MyRegistry LLC terms & conditions

MyRegistry LLC (“MyRegistry,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our online services (the “Services”), which are made available to you through a variety of platforms, including, but not limited to, www.myregistry.com (the “Website”) and our mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” We provide Visitors (as defined below) with access to the Website and Members and Guests (all as defined below) with access to the Services subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas of the Website or by accessing and using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website and/or the Platform. By signing up, accessing, purchasing something from us, and/or using the Platform, each Merchant (as defined below) is agreeing to the terms of our Privacy Policy and the accompanying Merchant Agreement. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools that are added to the website and/or current store shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. DESCRIPTION AND USE OF OUR PLATFORM AND SERVICES

   We provide Visitors with access to the Website and Members and Guests with access to the Services as described below.

   Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; and (ii) e-mail us.

   Members. Login is required for all Members. Members can do all the things that Visitors can do, and: (i) create, access, manage, and update their own personal accounts on the Platform; (ii) create, access, manage, and update their own registry through the Services; (iii) access and use our Services to purchase gifts from other Members registry; or (iv) post comments and other content through the Services (collectively, “Member Content”).

   Guests. Guests, as the term implies, are people who do not register with, but want to use our Services to access, view and/or purchase gifts from a Member’s registry. No login is required for Guests, but a password may be required to view a Member’s registry. Guests can do all the things that Visitors can do.

   Merchants. Login is required for all Merchants. Merchants can do all the things that Visitors can do, and fulfill orders for gifts purchased from a Member’s registry. As noted above, Merchants’ access to and usage of the Platform is governed by the Merchant Agreement.

   MyRegistry is under no obligation to accept any individual as a Member, Guest or Merchant and may accept or reject any registration in its sole and complete discretion. In addition, MyRegistry may deactivate any account at any time, including, without limitation, if it determines that a Member, Guest or Merchant has violated these Terms of Use.

2. GENERAL CONDITIONS

   We reserve the right to refuse 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. Credit card information is always encrypted during transfer over networks. 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.

3. ONLINE STORE TERMS

   By agreeing to these Terms and Conditions, 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.

4. USE OF PERSONAL INFORMATION

   Your use of the Platform may involve the transmission to us of certain Personal Information. Our policies with respect to the collection and use of such Personal Information are governed according to our Privacy Policy (located at https://www.myregistry.com/Info/Privacy.aspx), which is hereby incorporated by reference in its entirety.

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.

6. COMMUNITY GUIDELINES

   MyRegistry’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Platform and/or the Services, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

   • You will comply with all applicable laws in your use of the Platform and/or the Services and will not use the Platform and/or the Services for any unlawful purpose;

   • You will not upload, post, e-mail, transmit, or otherwise make available any content that:

     • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or

     • is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or

     • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.

   • You will not “stalk,” threaten, or otherwise harass another person;

   • You will not spam or use the Platform and/or the Services to engage in any commercial activities;

   • You will not access or use the Platform and/or the Services to collect any market research for a competing business;

   • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

   • You will not interfere with or attempt to interrupt the proper operation of the Platform and/or the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform and/or the Services through hacking, password or data mining, or any other means;

   • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Platform and/or the Services;

   • You will not use any robot, spider, scraper, or other automated means to access the Platform and/or the Services for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;

   • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and

   • You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

   We reserve the right, in our sole and absolute discretion, to deny you access to the Platform and/or the Services, or any portion of the Platform and/or the Services, without notice, and to remove any content that does not adhere to these Community Guidelines.

7. MODIFICATIONS TO THE SERVICE AND PRICES

   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.

8. RESTRICTIONS

   The Platform and the Services are only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

9. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS

   During the registration process for Members and Merchants, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. You are responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason.

10. FEES AND PAYMENT

    We do not charge Members any fees for using the Services.

    Except for the Cash Gift Fund Handling Fees (as defined below) and handling fees in association with at charitable donation through our partner Generous, we do not charge Guests any fees for using the Services. We charge handling fees for each transaction initiated by a Guest to send a cash gift to a Member’s cash gift fund (the “Cash Gift Fund Handling Fees”). All Cash Gift Fund Handling Fees are non-refundable and shall be made known to the Guests during the transaction process. Guests shall pay MyRegistry all applicable Cash Gift Handling Fees. We may use a third party payment processor (“Third Party Payment Processor”) to process payment of such fees.

    Guests may purchase gifts from a Member’s registry by selecting the gift and completing the transaction on the third party partner’s website which makes the gift available for purchase (“Third Party Partner”). Guests shall pay the Third Party Partner all fees and taxes associated with such transaction.

    Notwithstanding anything to the contrary set forth in this Agreement, we reserve the right to begin charging fees at any time upon notice to you.

11. PROHIBITED USES

    In addition to other prohibitions as set forth in this Terms and Conditions, you are prohibited from using the MyRegistry 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 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.

12. INTELLECTUAL PROPERTY

    The Platform and the Services contain material, such as photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of MyRegistry (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

    If you violate any part of this Agreement, your permission to access and/or use the Content, the Platform, and/or the Services automatically terminates.

    The trademarks, service marks, and logos of MyRegistry (the “MyRegistry Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of MyRegistry. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with MyRegistry Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of MyRegistry Trademarks inures to our benefit.

    Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

13. MEMBER CONTENT; LICENSES

    As noted above, the Services provide Members the ability to post and upload Member Content. You expressly acknowledge and agree that once you submit your Member Content for inclusion into the Platform, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Member Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT MYREGISTRY, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR MEMBER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SERVICES AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR MEMBER CONTENT.

    You retain all copyrights and other intellectual property rights in and to your own Member Content. You do, however, hereby grant us a non-exclusive, royalty-free, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Member Content as reasonably necessary to provide the Services.

    If you submit Member Content to us, each such submission constitutes a representation and warranty to MyRegistry that such Member Content is your original creation (or that you otherwise have the right to provide the Member Content), that you have the rights necessary to grant the license to the Member Content under the prior paragraph, and that it and its use by MyRegistry and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

14. 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, 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.

15. COMMUNICATIONS WITH US

    Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

16. NO WARRANTIES; LIMITATION OF LIABILITY

    THE PLATFORM, THE SERVICES AND ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

    NONE OF MYREGISTRY, ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “MYREGISTRY PARTIES”) OWN OR CONTROL THE THIRD PARTY PARTNER WEBSITE THROUGH WHICH YOU PURCHASE GIFTS. NONE OF THE MYREGISTRY PARTIES IS A PARTY TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN YOU AND THE THIRD PARTY PARTNER WEBSITE OR BETWEEN YOU AND OTHER USERS OF THE THIRD PARTY PARTNER WEBSITE OR OTHER USERS OF THE SERVICES.

    IN CONNECTION WITH ANY WARRANTY, CONTRACT OR COMMON LAW TORT CLAIMS: (I) NONE OF THE MYREGISTRY PARTIES SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE SERVICES, EVEN IF A MYREGISTRY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM OR THE SERVICES SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

    THE PLATFORM AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRICING, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE PLATFORM OR THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AND THE SERVICES AT ANY TIME WITHOUT NOTICE.

17. 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.

18. EXTERNAL SITES

    The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

19. 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.

20. INDEMNIFICATION

    You agree to defend, indemnify, and hold the MyRegistry Parties harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Platform, Content and/or the Services; (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; (iv) your Member Content; and/or (v) any claims brought against any MyRegistry Party by a Third Party Partner as a result of your acts or omissions. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

21. COMPLIANCE WITH APPLICABLE LAWS

    The Platform and the Services are based in the United States. We make no claims concerning whether the Platform, the Services, and the Content may be viewed, or be appropriate for use outside of the United States. If you access the Platform, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

22. TERMINATION OF THE AGREEMENT

    We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform and/or the Services, at any time and for any reason without prior notice or liability. You may terminate your account at any time by following the instructions in your account settings. We reserve the right to change, suspend, or discontinue all or any part of the Platform and/or the Services at any time without prior notice or liability.

23. DIGITAL MILLENNIUM COPYRIGHT ACT

    MyRegistry respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

    Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

    MyRegistry, LLC
    2050 Center Ave, Suite 100,
    Fort Lee, NJ 07024
    Copyright@MyRegistry.com

    If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

24. CONTROLLING LAW

    This Agreement and any action related thereto will be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions.

25. BINDING ARBITRATION

    In the event of a dispute arising under or relating to this Agreement (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

26. CLASS ACTION WAIVER

    You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

27. MISCELLANEOUS

    If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Member Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”

    Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

    Copyright 2016 MyRegistry LLC. All rights reserved.

28. CHANGES TO TERMS AND CONDITIONS

    You can review the most current version of this Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

29. CONTACT INFORMATION

    Questions about the Terms of Service should be sent to us at customercare@myregistry.com

30. RETURN POLICY

    As MyRegistry does not directly sell products, our return policy is contingent upon the policies established by the store or retailer from which you made your purchase. We encourage you to familiarize yourself with the specific return policy of the store or retailer where you obtained the product as each store or retailer may have varying timeframes, conditions, and requirements. In addition, carefully reviewing return policy will help ensure that you comply with their specific guidelines for return, exchanges, refunds, or any other related inquiries.

    While MyRegistry does not have direct control over the return process, we are committed to assisting you in understanding the guidelines and procedures for returning products. If you have any questions or require assistance regarding the return policy of the store you purchased from, please feel free to contact our customer support team at customercare@myregistry.com. We will do our best to provide guidance and help facilitate communication between you and the store to address any concerns you may have.

    Please understand that while we are here to support you throughout the process, any decisions regarding returns, exchanges, or refunds ultimately rest with the store or retailer where the purchase was made. We appreciate your understanding, if you have any further questions or need additional questions or need additional assistance, please do not hesitate to contact us.