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Dillo Mobile App, DilloStores.com Website, Dillo Web Portal, Dillo Stores User Terms and Conditions

THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF SERVICES (“SERVICES”). BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

0. DEFINITIONS

-Magic Retail Labs Inc. (“Dillo”) is a convenience retailer and a technology solutions provider facilitating its end customers with unattended stores that deliver a hyper-convenient shopping experience.

-You (“You” or “End User”) are the end user of the Dillo’s solutions and therefore the buyer of the Dillo’s goods and services.

-Services are those provided by Dillo to You include the Dillo Stores, Dillo Mobile App, Dillo Web Portal, a Dillo Store Kiosk, DilloStores.com website.

1. ACCOUNT

As part of the Dillo Mobile App and Dillo Web Portal solutions, Dillo makes available a functionality whereas you may create an Account for easy access to a Dillo Store, to get email receipts upon a purchase, and to be able to prepay for goods (buy Dillo Wallet balance). You acknowledge that this said prepayment (Dillo Wallet balance) is not stored value, not a cash equivalent, and not refundable. It is a prepayment for goods to be purchased from Dillo at a later time and a method of great convenience to make purchases fast and easy. Such prepayment is done with a credit/debit card using the Dillo Mobile App or Dillo Web Portal (solutions in question in these Terms and Conditions).

An Account may be created at the Dillo Mobile App, Dillo Web Portal, or a Dillo Store Kiosk, and at a minimum you will be required to provide a name, last name, to have a valid email address and establish a password. You agree that such log in information is confidential, that you will keep it secure, and that you accept all risk associated with it, including unauthorized access to your account. Should your information become compromised or you suspect any security breaches related to the Services, you agree to immediately notify Dillo at support@dillostores.com.

You agree you shall not, (and shall not authorize any act or omission that would) sublicense, loan, sell, assign, lease, rent, transfer, act as a service bureau, distribute or grant the same or similar rights in the Account provided by Dillo under this Agreement to any other person or entity without the prior written consent of Dillo. Dillo may assign these Terms of Use, in whole or in part, at any time with or without notice to you.

The Services are not directed to children under 13. By using the Services, you represent and warrant that (1) you are 13 years of age or older, or (2) that you are using the services with the permission and under supervision a parent or legal guardian who agrees to be bound by these Terms. Our primary means of making a prepayment (Dillo Wallet balance) is a credit card, which are not available to children under the age of 18, and generally may not be used by children without a parent or legal guardian who has given the child consent. We will not knowingly collect, maintain, or disclose any personally identifiable information from a child under 13, unless that Account was opened and registered by the respective child’s parent or guardian and has verified consent for the account. Please see our privacy policy for details.

2. ACCOUNT (DILLO WALLET) BALANCES. PREPAYMENTS AND POSSIBLE NEGATIVE BALANCES.

You do not need to maintain a Positive Prepayment Balance in your Dillo Wallet in order to access and purchase goods at Dillo Stores. The ability to add a balance to your account (a prepayment) is available to you as a convenience for ease of access and purchasing. If you do hold a Balance, this prepayment is in the hands of Dillo, may be used by you in the purchase of goods from the Dillo Stores, and is non-refundable. When purchasing goods from a Dillo Store, you select the method of payment to be employed, which may be any positive wallet balance. If an account balance is insufficient to cover a transaction, the default credit/debit card will be used to cover the remaining portion. If such transaction is declined, your account balance may turn negative. The Dillo App will remind you to add balance and cover your negative wallet balance in order for you to be granted access to Dillo Stores again.

3. CLOSING YOUR ACCOUNT

You may deactivate your Account at any time by contacting Dillo at support@dillostores.com

Account Charges and Fees.

Dillo does not charge you any fees for opening a Dillo account or for the use of the Dillo Stores. Dillo accounts do not have expiration dates.

Escheatment of Dormant Accounts. If you do not log in to your Account for more than twelve months Dillo may choose to close your Account and is not liable to you with regards to your outstanding Balance.

4. PAYMENTS, TAXES, AND REFUND POLICY

In the Dillo Mobile App, the Dillo Web Portal, and a Dillo Store Kiosk, Dillo uses one or more merchant acquirers (also called card processors) in order to facilitate debit or credit card payments towards goods you are purchasing from Dillo Stores and towards any Balance you may wish to add to your Wallet. You agree that you will pay for or fund all of the prepayment value that you are through this means adding to such Account and you agree to pay for products and services you purchase from Dillo at its stores.

You acknowledge that Dillo stores currently only allow one party transacting at a time. This means that if several people are taking product inside the store at the same time, all are considered to be part of the same party and taken product being identified by the Dillo system is interpreted as being purchased by the user that initially accessed the store with the Dillo App. As such, You agree to pay for all goods being purchased by your party, and you must precisely be careful not to let other users into the store until you have finished your purchase session and have closed the door behind you. All sales of products are final. Please contact Dillo Support directly by using the Mobile App’s or Web Portal’s feedback feature if you need assistance or want to voice a concern.

5. PURCHASING AND BILLING PROCESS

When you use Dillo Stores to purchase goods, meaning you take product physically from inside a Dillo Store and remove it from its premises, You acknowledge that you are buying those goods from Dillo and You are responsible for paying Dillo for all such goods. The fact that your wallet balance may be insufficient and/or that your card payment may decline does not exempt you from still needing to honor such payments. You therefore understand and accept that Dillo may need to use any wallet balance you may have available, or charge additional cards you may have entered in the Dillo App or presented at the Dillo Store Kiosk, retry your card at a later date, or charge a new card that you may enter in the future.

When you use a Dillo Store Kiosk, Dillo Mobile App, or Dillo Web Portal to make a prepayment and add value to your wallet account, your funding instrument will be billed at the time of such transaction.

When accessing a Dillo Store, whether or not you have remaining wallet balance, we may obtain a pre-authorization from your chosen Credit or Debit card for an amount stipulated by Dillo and which may change from time to time (“Pre-Authorization”).

At the time you finish your transaction at the Dillo Store, this pre-authorization will be released and the exact amount of your purchase will be billed to your funding instruments, first your wallet balance and then your credit/debit card on file for any remaining amount. In some cases We may have to run a second card transaction in order to fund the full purchase (“Closing Transaction”).

Should a pre-authorization decline, Dillo reserves the right to restrict your access to a Dillo Store.

Should a closing transaction decline and any portion of your purchase be left unpaid, Dillo will let you know via a message in the Dillo Mobile App and by email, so you can promptly proceed to successfully add wallet balance and cover such previously unpaid portion. Your further access to Dillo Stores may be restricted until You do.

6. MERCHANT OF RECORD

In using the Dillo Stores Kiosk, Dillo Mobile App, Dillo Web Portal Micro Market to purchase products or services or wallet balance, Dillo is the Merchant of Record for that transaction.

7. ACCOUNT BALANCE, ALLOWANCES, PROMOTIONAL VALUE, GIFTS, GIFT CERTIFICATES, DILLO AS FACILITATOR

Dillo shall be the facilitator of any solution where a prepayment will appear as balance in your account. Balances, Allowances, Promotional Value, Gifts and Gift Certificates are issued by and managed by Dillo. When your Account is used for a transaction at a Dillo Store, the amount of that transaction is deducted from your account at the time of your transaction.

Dillo is not responsible for lost or stolen Balances, Allowances, Promotional Value, Gifts and Gift Certificates or lost or stolen username / password. Risk of loss and title for Balances, Allowances, Promotional Value, Gifts and Gift Certificates transmitted electronically pass to the purchaser upon electronic transmission to the recipient.

Dillo, AND ITS LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO BALANCES, ALLOWANCES, PROMOTIONAL VALUE, GIFTS AND GIFT CERTIFICATES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT BALANCES, ALLOWANCES, PROMOTIONAL VALUE, GIFTS AND GIFT CERTIFICATES ARE NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH BALANCES, ALLOWANCES, PROMOTIONAL VALUE, GIFTS AND GIFT CERTIFICATES. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.

8. PROMOTIONAL VALUE AND GIFTS

Dillo may decide to offer promotions where prepayments are rewarded with an extra value. Dillo may also offer You Gifts, for example Wallet Value, in order to promote the use of the Dillo store or certain products. In all cases You accept that You being one end user of our Services, are only entitled to such Promotion or Gift once and that such Promotion or Gift is untransferrable. This is regardless of how many accounts you have created with Dillo.

“Gift” is a generic term for products purchased from the Dillo Stores or Balances funded into an account by someone other than the end user. Non-compliance with this clause is considered abuse and is a restricted activity defined in Clause 10.

9. PRIVACY

By using the Services, you consent to being recorded by cameras in the Dillo Stores and surreounding location(s). In addition, you understand and agree that when you use the Services Dillo will have access to the video recording and any data that may be derived from your use of the Services. By using the Services, you consent to our processing your information consistent with our Privacy Statement. You acknowledge and agree that we may collect, use, access, preserve and disclose your account or user information (if such information exists) as described in our Privacy Statement, including, without limitation, if required to do so by Law or pursuant to a good faith belief that access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any of your acts violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Dillo, its users and the public.

10. RESTRICTED ACTIVITIES.

In connection with your use of the Dillo Stores, Dillo Mobile App, Dillo Web Portal, DilloStores.com website, Dillo Services, or in the course of your interactions with Dillo, other Users, or third parties, you will not:

  • Cause any damage to the Dillo stores, their infrastructure, cameras, equipment, facilities, or product

  • Abuse our Promotions or Gift policies, as stated in clause 8

  • Attempt to take from the Dillo stores in a manner that is intended to avoid detection from the Dillo technology and effectively shoplift

  • Force open and/or leave open a Dillo Store door, thus allowing visitors to access the store premises without their own use of Dillo technology

  • Breach this Agreement, or any other agreement or policy that you have agreed to with Dillo;

  • Violate any law, statute, ordinance, or regulation or engage in harassment of other Users, employees or agents;

  • Infringe Dillo’s or any third party’s intellectual or proprietary property rights (such as copyright, patent, trademark, trade secret or other, or rights of publicity or privacy);

  • Provide Misleading, inaccurate or false information;

  • Fund your account with fraudulent funds, or receive fraudulent funds;

  • Failure to cooperate in an investigation or failure to provide information needed for compliance with legal obligations or this Agreement;

  • Receive or attempt to receive funds from both Dillo and, bank or credit card issuer for the same transaction, in the event of a dispute;

  • Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;

  • Commit chargeback fraud against Dilllo;

  • Use your Account or the Dillo Services in a manner that Dillo or credit card issuers (Visa, MasterCard, American Express, Discover) or any other electronic funds transfer network reasonably believes to be a violation of the card system or card association or network rules;

  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any attack on the system including programming routines that may damage any system, data or Information (viruses, Trojans, worms or other computer programs or subroutines that , detrimentally interfere with, surreptitiously intercept or expropriate information; or use any device, software or routine to affect or attempt to interfere with our website or mobile apps or the Dillo Services; use an anonymizing proxy; any automatic or manual process to monitor or copy our website or mobile apps without our prior written permission;

  • Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;

If Dillo in our sole discretion, believe you have engaged in any Restricted Activities, to protect ourselves or any third party, from any liability (fines, claims, fees) we may without limitation: suspend, or limit your access to your Account or the Dillo Services, or even close it. Dillo, in its sole discretion, reserves the right to terminate this Agreement, access to its website, mobile apps, or access to the Dillo Services for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in your Balance. If we find you have violated any part of the Restrictive Policy We reserve the right to refuse to provide the Dillo Services to you in the future or take legal action against you or both.

In the event Dillo receives notice of a court order or other legal process that affects your account, Dillo will give notice of a such limitation it shall make to comply with a court order or other legal process, unless the court order or other process directs that Dillo not provide you notice, in which case it won’t (due to the court superseding any notice obligation Dillo has undertaken or agreed to under the terms of this Agreement). Dillo has no duty or obligation to contest or appeal from any such order or process.

11. UNAUTHORIZED ACTIVITY AND ERRORS

You should immediately notify Dillo if you believe there has been unauthorized activity or any error on your account, if your password has been lost or stolen or if your mobile device has been lost or stolen.

For Errors or Unauthorized Transactions Write to Dillo, Attn: Dillo Support, by email at support@dillostores.com . If you notify us, please provide us with all of the following information: Your name and email address registered to your Account, A description of any suspected or and an explanation as to why you believe it is incorrect or why you need more information to identify the transaction; The dollar amount of any suspected Error or Unauthorized Transaction. After you notify us of any suspected Error or Unauthorized Transaction, or we otherwise learn of one, we will conduct an investigation to determine whether there has been an Error or Unauthorized Transaction that is eligible for refund. We will complete our investigation within 14 Days of the date we received your notification of the suspected Error or Unauthorized Transaction. If your Account is new (the first transaction from your Account was less than 30 Business Days from the date you notify us), we may take up to 30 Days to complete this investigation. If we need more time, we may take up to 45 Days to complete our investigation (or up to 90 Days for new Accounts, or if your transaction was at a point of sale where you were physically present, or a foreign initiated transaction). If we decide that we need more time to complete our investigation, we may authorize you to create a separate account for use while the investigation is under way. We will inform you of our decision within 3 Business Days after completing our investigation.

Results. If we determine that there was an error, we will promptly credit the full amount of the error into your Account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts. If we decide that there was not an error, we will include an explanation of our decision in our email to you. If you received a provisional credit, we will remove it from your Account and notify you of the date and amount of the debit. You may request copies of the documents that we used in our investigation

Dillo Processing Errors. We will rectify any processing error that we discover.

If the error results in Dillo having charged You a larger amount than what You effectively purchased at a Dillo Store, Dillo will credit your Wallet balance for the difference. If the error results in Dillo having charged You a lower amount than what You effectively purchased at a Dillo Store you authorize Dillo to debit your wallet balance or even to charge your card on file for the difference if needed.

If the error results in funding less wallet balance than the correct amount into your account, Dillo will credit your Account for the difference. If the error results in your receipt of more wallet balance than the correct amount to which you are entitled, Dillo will debit the extra funds from your Account.

You may have credit card chargeback rights. Chargebacks may be filed up to 120 Days after the payment, depending on your issue. We strongly suggest You contact Dillo Support with any claim or complaint before pursuing your Chargeback Rights. You may pursue the Cargeback route but you may not pursue both at the same time or seek a double recovery. If you have an open Dispute or Claim with Dillo, and you also file a Chargeback with your credit card company, Dillo will close your Dispute or Claim, and you will have to rely solely on your Chargeback rights. You understand that in order to claim an Item Damaged or Spoiled you will need to take a photo of the Item in question in the market in order to process the claim. You also agree that if you have received a refund that you are not able to then file a chargeback.

12. DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. (I) Dillo; (II) THE PROCESSORS, SUPPLIERS OR LICENSORS OF Dillo; OR (III) ANY OF THE RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES OF ANY OF THE ENTITIES LISTED IN (I) OR (II) ABOVE (COLLECTIVELY, THE “DISCLAIMING ENTITIES” AND INDIVIDUALLY A “DISCLAIMING ENTITY”) DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND THE CONTENT CONTAINED THEREIN, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT ANY DISCLAIMING ENTITY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY THE DISCLAIMING ENTITIES OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL THE DISCLAIMING ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITH NO LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES AND THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO, ANY BALANCES, PROMOTION OR PROMOTIONAL VALUE, RELATED PRODUCTS AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE REDEEMABILITY OF CARDS CODES OR PROMOTIONS), THIRD-PARTY SERVICES AND/OR THIRD-PARTY MATERIALS, OR USER GENERATED CONTENT, 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 THE DISCLAIMING ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE DISCLAIMING ENTITIES’ TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY FEES PAID FOR THE SERVICES (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, WITHOUT LIMITATION, THE COST OF ANY CARD CODE OR PROMOTIONAL VALUE OR THE COST OF ANY PRODUCTS OR SERVICES PURCHASED WITH A CARD CODE OR PROMOTIONAL VALUE).

14. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Dillo, its affiliates, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Dillo Stores.com or Dillo Cater websites; (b) any Content or Ideas you provide; (c) your violation of these terms and conditions; (d) your violation of any rights of another; or (e) your conduct in connection with the Dillo Mobile App, Dillo Web Portal, or Dillostores.com website. Dillo shall be allowed to control the defense in the case of any legal action.

You also agree to indemnify Dillo for any of your actions that leads to property damage at a Dillo Store, including but not limited to direct vandalism, tinkering with sensors, cameras, or electronics, as well as keeping the store’s door open for other visitors to access.

15. DISPUTES WITH Dillo.

You and Dillo agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Section with Dillo. Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.

Please, Contact Dillo First. Our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Dillo regarding the Dillo Services may be reported to Dillo Customer Service support@dillostores.com at any time.

Applicable Law. You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Dillo, except as otherwise stated in this Agreement.

Release of Dillo. If you have a dispute with one or more End Users, or a product manufacturer with whom we cannot assist, you release Dillo (our Affiliates, and our and their respective officers, directors, agents, joint ventures, employees and suppliers) from any and all Claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections, whether statutory or otherwise that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. The failure of Dillo to exercise in any respect any right or remedy provided for herein shall not be deemed a continuing waiver or a waiver, partial or complete, of any future breach or any other right or remedy hereunder.

State Agencies. In addition to reporting complaints against Dillo to us described above, if you are a California resident, you may be able to report complaints to the California Department of Financial Institutions at its toll-free telephone number, 1-800-622-0620, by e-mail at consumer.complaint@dfi.ca.gov, or by mail at Department of Financial Institutions, Consumer Services, 1810 13th Street, Sacramento, CA 95811. Florida residents may be able to contact the Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 1-800-342-2762. If you are a California resident, you have a right to receive information and notices by email. To make such a request, you may do so my email or you may send a letter to us at the following address: Magic Retail Labs Inc., 3243 Spider Lily, San Antonio, TX 78258

Class Action Waiver. YOU AND Dillo AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration you and Dillo each waive any right to a jury trial. You and Dillo also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights

Agreement to Arbitrate. You and Dillo each agree that any and all disputes or claims that have arisen or may arise between you and Dillo shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. UNLESS BOTH YOU AND Dillo AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER Dillo USERS.

Arbitration Procedure. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Dillo users, but is bound by rulings in prior arbitrations involving the same Dillo user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will take place in San Antonio, Texas.

Severability. With the exception of the provisions in the Class Action Waiver subsection of this section, if a court decides that any part of this Disputes section is invalid or unenforceable, the other parts of this section shall still apply. If a court decides that any of the provisions in the Class Action Waiver is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement, including all other provisions of this Section (Disputes with Dillo), will continue to apply.

Opt-Out Procedure. You can choose to reject this Agreement to Arbitrate (“opt out”) by mailing us a written opt-out notice (“Opt-Out Notice”). For new Dillo users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept this Agreement for the first time. You must mail the Opt-Out Notice to Dillo Systems, Inc., Attn: COO, 3243 Spider Lily, San Antonio, TX 78258

The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address(es) used to log in to the Dillo account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement, including all other provisions of this Section (Disputes with Dillo), will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. If you agree to opt out of arbitration, you agree to settle all legal issues in the state and federal courts located in Bexar County, Texas.

16. Electronic Delivery of Communications.

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Dillo account (“Account”) and your use of our services. You agree that Dillo may rely on your information as complete and accurate.

Withdrawing Consent. You may withdraw your consent to receive Communications electronically by writing to us at Magic Retail Labs Inc., 3243 Spider Lily, San Antonio, TX 78258, or, electronically, contacting us by email at support@dillostores.com

Who To Talk To About Your Privacy Questions

If you have any questions comments or concerns regarding this privacy policy, please contact us at support@dillostores.com or writing to us at Magic Retail Labs Inc. 3243 Spider Lily, San Antonio, TX 78258

17. TERM

The Agreement is effective upon the date you agree to it (by electronically indicating acceptance) and continues so long as you use the Service or until terminated by you or Dillo.

18. FORCE MAJEURE

No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations under Section 10, including without limitation for Reversals, Chargebacks, Claims, fines, fees, refunds or unfulfilled products and services.

Last Updated July 13th, 2023


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