, and shall survive any termination of your account or the Services.
If it is determined that the limitations and waiver of class, consolidated, or representative proceedings set forth in this section title are void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the Disputes will not be subject to arbitration and must be litigated in federal court located in New Jersey.
If any other clause in the limitations and waiver of class, consolidated, or representative proceedings set forth in this section title are found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
Notice; Informal Dispute Resolution
You and Playback agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within six (6) months of (i) the date it arises or (ii) the date they knew or should have known, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Playback shall be sent by certified mail, courier or email to Playback, Inc., Attn: Amita Goyal, PO Box 4493, Jersey City, NJ 07304 or to [email protected]. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Playback account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically. If you and Playback cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Playback may, as appropriate and in accordance with this Section, commence an arbitration proceeding or, to the extent specifically provided for above, file a claim in court.
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, YOU AND Playback AGREE THAT ANY ARBITRABLE DISPUTE MUST BE COMMENCED OR FILED BY YOU OR Playback WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND Playback WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).
You and Playback agree that any arbitration will be conducted confidentially in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The arbitration will be conducted via telephonic/video hearing in a manner consistent with the JAMS rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. The parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Hudson County, NJ, to enter judgment upon any award.
As limited by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. And, the arbitrator's decision or award in one person's or entity's case can only impact the person or entity that brought the claim, not other Playback users, and cannot be used to decide other disputes with other users.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Playback will pay the additional cost. Playback shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be frivolous or asserted or conducted for an improper purpose. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney's fees and expert witness costs unless Playback is specifically required to pay such fees under applicable law.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the Terms by writing to: Playback, Inc., Attn: Amita Goyal, PO Box 4493, Jersey City, NJ 07304. The opt out notice must include your full name and email address and clearly indicate your intent to opt out of binding arbitration.
Subject to the section title "No Class Arbitrations, Class Actions or Representative Actions," above, if any part or parts of this Arbitration Agreement in this Section are found to be invalid or unenforceable, 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.
Section 23: Choice of Law and Venue
These Terms and your relationship with Playback are governed by and will be construed under the laws of the State of New Jersey, without regard to the conflicts of laws provisions thereof. Any Disputes arising from or relating to these Terms, the Services or products sold on the Services, or to your relationship with Playback shall be finally settled in arbitration in Hudson County, NJ, in English to the extent required by Section 22. The arbitration will be conducted via telephonic/video hearing in a manner consistent with the JAMS rules. The parties agree to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Hudson County, NJ to resolve any Disputes not subject to arbitration as set forth in Section 22—i.e., those either party seeks to bring as an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property. You and Playback agree that these Terms affect interstate commerce and that the enforceability of Sections 22 and 23 shall be both substantively and procedurally governed by and construed and enforced in accordance with the FAA, to the maximum extent permitted by applicable law.
Section 24 - Miscellaneous
The failure of either you or Playback 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.
Section 25: Contact Us
For questions about our terms and conditions, please contact:
Playback, a product of Delta 4
PO Box 4493, Jersey City, NJ 07304
Attn: Member Services