PRECIOUS SOUND TERMS (UPDATED FEBRUARY 26, 2024)

Welcome to Precious Sound, Inc. (“Precious Sound”, “we”, “us” or “our”).

PLEASE READ THE PRECIOUS SOUND TERMS (the “AGREEMENT”) CAREFULLY. THIS AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND PRECIOUS SOUND AND STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE LOCATED AT WWW.PRECIOUSSOUND.COM (THE “SITE”), THE SERVICES OFFERED THROUGH THE WEBSITE, AND ANY ORDERS THAT YOU PLACE WITH US (COLLECTIVELY, THE “SERVICES”).

By accessing or using the Site, placing an order for a record, iconic collectible, or accessory offered by Precious Sound (“Products”), checking a box or using any other consent protocol presented on our Site to indicate you agree to the terms and conditions in this Agreement. Your registration may be required to place an order or make a purchase. By accepting this Agreement You hereby represent that: (1) you have read, understand, and agree to be bound by the Agreement and any future amendments and additions to the Agreement as published from time to time; (2) you are of legal age in the jurisdiction in which you reside to form a binding contract with Precious Sound; and (3) you have the authority to enter into the Agreement.

If You do not agree to be bound by Agreement, you may not access or use the Site.

PLEASE BE AWARE THAT SECTION 16 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND PRECIOUS SOUND HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY DAYS FROM YOUR ACCEPTANCE OF THIS AGREEMENT BY NOTIFIYING US IN WRITING AS SET OUT HEREIN: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY PRECIOUS SOUND IN ITS SOLE DISCRETION AT ANY TIME. Your continued use of the Site or Services will require your acceptance of any such change(s).

1. Use of Services.

1. License. Subject to the terms and conditions of the Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site and the Services only for the purpose of shopping for Products for personal use and not for purposes of resale or any other commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement may result in the immediate revocation of the license granted in this paragraph without notice to you.
2. Certain Restrictions. Except as permitted above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Site or any portion thereof unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site or Services for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate Accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that User conduct violates this Agreement, applicable law or is harmful to our interests.
   You agree not to upload, distribute, or publish any content or material through the Services that (i) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (ii) is libelous, threatening, defamatory, obscene, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, or other harmful code or properties. Submissions or opinions expressed on this Site are that of the individual expressing such submission or opinion and may not reflect our opinions.
3. Use of Third-Party Materials. As a part of the Services, you may have access to materials or links that are hosted by another party. You agree that it is impossible for Precious Sound to monitor such materials and that you access these materials or any third party links at your own risk.

2. Registration.

1. Registering Your Account. In order to use certain features of the Site or Services, you are required to register an account on the Site (an “Account”).
2. Registration Data. To register an Account, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (A) of legal age to form a binding contract; and (B) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you will monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to (1) notify Precious Sound immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. Precious Sound has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof) at any time in its sole discretion. You agree that you will not have more than one Account at any given time. You may not create an Account or use the Services if you have been previously removed by Precious Sound.

The content of this Site and the Services, including all text, images, graphics, publications, audio clips, and software, and the assembly and arrangement of such items belongs exclusively to Precious Sound or its affiliates or licensors and is protected by U.S. and international copyright laws. PRECIOUS SOUND and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Precious Sound, Inc., or its affiliates. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our materials, logos, text, images, trademarks or service marks in any way without our prior express written permission. You may not use any of our trademarks or service marks in metatags without prior explicit consent.

1. Your Submissions. By using the Site and Services, you grant us the right to use anything that you submit or post to the Site, or send to us via mail, email or otherwise and/or provide us, including without limitation, ideas, questions, reviews, comments, and suggestions (collectively, your “Submissions”). You grant us the royalty-free, worldwide, perpetual, irrevocable, sublicensable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, reverse-engineer, disassemble, or create derivative works from such Submissions by any means and in any form. You agree not to use a false e-mail address, pretend to be someone other than yourself, or mislead us or any third parties in regards to the origin of any Submissions or content. You also grant us the right to use the name that you submit with any such review or comment. If you provide us feedback or contact us via email, you also hereby grant us the right to collect your name, email address and any other content included in the email in order to send you a reply and make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on this Site and that use of your Submissions by us will not infringe upon or violate the rights of any third party. We have the right to remove or edit any Submissions for any reason.
2. Other Users. Each User is solely responsible for any and all of its own Submissions made available through the Services (collectively, “User Submissions”). Because we do not control User Submissions, you acknowledge and agree that we are not responsible for any User Submissions, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Submissions. Your interactions with other Users are solely between you and such Users. You agree that Precious Sound will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other User, we are under no obligation to become involved.

5. Shipments, Returns and Exchanges.

1. Shipping; Delivery. Unless otherwise agreed to in writing, you may order a record, iconic collectible, or accessory through our website (a “Product”). Products will be shipped to the address you provide. We can only ship to complete and correct addresses. We cannot ship to PO boxes, and will require signature confirmation. Unless otherwise set out in writing, you are responsible for all shipping and handling charges, which we will specify during the ordering process. Risk of loss and title for an ordered Product pass to you upon delivery of the Products to the carrier. You are solely responsible for filing any claims with carriers for damaged and/or lost shipments. Any shipping dates provided are approximate and not guaranteed. We are not liable for any delays in shipments.
2. Submitting a Return. If for any reason you decide to return a Product that you purchased from our Site, you must submit a return request (a “Return Request”) by emailing our service team at care@precioussound.com no later than fourteen (14) days after your receipt of a Product. In connection with your Return Request, you may be asked to provide, amongst other information: (i) your name, address, email address, and telephone number and (ii) a copy of your receipt or other comparable proof of purchase for the Product being returned. Upon verification, we will provide you with a shipping label to return the Product. The Product must be shipped within ten (10) days from your receipt of the shipping label. We reserve the right to refuse a return if it is initiated more than fourteen days after your receipt of a Product or more than ten days after your receipt of a shipping label.
   Unless otherwise communicated by us in writing during the return process, we will process a return less a $10.00 return shipping fee within about two weeks of our receipt of a returned Product. For the avoidance of doubt, we may, in our sole discretion, refuse to process a return shipped later than ten days after Your receipt of a shipping. Should we choose to process a Product shipped later ten days after your receipt of a shipping label, you will incur a restocking fee amounting to thirty percent (30%) of the sales price of the Product.
3. Return Exclusions. Precious Sound does not accept returns of Products purchased from other retailers. Those Products are subject to that retailer’s return policies and Precious Sound disclaims any liability with respect to the return of such Products.
   Additionally, Precious Sound does not accept a return of any Product(s) if the Product:
   is not in its original condition with all original packaging,
   was marked at the time of sale as a “final sale” item,
   was purchased in bulk (i.e., six or more of the same Product),
   is returned via a return (i) initiated more than fourteen (14) days from the date the Product was delivered by or on behalf of Precious Sound to you or your designated recipient or (ii) shipped to Precious Sound more than ten (10) days from the date the Product return was initiated;
   is returned by any person other than (i) the original purchaser of the Product or (ii) a subsequent owner who can provide proof of the initial purchase of the Product, or
   is returned from outside of the Territories.
4. Refunds. Precious Sound does not take title to returned Products, and risk of loss does not pass to Precious Sound, until the Product is received by Precious Sound. Unless otherwise agreed by Precious Sound, you are responsible for filing any claims with carriers for damaged and/or lost return shipments. Once the Product has been returned to Precious Sound as set out herein and the return has been received and processed, Precious Sound will issue a refund to the original payment method used to purchase the Product for the full amount of the original purchase price (including any associated sales tax), minus the shipping and handling costs incurred by Precious Sound in connection with your Return Request and any applicable restocking fees. For items given or received as a gift, Precious Sound is only able to issue a refund to the payment method used by the original purchaser. Unless prohibited by law, any shipping and handling charges paid for the original purchase will not be refunded.
5. Exchanges. Precious Sound does not currently permit exchanges of any Products.

You may pay for any Products you order directly through the Site via the available payment options at checkout. Payments are processed through third party payment providers like Shopify and Stripe. Precious Sound does not have access to or collect your payment information. By submitting your payment information on our Site, you authorize us or the third-party payment processing service provider that we engage to charge your credit card or other banking information. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase and you authorize Precious Sound or the third-party payment processing service provider that we engage to charge for any taxes and fees. All payments will be made in advance prior to shipping any Products ordered directly through the Site. If your order cannot be fulfilled for any reason, Precious Sound reserves the right to terminate your purchase and refund any charges previously made for this order. All sales and payments will be in US Dollars.

7. Termination.

We have the right to terminate the Agreement or revoke any and all of your rights granted under the Agreement with or without prior written notice. Upon termination of this Agreement, you will immediately cease all access to and use of the Site and we will, in addition to any other legal or equitable remedies, revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement will not affect the respective rights and obligations of the parties arising before the date of termination.

8. International Use.

This Site can be accessed from countries other than the United States, and may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

9. DISCLAIMER OF WARRANTIES.

PRECIOUS SOUND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARISING FROM OR RELATED TO USE OF THE SITE TO THE FULLEST EXTENT LEGALLY PERMITTED. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE SITE.

10. LIMITATION OF LIABILITY.

YOU AGREE THAT PRECIOUS SOUND, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES TO THE FULLEST EXTENT LEGALLY PERMITTED. THE CUMULATIVE LIABILITY OF PRECIOUS SOUND TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, OR YOUR USE OF THE SITE AND/OR SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WILL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT PAID TO PRECIOUS SOUND FOR A PARTICULAR PURCHASE OF A PRODUCT. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

11. Basis of the Bargain.

You acknowledge and understand that the warranty disclaimers and limitations of liability set forth in sections 9 and 10 form an essential basis of the agreement between the parties hereto, that the parties have relied upon such disclaimers and limitations of liability, and that absent such disclaimers and limitations of liability, the terms and conditions of this Agreement would be substantially different.

12. Gift Cards.

The following terms under the “Gift Cards” heading relate to you as the purchaser or user of gift cards from the Site (“Gift Cards”). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT PURCHASE GIFT CARDS THROUGH THE SITE.

1. Purchasing and Redemption. By purchasing Gift Cards through the Site, You certify and represent to Precious Sound that the activities in connection with which the Gift Cards will be used will comply with these Terms and all applicable laws, rules, and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or Precious Sound, including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other Precious Sound-related entity. If the Gift Card is purchased for an individual other than You, the recipient of the Gift Card will be mailed the Gift Card to address You provide during the purchase. In the event the recipient does not have an Account at the time of receiving the Gift Card, they will be prompted to create an Account in order to redeem the Gift Card. An Account is required in order to purchase or redeem a Gift Card.
   
   You may purchase Gift Cards for any value between $50 and $3,000 US dollars. The amount of the Gift Card you purchase will be charged to you according to your selected payment option when you confirm the purchase of the Gift Card. Personal information that You provide in connection with the purchase or redemption of Gift Cards will be governed by the Precious Sound Privacy Policy. Gift Cards may only be redeemed toward the purchase of eligible products on the Site. Redemption of Gift Cards on the Site is subject to change in Precious Sound’s sole discretion. Purchases are deducted from the Gift Card balance. Any unused balance will be placed in the recipient’s Precious Sound Account when redeemed. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other payment method accepted by Precious Sound. You may be able to obtain your gift card balance by contacting Precious Sound customer service at care@precioussound.com. If a Gift Card balance is relayed to You by a Precious Sound customer service agent, it is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time. Gift Cards never expire and there is no dormancy fee.
2. Use and Limitations. Gift Cards cannot be used to purchase other gift cards. To the fullest extent legally permitted, Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. Unused Gift Card balances may not be transferred. Unless otherwise required by law, Gift Cards are not returnable or refundable for cash. If applicable law permits the card-holder cash-out a Gift Card, such request may be made to care@precioussound.com. To the fullest extent permitted by law, Gift Cards may not be sold or bartered to third parties. Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via sites, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) without Precious Sound’s prior written approval. Use of Precious Sound’s name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Precious Sound Gift Cards is strictly prohibited. Furthermore, the use of Precious Sound Gift Cards in any manner that states or implies that any person, site, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, Precious Sound, or any of its subsidiaries or affiliates is prohibited.
3. Risk of Loss; Fraud. If Your Gift Card is lost or stolen, immediately contact customer service at care@precioussound.com. Your Gift Card will be cancelled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any. Lost or stolen Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to Precious Sound. Precious Sound and its affiliates are not liable to You for lost or stolen Gift Cards, or use of any Gift Cards by third parties through Your Account that is not attributable to the negligence or misconduct of Precious Sound. You are responsible for keeping the username and password for Your Account safe and for any activity conducted under Your Account that is not attributable to the negligence or misconduct of Precious Sound. Notwithstanding the above, the risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. The Gift Cards never expire, nor is there a dormancy fee, but we are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission for reasons not attributable to the negligence or intentional or reckless misconduct of Precious Sound.
4. Gift Cards are issued by Precious Sound, Inc., a Delaware corporation.

13. Indemnification.

You agree to indemnify and hold harmless Precious Sound, its affiliates, and their respective officers, directors, employees, and agents (the “Indemnified Parties”) from any and all liabilities, claims, expenses and damages, including reasonable attorneys’ fees and costs, arising out of or in any way related to your breach of this Agreement, your use of the Site or Services or in connection with your Account or any other person’s use or access to your Account, with or without your permission. This provision does not require you to indemnify any Indemnified Party for such party’s gross negligence, intentional or reckless misconduct or fraud in connection with the Site. You agree that the provisions in this section will survive any termination of your Account, this Agreement, or your access to the Site.

This Site may contain links to other sites on the internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

This Agreement will be interpreted and construed in accordance with the laws of the State of New York, without regard to any conflict of laws principles. Each party hereby irrevocably consents to the exclusive jurisdiction of the State and Federal courts sitting in New York County, New York for the purpose of hearing and deciding any and all disputes, claims and controversies arising out of and relating to this Agreement. To the extent the Parties are permitted under this Agreement to initiate litigation in a court, both you and Precious Sound agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in either a small claims court of competent jurisdiction or the state or federal courts located in New York, New York.

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Precious Sound and limits the manner in which you can seek relief from us.

1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any Products sold or distributed through the Site, or to any aspect of your relationship with Precious Sound, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (ii) you or Precious Sound may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement. IF YOU AGREE TO ARBITRATION WITH PRECIOUS SOUND, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST PRECIOUS SOUND ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST PRECIOUS SOUND IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
2. Arbitration Rules and Forum. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Precious Sound will pay them for you. In addition, Precious Sound will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Precious Sound will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
3. Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Precious Sound. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
4. Waiver of Jury Trial. YOU AND PRECIOUS SOUND HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Precious Sound are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 11 (a). above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in Section 15.
6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Precious Sound, Inc., 80 Pine Street, 24th Floor, New York, NY 10005, or by email at care@precioussound.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Precious Sound username (if any), the email address you used to set up your Precious Sound Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
7. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Precious Sound.
9. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Precious Sound makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Precious Sound.

17. Miscellaneous

1. Severability/Waiver. If any these provisions are deemed invalid, void, or for any reason unenforceable, that condition will not affect the validity and enforceability of any remaining provision. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement will impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived.
2. Notice. Any notice, demand or report required or permitted under this Agreement will be given in writing by personal delivery, by certified or registered mail return receipt requested, or by overnight courier, directed to the address of the Party stated herein or to such other address as may be substituted by notice to the other party. All notices will be effective upon actual receipt or refusal of delivery. You may give notice to Precious Sound at the following address: Precious Sound Inc., 80 Pine Street, 24^th Floor, New York, NY 10005.
3. Electronic Communications. The communications between you and Precious Sound use electronic means, whether you visit the Site or send us emails, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you (i) consent to receive communications from Precious Sound in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Precious Sound provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights.
4. Release. You hereby release the Indemnified Parties (as defined above) and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site or any Precious Sound products or services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of the Site. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by an Indemnified Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any services provided hereunder.
5. No Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Precious Sound’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
6. Force Majeure. Precious Sound will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, endemics, pandemics, public health emergencies, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
7. Notice to California Customers. Under California Civil Code Section 1789.3, customers from California 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 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
8. Entire Agreement. This Agreement is the final complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.