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Terms of Service

Welcome, and thank you for your interest in Remi by GrindGuard, Inc. (“Remi,” “we,” or “us”) and our website at www.shopremi.com, along with our related websites, networks, applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Remi regarding your purchase of our products and your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING REMI’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU SHOULD NOT PURCHASE ANY PRODUCTS AND YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR PURCHASE OF ANY PRODUCTS AND YOUR USE OF THE SERVICE, AND REMI’S PROVISION OF AND PRODUCT OR THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY REMI AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 15, you agree that disputes arising under these Terms (including any dispute arising from your purchase or use of a Product) will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND REMI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 15.)

  1. Remi Service Overview. Remi provides a platform for consumers to purchase custom night guards and other personal care and wellness products (“Products”) on a one-off basis or as part of an ongoing subscription.
  2. Use of the Service and Products.
    1. No Medical Advice. Remi is not licensed to provide dental care and the Service does not (and is not intended to) provide any medical or dental care or medical advice. Remi Products are not a substitute for a visit to your dentist. If you wish to receive medical or dental care or medical advice, please contact a dentist or other licensed medical care provider.
    2. Eligibility. You must be at least 18 years old to use the Service and use a Product. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
    3. Your Health. If you have any significant dental work, loose fillings or loose teeth, persistent jaw or neck pain, or have been diagnosed by your dentist with temporomandibular joint dysfunction (TMD), be sure to consult your dentist before using Remi night guards. If you notice any discomfort or changes to your bite or occlusion after using Remi night guards, discontinue use and consult your dentist. Do not use Remi night guards as a sports mouth guard or retainer. Remi night guards should not be used by children or anyone who is still growing / has shifting teeth or any child or adult where there is a risk of aspirating the Product. Remi night guards are not intended for users with braces or dentures. If pain or discomfort occurs after using a Remi night guard, consult your dentist. If any changes to teeth, mouth, or dental work are done, it is your responsibility to inform Remi to determine if an additional impression or purchase is required.
  3. Accounts and Registration. To access some features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, a password, and birthdate. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@shopremi.com.
  4. General Payment Terms.
    1. Availability. Purchases of the Product are subject to estimated availability as described on our website at the time that you place your order and updated from time to time or through email communications.
    2. Price. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Except as permitted under Sections 4.10 and 13.1, all fees are in U.S. Dollars and are non-refundable. Remi reserves the right to determine pricing for the Products and Service. Remi will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Remi may change the fees for any feature of the Service, including additional fees or charges, if Remi gives you advance notice of changes before they apply.
    3. Promotions. Remi, at its sole discretion, may make promotional offers with different features and different pricing to any of Remi’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Individuals found engaging in any of the following activities may be ineligible for any promotion: (i) tampering with, disrupting, or attempting to disrupt, or any unauthorized use, misuse or abuse of any aspect of a promotion; (ii) violating any applicable law; (iii) allowing any unauthorized person to use your email address or other account related to a promotion; (iv) attempting to exceed promotion quantity limitations through false identification or email addresses, false registration, false impersonation, false information provided or any other means; or (v) for any other breach of these terms and conditions. Termination for any of these reasons may also subject participant to civil and criminal penalties and may result in legal action. Remi may invalidate participation in a promotion if Remi believes, in its sole discretion, that an individual does not meet eligibility requirements.
    4. Authorization. You authorize Remi to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Remi, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Remi may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
    5. Product Orders. Your order constitutes an offer to purchase a Product, and all orders are subject to Remi’s acceptance. Except to the extent prohibited by applicable law, Remi may accept, decline, or place limits on your order for any reason. You do, however, acknowledge that by clicking on the “Buy”, “Buy Now”, “Purchase”, “Pay Now” or other similar button, you enter into an obligation to pay for the Product. If you have any questions, comments, or concerns regarding Remi’s order acceptance policy, or if you believe that your order was rejected in error, please contact Remi at support@shopremi.com.
    6. Title, Risk of Loss. Title to the Product will pass to you when the Product is delivered to the carrier, after which all risk of loss or damage to any Product will be yours.
    7. Delivery. Remi will attempt in good faith to deliver the Product in accordance with your order or any other schedule Remi may provide to you when placing the order, but Remi will not be responsible or liable for any delays or failure in such delivery. The modes of transport and carriers will be decided at Remi’s discretion. During any period of shortage, Remi may allocate its supply of the Product in any manner Remi deems appropriate. Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that we may not be able to deliver there. If that is the case, we will notify you. Remi will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond Remi’s reasonable control. In such cases, Remi will have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.
    8. Inspection. You should carefully examine all deliveries of the Product upon delivery, and notify Remi of any alleged error, shortage, defect or non-conformity of the Product within 5 days after receipt. Your failure to examine and report will, to the maximum extent permitted by applicable law, constitute a waiver of any claim against Remi arising under these Terms or by law with respect to any such error, shortage, defect, or non-conformity reasonably discoverable by examination. You agree to make any and all claims for damage or loss in transit against the carrier.
    9. Product Information; Changes. While we have taken reasonable steps to depict the Product as accurately as possible through the photographs and other images featured on our websites, the detailing (such as color, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it. In addition, Remi expressly reserves the right, at any time and without notice, to discontinue the production or change the specifications of any Product or the Service.
    10. Returns and Refunds. Remi’s returns and refund policy is available at Returns & Order Modifications. If you are not satisfied with the Product you have purchased, you can request to Remi to receive a full refund within 30 days of your purchase. You acknowledge that if you request a refund Product, you are required to return your original Product to us.
    11. Subscription Service. The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Remi to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period (e.g., every 6 months). The length of each subscription term will be communicated to you when you purchase a subscription to a Product. You may contact us to request changes to the frequency of you subscription periods, subject to our approval in our sole discretion. The subscription will continue unless and until you cancel your subscription or we terminate it, and you may only be able to cancel your subscription after the period of time for which you have committed to subscribe as part of a promotional offering or membership. You must cancel your subscription at least 14 days before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by calling us at +1 (800) 234-1874 or by contacting us at support@shopremi.com.
    12. Delinquent Accounts. Remi may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
  5. Licenses
    1. Limited License. Subject to your complete and ongoing compliance with these Terms, Remi grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
    2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
    3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Products or Service (“Feedback”), then you hereby grant Remi an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Products and Service and create other products and services.
  6. Ownership; Proprietary Rights. The Service is owned and operated by Remi. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Remi are protected by intellectual property and other laws. All Materials included in the Service are the property of Remi or its third party licensors. Except as expressly authorized by Remi, you may not make use of the Materials. Remi reserves all rights to the Materials not granted expressly in these Terms.
  7. Third Party Terms
    1. Linked Websites. The Service may contain links to third party websites. Linked websites are not under Remi’s control, and Remi is not responsible for their content.
    2. Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
  8. Communications.
    1. Phone calls. We may call you phone number to collect information and feedback about your use of our products and services.
    2. Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
  9. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
    1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
    3. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
    4. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
    5. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
    6. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
    7. attempt to do any of the acts described in this Section 8 or assist or permit any person in engaging in any of the acts described in this Section 8.
  10. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 10, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
  11. Term, Termination and Modification of the Service
    1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 11.2.
    2. Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Remi may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at support@shopremi.com.
    3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Remi any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 11.3, 12, 13, 14, 15 and 16 will survive.
    4. Modification of the Service. Remi reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Remi will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
  12. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Product and Service, and you will defend and indemnify Remi and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Remi Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Product or Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
  13. Disclaimers; No Warranties

    THE SERVICE, PRODUCTS, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. REMI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. REMI DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND REMI DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR REMI ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE REMI ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE OR PRODUCT. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AND PRODUCTS AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

    THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Remi does not disclaim any warranty or other right that Remi is prohibited from disclaiming under applicable law.

  14. Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE REMI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, TH EPRODUCT, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY REMI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    EXCEPT AS PROVIDED IN SECTION 15.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE REMI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCT, THE SERVICE, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO REMI FOR ACCESS TO AND USE OF THE SERVICE AND PRODUCTS IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

    EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  15. Dispute Resolution and Arbitration
    1. Generally. In the interest of resolving disputes between you and Remi in the most expedient and cost effective manner, and except as described in Section 15.2 and 15.3, you and Remi agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND REMI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    2. Exceptions. Despite the provisions of Section 15.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
    3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 15 within 30 days after the date that you agree to these Terms by sending a letter to GrindGuard, Inc., Attention: Legal Department – Arbitration Opt-Out, 440 Davis Ct, Unit 1805, San Francisco, CA 94111 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Remi receives your Opt-Out Notice, this Section 15 will be void and any action arising out of these Terms will be resolved as set forth in Section 16.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
    4. Arbitrator. Any arbitration between you and Remi will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Remi. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
    5. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Remi’s address for Notice is: GrindGuard, Inc., 440 Davis Ct, Unit 1805, San Francisco, CA 94111. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Remi may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Remi must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Remi in settlement of the dispute prior to the award, Remi will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
    6. Fees. If you commence arbitration in accordance with these Terms, Remi will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Remi for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
    7. No Class Actions. YOU AND REMI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Remi agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
    8. Modifications to this Arbitration Provision. If Remi makes any future change to this arbitration provision, other than a change to Remi’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Remi’s address for Notice of Arbitration, in which case your account with Remi will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
    9. Enforceability. If Section 15.7 or the entirety of this Section 15 is found to be unenforceable, or if Remi receives an Opt-Out Notice from you, then the entirety of this Section 15 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16.2 will govern any action arising out of or related to these Terms.
  16. Miscellaneous
    1. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Remi regarding your use of the Service and purchase of Products. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
    2. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Remi submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
    3. Privacy Policy. Please read the Remi Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Remi Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
    4. Additional Terms. Your use of the Service and purchase of Products is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
    5. Consent to Electronic Communications. By using the Service or purchasing a Product, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
    6. Contact Information. The Service and Products are offered by GrindGuard, Inc., located at 440 Davis Ct, Unit 1805, San Francisco, CA 94111. You may contact us by sending correspondence to that address, by calling us at +1 (800) 234-1874, or by emailing us at support@shopremi.com.
    7. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
    8. Support. You may contact us for support related questions and assistance by email at support@shopremi.com or by phone at +1 (800) 234-1874.
    9. International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.