Terms of Service
TERMS OF SERVICE
OVERVIEW
This website is operated by Hoplark, LLC (“HopTea”). Throughout the site, the terms “we”, “us” and “our” refer to HopTea. HopTea offers this website (https://hoplark.com/) and any other websites or digital properties that we directly link to these Terms (defined below), including all information, tools and services made available to you (collectively, the “Website”). These terms of service (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink and incorporated into this apply to your (“you” or “your”) use of the Website.
IMPORTANT NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. SECTION 21 (CHOICE OF LAW AND DISPUTE RESOLUTION) CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR RIGHTS TO BRING DISPUTES IN CONNECTION WITH THESE TERMS AND CONDITIONS.
SECTION 1 - ACCEPTANCE
Please read these Terms of Service carefully before accessing or using our website or purchasing any of our products. 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. Your failure to comply with these Terms of Service may result in the suspension or termination of your access to the Website and may subject you to civil and criminal penalties.
When you make a purchase through our website or use other services offered through the site that expressly require the acceptance of additional terms ("Additional Terms"), such Additional Terms shall be incorporated into these Terms of Service. In the event of any conflict between these Terms of Service and Additional Terms, the Additional Terms shall control unless expressly stated otherwise.
SECTION 2 – CHANGES
Any new features or tools which are added to the current Website 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. All changes are effective immediately when we post them unless we expressly specify otherwise. In any event, no changes will apply retroactively as to any claims existing prior to the date of change. It is your responsibility to check this page periodically for changes. If there are material changes to these Terms of Service, we may also reserve the right to provide notice of said changes via email or other communication channel. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 3 - ONLINE STORE; ELIGIBILITY
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.
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.
SECTION 4 - GENERAL CONDITIONS
We reserve the right to refuse to provide any Service to anyone for any reason at any time.
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.
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.
SECTION 5 - 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.
SECTION 6 - 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.
SECTION 7 - PRODUCTS OR SERVICES (if applicable)
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, refund or exchange only according to our Refund 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 anytime 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 8 – MEMBERSHIP AND SUBSCRIPTIONS; CANCELLATION
Memberships. We offer different purchasing options through our website. Options include subscription plans (each a “Membership”) and one-time purchases. For more information about our Memberships, including pricing and associated benefits, please visit the Member Program page on our website. When you register for a membership, you expressly acknowledge and agree that we, or our third-party payment processor, are authorized to charge you on a monthly or annual basis (depending on which Membership you choose) for your Membership, plus any taxes and other applicable charges, for as long as your Membership continues. If you have a monthly Membership (as designated on our Member Program page), you will be charged the full monthly amount once during each month of your Membership. If you have an annual Membership (as designated on our Member Program page), you will be charged the full annual amount once during each year of your Membership.
Cancellation. Your Membership is continuous until you cancel it or we suspend or stop providing access to the Service in accordance with these Terms of Service. You may cancel your Membership or change the date of your next delivery at any time by logging in to your account, selecting “Manage Subscriptions,” and choosing to either Cancel or Edit. All Membership fees you have paid as of the date of cancellation are non-refundable, regardless of how much time is left in your subscription term.
SECTION 9 - 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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 10 - 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.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 11 - THIRD-PARTY LINKS, COOKIES, AND THIRD-PARTY TECHNOLOGIES
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. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Our Website also incorporates the use of third-party technologies, including cookies and other tracking technologies to enhance user experience and to analyze performance and traffic on our website ("Cookies"). Cookies and related information collected about your use of our website may be shared with our social media, advertising, and analytics partners. You may manage your preferences for certain non-essential Cookies through our Cookie Settings found on our homepage. For more information about our use of Cookies and how we may share information with third parties, please see our Privacy Policy.
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. 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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 13 - PERSONAL INFORMATION
Personal information shall be processed by us in connection with your use of the Website as provided in our Privacy Policy[DUS1] .
SECTION 14 - 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).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - 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 any individual 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 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU UNDERSTAND THAT OUR WEBSITE AN ALL CONTENT RELATED THERETO IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE, OUR, ITS EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE “HOPTEA PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS AND/OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (I) THE WEBSITE; (II) OUR CONTENT; (III) CONTENT; (IV) ANY PRODUCTS OR SERVICES OFFERED OR REFERENCED ON ANY WEBSITE; OR (V) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE HOPTEA PARTIES OR VIA THE WEBSITE. IN ADDITION, THE HOPTEA PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, THAT WEBSITE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES OUR WEBSITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, AND FREEDOM FROM VIRUS. THE HOPTEA PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF ANY WEBSITE, THAT YOUR USE IS DONE AT YOUR SOLE RISK. THE HOPTEA PARTIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE HOPTEA PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.
B. LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING THE WEBSITES OR VISITING THE BREWERY IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU HEREBY RELEASE THE HOPTEA PARTIES AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, HOPTEA PARTIES DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE. IN NO EVENT WILL THE HOPTEA PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE HOPTEA PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WITH RESPECT TO ANY OTHER DAMAGES THAT MAY BE AVAILABLE, EXCEPT AS OTHERWISE PROHIBITED UNDER APPLICABLE LAW, THE HOPTEA PARTIES’ LIABILITY SHALL NOT EXCEED THE AMOUNTS RECEIVED BY THE HOPTEA PARTIES FROM YOU IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER LIABILITY, IN WHICH CASE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless the HopTea Parties from any and all liabilities, losses, damages, suits, penalties, fines, costs, claims, expenses, or demand, including reasonable attorneys' fees, in connection with or arising out of: (i) your violation of these Terms and Conditions; (ii) your violation of any third-party right including (but not limited to) any copyright, trademark, trade secret, or privacy right; (iii) any misrepresentation made by you; (iv) your Content; (v) your interactions with any other Website users; (vi) your violation of applicable law; and (vii) our use of Content and other information you provide to us. You agree to promptly notify us and to cooperate fully in the defense of any claim. We reserve the right to assume the exclusive defense and control of any claim indemnified under this section by you.
SECTION 18 - 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 19 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service 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 these Terms of Service 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 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - DISPUTE RESOLUTION AND GOVERNING LAW
Disputes. The terms of this Section 21 shall apply to all Disputes between you and HopTea. For the purposes of this Section, “Dispute” shall mean any dispute, claim, controversy or action between you and HopTea arising under or relating to your use of the Services, these Terms of Service, or any other transaction involving you and HopTea, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND HOPTEA AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS OF SERVICE SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY HOPTEA FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; (4) TRADEMARK INFRINGEMENT OR DILUTION; OR (5) ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS APPROPRIATE IN THE SOLE DISCRETION OF HOPTEA.
Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to HopTea at Contact Us within thirty (30) calendar days of your initial agreement to these Terms of Service (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms of Service shall continue to apply.
Dispute Notice. In the event of a Dispute, you or HopTea must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to HopTea must be addressed to Hoplark, Inc., #1186, 1601 29th St. Suite 1292, Boulder, CO 80301 (“HopTea Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If HopTea and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or HopTea may proceed to binding arbitration. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference.
Binding Arbitration. In the event the informal dispute resolution conference is unsuccessful, you and HopTea agree: (1) to arbitrate all Disputes between you and HopTea pursuant to the provision of these Terms of Service; (2) these Terms of Service memorialize a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination of these Terms of Service.
Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND HOPTEA AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND HOPTEA AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
MASS ACTION WAIVER. You and HopTea agree that any Dispute between you shall be resolved only in an individual arbitration pursuant to this Section. You and HopTea expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action to award relief to anyone but the individual in arbitration, unless otherwise provided in this section. “Mass Action” includes instances in which you or HopTea are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or HopTea’s behalf, and the law firm or collection of law firms seek to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this section, nothing prevents you or HopTea from participating in a mass settlement of claims.
Special Master Appointment. In the event there is a dispute concerning the Mass Action Waiver, the parties agree to resolve such dispute before a Special Master appointed by the arbitration provider and agreed to between the parties. The Special Master shall have authority to resolve disputes concerning: (i) filing fees owed with respect to any Mass Action; (ii) any dispute regarding whether this arbitration agreement has been followed; (iii) whether claimants are barred from proceeding with a Mass Action; (iv) any dispute relating to the representation of the same claimant by multiple law firms; (v) any dispute regarding discovery common to all claims; and (vi) any disputes regarding legal or factual issues common to all claims. If the Special Master determines you violated the Mass Action Waiver, either party shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator’s decision. You may opt-out of arbitration by providing a written notice help@hoplark.com. HopTea may opt-out of arbitration by sending written notice of its intention to the arbitration provider and to you or your attorney, agent, or representative. For the avoidance of doubt, the ability to opt-out of arbitration at this stage in the proceedings only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree to the batching procedures below.
Batching. After proceedings before the Special Master have concluded, and to the extent any Mass Actions are permitted to proceed, the parties agree that Mass Actions will be batched into groups of no more than 200 demands per batch by state of residence (with any remaining demands batched into a single group). The parties shall inform the arbitrator of the batches and their composition within 14 calendar days of the conclusion of proceedings before the Special Master. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration.
Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (AAA) and be governed by the applicable AAA rules to the Dispute; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA rules and the rules set forth in these Terms of Service, the rules set forth in these Terms of Service shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms of Service. The arbitrator, and not any federal, state, provincial, territorial, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Hearing Format. Unless otherwise agreed, the arbitration shall take place in Denver, Colorado[DUS2] , but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by HopTea or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or HopTea is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
Arbitration Fees. Solely to the extent required by applicable law, HopTea will pay, or (if applicable) reimburse you, AAA filing, administration, and arbitration fees for any arbitration commenced by you or HopTea pursuant to these Terms of Service, and outside of what is legally required to be paid by HopTea, you are responsible for all costs that you incur in the arbitration, including, without limitation, fees for attorneys or expert witnesses.
Amendments to this Section. Notwithstanding any provision in these Terms of Service to the contrary, you and HopTea agree that if HopTea makes any material amendments to the dispute resolution procedure and class action waiver provisions in these Terms of Service, HopTea will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the HopTea Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these Terms of Service, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms of Service remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms of Service.
Exclusive Venue for Other Controversies. HopTea and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located in Denver, Colorado[DUS3] , and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Colorado without regards to any conflict of law principals.
SECTION 22 - CONTACT INFORMATION; CALIFORNIA NOTICE
Questions about the Terms of Service should be sent to us at help@hoplark.com.
California Users and Residents. Pursuant to California Civil Code Section 1789.3, questions about pricing, complaints, or inquiries must be addressed to Our agent for notice and sent via certified mail to: Hoplark, Inc., #1186, 1601 29th St. Suite 1292, Boulder, CO 80301. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.SECTION 23 - SMS Terms.
By enrolling in or using our SMS service, you agree to these SMS Terms. We may change or discontinue the service or its features at any time without notice. Continued use after any change to these SMS Terms means you accept them. By opting in, you agree to receive recurring SMS/text messages from or on behalf of Hoplark at the number you provided. Messages may be sent using an automatic dialing system or other automated technology and are powered by Recharge, Inc. Messages may include transactional (e.g., order updates, account alerts) and promotional content (e.g., special offers, product launches, cart reminders). Your consent is not required to make a purchase. Participation is voluntary. Message frequency may vary. Standard message and data rates may apply; check with your carrier for details. To opt out, reply "STOP" to any message. For help, contact us at orders@hoplark.com. Hoplark is not responsible for delayed or undelivered messages. Carriers are not liable for message delays or failures. If your mobile number changes, you must re-enroll to continue receiving messages. If your number is on a Do Not Call registry, your consent still allows us to message you, as permitted by law. For details on how we collect, use, and protect your data, see our [Privacy Policy](https://hoplark.com/pages/privacy-policy).
In addition, our Messaging Terms hyperlinked below are incorporated herein as Additional Terms.