DROP HAT TERMS OF SERVICE 

THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND DROP HAT.  THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: WWW.THEDROPHAT.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.THEDROPHAT.COM BY DROPHAT, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITE").  BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. NOTE:  THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH DROP HAT.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.   

Changes

DROP HAT may make changes to the content and Services offered on the Site at any time. DROP HAT can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site. By using this Site after DROP HAT has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.  

Use of DROP HAT website and affiliated websites

By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms.  If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless DROP HAT if the Minor breaches any of these Terms.  If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the DROP HAT or the Site. DROP HAT provides content through the Site and through the Services that is copyrighted and/or trademarked work of DROP HAT or DROP HAT’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”).  Materials may include logos, graphics, video, images, software and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, DROP HAT hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use.  Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner. If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials. 

Using the Site and the Services on the Site

You can simply view the Site and not use any Services on the Site.  You need not register with DROP HAT to simply visit and view the Site. However, in order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site, you must register with DROP HAT for an account and receive a password.  

Password Restricted Areas of this Site

If you desire to register for an account with DROP HAT, you must submit the following information through the account registration page on the Site: contact information and payment information.  You will also have the ability to provide additional optional information, such as completing a style profile, which is not required to register for an account but may be helpful to DROP HAT in providing you with more a more customized experience when using the Site or its Services.  Once you have submitted your account registration information, DROP HAT administrator shall have the right to approve or reject the requested registration, in DROP HAT administrator’s sole discretion.  If your account is approved by DROP HAT  administrator, you will be sent an e-mail that contains a password that will allow you to log-on to the Site using that password (the “DROP HAT Password”) for the first time you log into your account on the Site to complete the account registration process. You are responsible for maintaining the confidentiality of your DROP HAT Password ("Password"), and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password.  You agree to notify DROP HAT if your Password on this Site is lost, stolen, if you are aware of any unauthorized use of your Password on this Site or if you know of any other breach of security in relation to this Site. All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date.  

Subscriptions

By registering for an account with DROP HAT, you become a “Subscriber” with access to certain password-restricted areas of the Site, to use certain Services and Materials offered on and through the Site and to purchase packages (a “Subscription”).  DROP HAT offers a recurring subscription service where you select a Subscription plan, pay a reoccurring Subscription fee and receive a package of curated items based on the Subscription plan you select.  Each Subscription and the rights and privileges provided to a Subscriber is personal and non-transferable.  All sales and payments of Subscription fees will be in US Dollars.  All Subscription fees are non-refundable under any circumstances. The fee that we will charge you for your Subscription will be the price for the Subscription plan you select.  The Subscription plans and the associate fees are listed at www.THEDROPHAT.COM/SUBSCRIBE.  DROP HAT reserves the right to change prices for Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.  You will be liable for paying any and all applicable sales and use taxes for the purchase of your Subscription based on the mailing address that you provide when you register as a Subscriber, and you authorize DROP HAT to charge your credit or debit card for any such applicable taxes. You may pay your Subscription fee only with credit and debit card payments (Visa, MasterCard, American Express, and Discover).  We will charge your credit or debit card for your first Subscription fee on the date that we process your order for your Subscription.  Thereafter, we will charge your credit or debit card with the relevant Subscription fee monthly, quarterly, biannually annually or otherwise, in accordance with the Subscription terms of the Subscription you selected, until you cancel your Subscription.  If the credit or debit card information you have provided is incorrect or incomplete or if DROP HAT is unable to complete the transaction due to your error or omission, we will attempt to contact you and inform you of the problem; however, failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your Subscription or a particular delivery.  If you do not pay the Subscription fee, you will not receive any packages.  Once your credit or debit card is charged the Subscription fee, you will generally receive your package within two weeks.  Subscriptions may only be cancelled as expressly set forth in the paragraph below.  If you believe you have purchased a Subscription in error, please contact us immediately at info@dropofahat.ca.  DROP HAT may limit quantities of or cancel Subscriptions purchased, and we reserve the right to refuse any order. In the event DROP HAT needs to change or cancel an order, we will attempt to notify you using the contact information you provided during registration.  Packages may be shipped by a third party carrier. As a result, title and risk of loss for packages will pass to you upon our delivery to the carrier. IMPORTANT NOTICE: DROP HAT WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION AND CHARGE YOU THE SUBSCRIPTION FEE ON EACH MONTHLY, QUARTERLY, BIANNUAL, ANNUAL OR OTHER ANNIVERSARY (BASED ON THE TERMS OF THE SUBSCRIPTION PLAN YOU SELECTED) OF OR AROUND THAT DATE THAT DROP HAT FIRST CHARGES YOUR CREDIT OR DEBIT CARD FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, DROP HAT WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE SUBSCRIPTION FEE, AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT, UNLESS YOU CANCEL ACCORDING TO THE CANCELLATION TERMS. YOU MUST CANCEL THE SUBSCRIPTION BEFORE THE NEXT RENEWAL DATE OR YOU WILL BE CHARGED THE SUBSCRIPTION FEE FOR THE NEXT PACKAGE. TO CANCEL, EMAIL INFO@DROPOFAHAT.CA FROM THE EMAIL ADDRESS YOU USED TO REGISTER YOUR ACCOUNT SAYING THAT YOU WISH TO CANCEL.  WE WILL THEN EMAIL YOU A CANCELLATION FORM.  YOU MUST COMPLETE AND SUBMIT THE CANCELLATION FORM FOR THE CANCELATION TO BE EFFECTIVE.  ONCE THE CANCELLATION FORM IS SUBMITTED, YOUR SUBSCRIPTION WILL BE CANCELLED. IN SOME INSTANCES YOU CAN LOGIN TO YOUR ACCOUNT AND CANCEL THE SUBSCRIPTION YOURSELF, HOWEVER IF THE RENEWAL IS CHARGED FOR THE PARTICULAR MONTH YOUR SUBSCRIPTION WILL ONLY BE CANCELLED FROM THE FOLLOWING MONTH. REFUND PROCESSING CHARGE OF $15 FOR ALL MONTHLY BOXES & $30 FOR A PREPAID SUBSCRIPTION WILL BE CHARGED IF YOU REQUIRE A REFUND BEFORE THE 5TH DAY AFTER THE PURCHASE AND BEFORE THE FIRST PACKAGE IS SHIPPED. REFUND REQUESTS RECEIVE AFTER THE 5TH DAY OR AFTER THE FIRST PACKAGE HAS BEEN SHIPPED WILL NOT BE GRANTED.  DROP HAT REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST.  IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION TERM. The content of each package is curated by DROP HAT. Unfortunately, we don’t allow returns or substitutions of anything in your package. If you receive a package with damaged or incomplete contents, or if you are otherwise unhappy with any package you receive, please contact us at: INFO@DROPOFAHAT.CA Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While DROP HAT makes every effort to ensure that the information on the Site and/or contained in your package is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Site and/or contained in your package. DROP HAT makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk. Moreover, DROP HAT` disclaims any responsibility in connection with your use of the contents contained in each package, any and all such use shall be at your own risk. DROP HAT may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotion codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases.  There is no cash alternative. Furthermore, promotion codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotion codes cannot be replaced. Limit one promotion code per customer. Promotion codes are void where prohibited. Promotion code must be entered at the time of sign up in the “coupon code” section of the payment form and a promotion code cannot be applied to an order or an account after it has been processed. Please note that promotion codes are not available with the “ROOKIE BOX”. Any promotional program may be terminated or modified by DROP HAT at any time in its sole discretion.  

Purchases

If applicable, you agree to pay all fees or charges to your account based on DROP HAT’s fees, charges, and billing terms in effect as shown on the WWW.THEDROPHAT.COM/checkout.  If you do not pay on time or if DROP HAT cannot charge your credit card or other payment method for any reason, DROP HAT reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms and you will not receive any packages.  You are expressly agreeing that DROP HAT is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms.  If you cancel your account at any time, you will not receive any refund.  If you have a balance due on any account, you agree that DROP HAT may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.  

Communications

By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications and telephone communications from DROP HAT.  Electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. We may contact you by telephone if we have questions about your Subscription.  These communications are part of your relationship with DROP HAT.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.  

Privacy Policy

Please review DROP HAT Privacy Policy, which is available at www.THEDROPHAT.COM/privacy (the “Privacy Policy”) which explains how we use information that you submit to DROP HAT.  

Links to Third-Party Sites

This Site may be linked to other web sites that are not DROP HAT sites (collectively, “Third-Party Sites”).  Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site.  In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than DROP HAT, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides.  You hereby agree to comply with any and all terms and conditions, user’s guides and privacy policies of any of Third-Party Sites.  DROP HAT is providing links to the Third-Party Sites to you as a convenience, and DROP HAT does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT DROP HAT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.  Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply DROP HAT's endorsement or recommendation.  

Unauthorized Activities

When using this Site and/or the services, you agree not to: · Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others. · Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation. · Use any robot, spider, scraper or other automated means to access the Site. · Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. This list of prohibitions provides examples and is not complete or exclusive.  DROP HAT reserves the right to terminate access to your account and/or your ability to use the Services with or without cause and with or without notice, for any reason or no reason, or for any action that DROP HAT determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services.  DROP HAT may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.  When legally required or at DROP HAT’s discretion, DROP HAT will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. You agree to indemnify and hold DROP HAT and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) DROP HAT or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.  

Proprietary Rights

DROP HAT is a trademark of DROP HAT in the USA and abroad.  Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of DROP HAT Trademarked 2018 DROP HAT.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.   

Disclaimer of Warranties

Your use of this Site and/or the Services is at your own risk.  The Materials have not been verified or authenticated in whole or in part by DROP HAT, and they may include inaccuracies or typographical or other errors.  DROP HAT does not warrant the accuracy of timeliness of the Materials contained on this Site.  DROP HAT has no liability for any errors or omissions in the Materials, whether provided by DROP HAT, our licensors or suppliers or other users. DROP HAT, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS.  UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  DROP HAT DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.  

Limitation of Liability

DROP HAT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DROP HAT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF DROP HAT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.  OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT BE MORE THAN $50.00.

Local Laws; Export Control

DROP HAT controls and operates this Site from its headquarters in Canada and the Materials may not be appropriate or available for use in other locations.  If you use this Site outside Canada, you are responsible for following applicable local laws. 

Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials to DROP HAT, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary.  You hereby assign all right, title, and interest in, and DROP HAT is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  You understand and agree that DROP HAT is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.  

Dispute Resolution and Arbitration; Class Action Waiver

Please read this carefully.  It affects your rights. Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at INFO@DROPOFAHAT.CA.  This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and DROP HAT.  Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.  You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury. Please read this Provision carefully.  It provides that all Disputes between you and DROP HAT shall be resolved by binding arbitration.  Arbitration replaces the right to go to court.  In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). For the purpose of this Provision, “DROP HAT” means DROP HAT and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents.  The term “Dispute” means any dispute, claim, or controversy between you and DROP HAT regarding any aspect of your relationship with DROP HAT whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below).  “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as DROP HAT’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.  

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give DROP HAT an opportunity to resolve the Dispute.  You must commence this process by mailing written notification to DROP HAT.  That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek.  If DROP HAT does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.  You may pursue your Dispute in a court only under the circumstances described below.  

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or DROP HAT may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”).  You may opt out of this Provision by mailing written notification to DROP HAT.  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with DROP HAT through arbitration.  Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with DROP HAT.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.  

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or DROP HAT may initiate arbitration proceedings.  The Canadian Arbitration Association (“CAA”), www.canadianarbitrationassociation.ca, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration.  All issues shall be for the arbitrator to decide, including the scope of this Provision. This Provision governs in the event it conflicts with the applicable arbitration rules.   The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party.  Such award will be final and binding on the parties, except for any right of appeal, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. Location of Arbitration –DROP HAT will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration.  You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.  Fees and costs may be awarded as provided pursuant to applicable law.  In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with DROP HAT as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.  

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and DROP HAT specifically agree to do so following initiation of the arbitration.  If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you.  Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.  

Jury Waiver

You understand and agree that by entering into this Agreement you and DROP HAT are each waiving the right to a jury trial or a trial before a judge in a public court.  In the absence of this Provision, you and DROP HAT might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.  

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.  

Continuation

This Provision shall survive the termination of your service with DROP HAT or its affiliates.  Notwithstanding any provision in this Agreement to the contrary, we agree that if DROP HAT makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require DROP HAT to adhere to the language in this Provision if a dispute between us arises.  

General

DROP HAT prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action.  However, certain violations of these Terms, as determined by DROP HAT, may result in immediate termination of your access to this Site without prior notice to you.  If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  DROP HAT’s failure to enforce any of these Terms is not a waiver of such term.  These Terms are the entire agreement between you and DROP HAT and supersede all prior or contemporaneous negotiations, discussions or agreements between you and DROP HAT about this Site.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.  

Contact Us

If you have any questions about these Terms or otherwise need to contact DROP HAT for any reason, you can reach us by email at info@dropofahat.ca.