Effective Date: September 1, 2021

This page explains our terms and conditions and contains important information about your legal rights – when you use access or use Carbon38.com you are agreeing to these terms.

  1. Introduction

These Terms and Conditions and the Privacy Policy (collectively, “Terms”) are a legal agreement between you, as Guest, and Carbon 38, Inc. (“Carbon38,” “we,” “our,”orus“) and govern your use of and access to Carbon38’s services, including the purchase of fitness and lifestyle apparel and products and Carbon38 gift cards, as well as other products and services that are made available through our website (https://www.carbon38.com) (“Website“) or otherwise made available by us (collectively, the “Services“). By using the Services in any way, you agree to and accept these Terms, our Privacy Policy (available at https://carbon-38.myshopify.com/policies/privacy-policy), and any other legal notices or guidelines posted on the Website. If you are using our Services for an organization, you are agreeing to these Terms on behalf of that organization. If you do not agree to these Terms or are under the age of 18, do not use the Services.

IF YOU RESIDE IN THE UNITED STATES, PLEASE BE AWARE THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER LOCATED IN SECTION 27 OF THESE TERMS, AS IT REQUIRES ARBITRATION TO RESOLVE DISPUTES, IN MOST CASES, ON AN INDIVIDUAL BASIS. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE AGREEMENT TO ARBITRATE AND THE CLASS ACTION WAIVER. 

  1. Modifications

We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the page and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.

Whenever we make changes to these Terms, they are effective when the revised Terms are posted to the Website unless we notify you otherwise. If you continue to use the Services after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.

  1. Privacy Policy and FAQ

For information about how we collect, use and share information about users of the Services, please see our Privacy Policy available at https://carbon-38.myshopify.com/policies/privacy-policy (or such other successor URL that we may designate from time to time).

For users in the European Union: You understand that use of the Services may include disclosures to persons located outside of the European Economic Area, including countries that do not have laws that protect personal information in the same manner as countries within the European Economic Area.

For purchase, shipping, return and other related information regarding our Services, please see our Carbon38 FAQs available at https://carbon-38.myshopify.com/pages/faq (or such other successor URL that we may designate from time to time) (the “FAQs”), which FAQs are incorporated in these Terms by reference. 

  1. Creating Accounts

To use certain of the Services, you may need to create an account. You may not create an account if you are under eighteen (18) or the age of majority (or equivalent term) in your local jurisdiction, whichever is higher.  You can access, edit and update your account by logging into your account on the Website. You are solely responsible for any activity on your account, and you must maintain the security of your password and accept all risk that someone may access your account without your permission. We are not liable for any acts or omissions by you in connection with your account. If you discover or suspect any security breach, please email us at customercare@carbon38.com as soon as possible. When you use the Services or create an account, you represent and warrant to us that all information that you provide in connection with your account is at all times accurate, truthful, current and complete. Carbon38 reserves the right to deny any account at our discretion.

  1. Purchasing Products

When you select a product to purchase, it will appear in your online shopping cart (the “Shopping Cart”). Once you have placed all products you would like to purchase in your Shopping Cart and are ready to checkout, the applicable taxes and any shipping charges will be calculated and you will see the total amount due and owing to be paid by you. Unless specifically stated otherwise, all payments must be made in U.S. dollars by PayPal or credit or debit account (or any other payment method we may authorize via the Services, including Apple Pay or Google Pay) via Carbon38’s authorized payment processor. Carbon38’s authorized payment processor will charge the payment method provided by you to the Services for the total amount displayed in your Shopping Cart.  Further, if you make payments within our Services by using Apple Pay or Google Pay, your use of Apple Pay or Google Pay will be subject to Apple’s (in the case Apple Pay) or Google’s (in the case of Google Pay) end user terms for their respective terms of service for such payment services.

You hereby authorize Carbon38 or its authorized payment processor to charge the Paypal or credit or debit card account or other payment method provided by you for the total amount displayed in your Shopping Cart for each purchase. You acknowledge and agree that all information you provide with regards to a purchase of products, including, without limitation, credit card, debt card, PayPal, or other payment information, is accurate, current and complete. You represent and warrant that you are authorized to use and have fees charged to the PayPal or credit or debit card account or other payment method provided to Carbon38.

We reserve the right, with or without prior notice and in our sole and complete discretion, to refuse to allow any user to purchase any product or deliver such products to a user or a user designated address. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal, your payment card carrier, or any other payment processor are solely your responsibility.

  1. Order Acceptance; Shipment

Once we receive your order, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole discretion. If we cancel an order after you have already been billed, then we will refund the billed amount. Title and risk of loss for any purchases of physical products pass to you upon our delivery of the products to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and notwithstanding anything to the contrary herein, the portion of any order that is partially shipped may be charged at the time of shipment. All orders are shipped using one of our third-party couriers. Online tracking may be available at our courier’s website (for example, FedEx), though we make no warranties regarding its availability because it is not under our control. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time. 

  1. Changes and Pricing

Carbon38 may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any products. While we attempt to be as accurate as we can in our descriptions for the products, we do not warrant that product descriptions are accurate, complete, reliable, current, or error-free. The inclusion of any products for purchase through the Services at a particular time does not imply or warrant that the products will be available at any other time. We reserve the right to change prices for products displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new product prices to the Services and/or upon making the customer aware of the pricing error. Additional terms on pricing and sales are set forth on the Prices/Sales/Promo Codes page within our FAQs available at https://carbon-38.myshopify.com/pages/faq (or such other successor URL that we may designate from time to time).

  1. Promotional Codes

We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on future products, or other features or benefits related to the Services. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting Services, or otherwise), unless expressly permitted by Carbon38; (d) may be disabled or have additional conditions applied to them by Carbon38 at any time for any reason without liability to Carbon38; (e) may only be used pursuant to the specific terms that Carbon38 establishes for such Promotional Code; (f) are not valid for cash or other credits or points; (g) may not be combined with any other promotional, discount, referral, or coupon code; and (h) may expire prior to your use. Use of Promotional Codes is subject to additional terms set forth on the Prices/Sales/Promo Codes page within our FAQs available at https://carbon-38.myshopify.com/pages/faq (or such other successor URL that we may designate from time to time).

  1. Gift Cards

Gift cards, including any promotional credits and merchandise credits thereon, containing stored money value may be offered by us for the purchase of products (“Gift Cards”). The purchase and use of Gift Cards is subject to our Gift Card Terms and Conditions available at https://carbon-38.myshopify.com/pages/gift-card-terms-and-conditions (or such other successor URL that we may designate from time to time), which are incorporated into these Terms by reference, and additional terms within our FAQs as set forth at https://carbon-38.myshopify.com/pages/faq (or such other successor URL that we may designate from time to time).

  1. Returns and Refunds

Carbon38 accepts returns of certain purchased products. For information on our returns policy, please visit our Returns & Exchanges page of the FAQs available at https://carbon-38.myshopify.com/pages/faq (or such other successor URL that we may designate from time to time).

  1. NO USE BY CHILDREN

Children under the age of 18 are not permitted to use the Services.  Users are not allowed to give Carbon38 the personal information of any persons under the age of 18 for delivery or shipping purposes or any other reason.

  1. Right to Use the Services

On the condition that you fully comply with these Terms, Carbon38 grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Services for your own personal, non-commercial use. Except as expressly authorized by these Terms, you may not (a) download, modify, disclose, alter, translate or create derivative works of the Services, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services, (c) disassemble, decompile or reverse engineer any of the software components of the Services, (d) copy, frame or mirror any part of the Services, (e) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services, (f) use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services, (g) exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation, (h) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services, (i) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same, (j) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful, (k) violate any applicable law or regulation in connection with your access to or use of the Services, or (l) attempt to gain unauthorized access to the Services or its related systems or networks. 

You may not post or otherwise make available on or through the Services any of the following:

  • Private information of any other persons (including names, email addresses, phone numbers, Social Security numbers and financial information);
  • Content that is libelous, defamatory, abusive, offensive or hateful;
  • Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;
  • Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
  • Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code;
  • Content that, in Carbon38’s judgment, is objectionable, may restrict or inhibit another from enjoying the Services or may expose Carbon38 or users of the Services to harm or liability of any type; and/or
  • Content that you are contractually or legally required to keep confidential.

Also, you may not do any of the following in connection with the Services or other users:

  • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services;
  • Collect any personal information about other users;
  • Intimidate, threaten, stalk, bully or otherwise harass other users;
  • Post spam through the Services;
  • Use the Services for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms.

Your use of the Services is at your own risk. Carbon38 is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm. As a provider of interactive services, Carbon38 is not liable for the content of any reviews. Although we have no obligation to screen, edit or monitor reviews, we reserve the right, and have the discretion, to screen, edit or remove any reviews at any time, for any reason and without notice.

  1. Reporting and Removal

Carbon38 users may report content to Carbon38 that they think violates these Terms, and Carbon38 may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.

DMCA Policy

If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

  • identification of the copyrighted work that is claimed to be infringed;
  • identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
  • information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
  • a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
  • a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
  • the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

Notices of copyright infringement claims should be sent by mail to: General Counsel, 10000 Washington Blvd., Ste. 109, Culver City, CA 90232; or by e-mail to legal@carbon38.com.  It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

  1. Carbon38’s Rights Regarding its Materials

As between you and Carbon38, all information, materials and content of the Services, including our name, trademarks, logos, copyrights, product and service names, and all text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces, source and object code, format, queries, algorithms and other content (collectively, “Carbon38 Materials”) is owned by Carbon38 and/or its licensors (including any and all intellectual property rights therein). You agree not to take any action(s) inconsistent with such ownership interests.  We and our licensors reserve all rights in connection with the Services and its content (other than reviews), including, without limitation, the exclusive right to create derivative works. 

  1. License Grant to Reviews

When you create, share, link to, or otherwise make available any reviews, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, host, cache, store, reproduce, distribute, perform and display such reviews throughout the world in any manner or media, on or off the Website. You hereby irrevocably waive in favor of Carbon38 any and all moral rights that you may possess in or to any reviews. Carbon38 retains and reserves any and all intellectual property and other proprietary rights in and to its trademarks and nothing in these terms gives you a license or other right to use our trademarks. 

  1. Feedback

Any suggestions, comments or other feedback you give us about the Services (the “Feedback”) becomes our sole and exclusive property. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise. You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. You hereby assign to Carbon38 any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

  1. Use of Third-Party Materials in the Services

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that Carbon is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.  If you have any complaints in connection with any Third-Party Materials or third-party website, please contact such third party directly, or contact your state Attorney General or the Federal Trade Commission at www.ftc.gov.

  1. DISCLAIMERS

YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK. EXCEPT AS REQUIRED OTHERWISE OF CARBON38 BY APPLICABLE LAW, THE SERVICES AND ANY OTHER SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING REVIEWS) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING REVIEWS).

  1. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL CARBON38 BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES (INCLUDING THE WEBSITE AND ANY REVIEWS) AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF CARBON38 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES (SUCH AS NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF CARBON38 AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED $200, OR THE AMOUNT YOU PAID CARBON38, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1. Indemnification

You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Services (including any conduct with respect to the Ambassador Program) or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Carbon38 account.

  1. Changes to the Services

Carbon38 reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Services and/or any features, information, materials or content on the Services with or without providing notice to you. Carbon38 will not be liable to you or any third party for any changes or discontinuance of the Services or any part of the Services.

  1. Consent to Electronic Communications

By using the Services, you agree that we may communicate with you electronically regarding your use of the Services and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at customercare@carbon38.com.

  1. SMS Messaging and Phone Calls

Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that Carbon38 may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes (including cart reminders and promotional offers). You understand that you are not required to provide this consent as a condition of purchasing any products. You also understand that you may opt out of receiving text messages from us at any time, by contacting us at customercare@carbon38.com or texting “STOP” to 86079.  After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can text HELP to 86079 for more assistance, or you can get help directly at customercare@carbon38.com. Carriers are not liable for delayed or undelivered messages.  As always, message and data rates may apply for any messages sent to you from us and to us from you. Messaging frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.  If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.  

  1. Suspension and Termination 

If you breach any of the provisions of these Terms, all licenses granted by Carbon38 will terminate automatically. Additionally, Carbon38 may suspend or terminate your rights to access or use the Services for any reason or for no reason at all and with or without notice at Carbon38’s discretion. If Carbon38 deletes your account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of account deletion for any reason, Carbon38 may, but is not obligated to, delete any of your reviews. Carbon38 shall not be responsible for the failure to delete or deletion of your reviews. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Carbon38 or you. Termination will not limit any of Carbon38’s other rights or remedies at law or in equity.

  1. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to Carbon38 for which monetary damages would not be an adequate remedy and Carbon38 shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

  1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without resort to any conflict of law provisions.

For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Los Angeles, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use or the Services.

  1. Arbitration and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH CARBON 38 AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CARBON38.

In the event of any controversy or claim arising out of or relating in any way to these Terms, our Privacy Policy, or the Services, you and Carbon38 agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation to be administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms) in Los Angeles, California. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Carbon38 are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, any claim under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Carbon38 are each waiving the right to trial by jury or to participate in a class action or class arbitration. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the JAMS Rules before a single arbitrator in Los Angeles, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, Carbon38 will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to customercare@carbon38.com or to the U.S. mailing address listed at the bottom of this Agreement. The notice must be sent to Carbon38 within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Carbon38 also will not be bound by them.

  1. General

Enforcement of these Terms is solely at Carbon38’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms. 

These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the Services, and they supersede any prior agreements that may have been made.

  1. Notice to California Users

If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the address below with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are 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 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

  1. Contact Us 

If you have any questions about these Terms, please email us at customercare@carbon38.com or call us at 888-505-0897 from 9am–6pm PST, Monday through Friday, or send a letter to:

Carbon38, Inc.
10000 Washington Blvd., Ste. 109
Culver City, CA 90232

  1. Additional Terms for Carbon38 Ambassador Program

In addition to the general Terms set forth above, the Carbon38 Ambassador Program Terms and Conditions available through the Ambassador Program platform will also apply to you if you apply to join and/or are accepted as a member of the Carbon38 Ambassador Program.