These Terms of Service (the “Terms”) are entered into between you and The Cobblers, its parents, affiliates, and related companies (“The Cobblers,” “we,” “us,” “our”). The following Terms govern your access to and use of repair, restoration, and customization services provided through The Cobblers (the “Services”) for goods including but not limited to handbags, shoes, sneakers, luggage, belts, wallets, and hats, including your access to and use of our website located at thecobblers.com, its microsites, mobile website, mobile applications, and your use of interactive features, widgets, plug-ins, content, products, assets, downloads and/or other online services that we own or control or that post a link to these Terms (collectively, the “Website”).
The Cobblers reserves the right to make changes to these Terms at any time. Such changes, modifications, additions, or deletions shall be effective when specified in the relevant notification to you or, if the change is immaterial, immediately upon posting on the Website. Any use by you of the Website after such revisions shall conclusively be deemed to be acceptance by you of such changes, modifications, additions, or deletions. You agree to review these Terms periodically to be aware of such revisions.
NOTICE: Your use of the Website or the Services is subject to an arbitration provision requiring any claim or dispute with The Cobblers to be resolved by way of binding individual arbitration. By agreeing to these Terms, you and The Cobblers hereby waive any right to participate in a class-action lawsuit or class-wide arbitration.
ACCESS AND USE OF THE WEBSITE
Subject to the following section on “Age Requirements for Purchases,” registration and participation on the Website is restricted to those individuals at least 13 years of age.
We are a general audience site and do not direct any of our content specifically at children under 13 years of age. By using this Website, you affirm that you are at least 13 years of age. If you are under 13 years of age, do not use the Website. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or suspect that a Website user is not at least 13 years of age, we will promptly delete any personal information in that user’s account.
You must be at least 18 years of age complete purchases on the Website.
Modifications to the Website
We have the right at any time and from time to time to change or discontinue any aspect or feature of the Website including, but not limited to, the content, products, hours of availability, and technological requirements needed for access or use. We will use reasonable endeavors to ensure that confirmed orders for products are not affected by any change or discontinuation made in accordance with this paragraph. We will not be liable if for any reason all or part of the Website is unavailable at any time or for any period.
If you choose a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge and agree that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security, including but not limited to, if you lose your user name or password. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if you have violated any provision of these Terms.
Certain areas of the Website contain message, chat, or communication features, such as the Artisan Support Request Form, etc. (collectively, “Interactive Feature(s)”). To the extent these features are available to you, you agree to use the Interactive Features only to post, send, and receive messages and material that are proper and relevant to The Cobblers’ business. You agree to use any Interactive Features in accordance with these Terms.
The Cobblers does not control or endorse the content, messages, images, or information found in any Interactive Feature and specifically disclaims any liability with regard to the Interactive Feature and any actions resulting from your use of the Interactive Feature. The Cobblers reserves the right to review content posted to an Interactive Feature and to remove any content at any time without notice to you for any reason whatsoever.
Copyrights, Trademarks and Other Proprietary Rights
When accessing the Website or using the Services, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit to us.
All content on the Website, including text, hidden text within our source code, software, photos, video, graphics, displays, music, sound, and the design, selection, and arrangement thereof, is subject to protection by copyright, trademark, and other proprietary rights.
All trademarks appearing on the Website are the property of their respective owners, including, in some instances, The Cobblers. Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by The Cobblers or any third-party.
You may print or have printed by any third-party any downloadable material contained on this Website provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright, author attribution, trade mark, legend or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Website without the express written permission of The Cobblers and the respective rights holder. You acknowledge that you do not acquire any ownership rights by downloading the foregoing protected material. If you breach the terms of this section, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
User Content; License to The Cobblers
You hereby grant to The Cobblers a worldwide, royalty-free, fully-paid up, perpetual, irrevocable, transferable, sublicensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media or technology now known or later developed, all communications, including but not limited to all product reviews, remarks, submissions, ideas, concepts, pictures or other information that you transmit to or through this Website (“User Content”), whether by email, uploading or otherwise. You will not be compensated for any User Content. By sending User Content to us, you warrant and represent that you own the rights to the User Content or are otherwise authorized to distribute, display, perform, transmit, or otherwise distribute User Content. You agree that The Cobblers may publish or otherwise disclose your name in connection with your User Content. You understand and acknowledge that you are responsible and assume any risk for any User Content, including the legality, reliability, accuracy, and appropriateness of such content. The Cobblers neither endorses nor is responsible for any User Content and will not be liable for any loss or damage caused by your reliance on such User Content.
You agree that any User Content by you will not contain material that:
- is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, discriminatory or otherwise objectionable;
- is false, misleading or inaccurate;
- promotes sexually explicit content;
- poses a reasonable threat to personal or public safety;
- infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- contains any unsolicited or unauthorized advertising or promotional materials (e.g. spam, junk mail, or any other form of solicitation that is in violation of the CAN-SPAM Act, CCPA, or any other law); or
- contains any virus or other harmful component.
YOU SHALL BE SOLELY LIABLE FOR ANY HARM RESULTING FROM ANY OF THE ABOVE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COBBLERS FROM ANY CLAIMS, ACTIONS, LOSSES, HARM, DAMAGE, INJURY, COST, OR EXPENSE ARISING OUT OF OR RESULTING FROM USER CONTENT.
You agree not to access or use the Website or the Services for any purpose that is unlawful or prohibited by these Terms, including without limitation, to:
- transmit any information or message that contains unlawful, infringing, threatening fraudulent, libelous, defamatory, obscene or abusive information or language;
- falsify or delete any author attributions, legal or other proper notices or propriety designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- impersonate any person or entity without proper authorization from that person or entity;
- falsely state or misrepresent your affiliation with any person or entity, including the origin of any information you provide;
- reproduce, duplicate, copy, download, store, further transmit, disseminate, distribute, transfer, or otherwise exploit the Website, or any portion thereof, without the prior written consent of The Cobblers, except that content on the Website may be viewed, reproduced, and downloaded solely for your own authorized use and is not in use or shared in any way that is commercially prejudicial to or competitive with The Cobblers;
- use any device software, or routine to interfere or attempt to interfere with the proper working of the Website, or attempt to probe, scan, test the vulnerability of, or breach the security of any The Cobblers’ system or network;
- interfere with or attempt to interfere with any software making up a part of the Website, by way of circumvention, reverse engineering, deciphering, decompiling, disassembling, decrypting, or otherwise;
- introduce any viruses, trojan horses worms, logic bombs, or other material which is malicious or technically harmful;
- use any robot, spider, intelligent agent, other automatic device or manual process to search, monitor, or copy the Website, or the reports, data, information, content, software, products or other materials on, generated by or obtained from the Website or any other unauthorized automated means to compile information without The Cobblers’ permission, with the exception of generally available third-party web browsers;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Website;
- use the Website in any manner that could do damage or overburden The Cobblers’ server, or any network connected to The Cobblers’ server, as all servers have limited capacity and are used by many people;
- upload or transmit any communication, software, or material that contains a virus or is otherwise harmful to The Cobblers or our users’ computers and/or systems;
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Website or the Services, or that in our sole discretion, exposes us or any of our users, employees, affiliates, or any other third-party to any liability, damage, or detriment of any type;
- advertise, offer to sell, or buy any goods or services for any business purpose, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- infringe any third-party rights, including rights under copyright, patent, trademark, trade secret, or any rights of privacy or publicity; or
- violate any applicable laws or regulations.
Violation of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We reserve the right to preserve any material we receive from you and will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of, help identify, or locate anyone transmitting any such content.
THE COBBLERS’ SERVICES Our Services are offered subject to availability. While we do our best to ensure that availability and pricing information is current and complete, we are not liable for inaccurate information or for any information that has been omitted or is out of date. Prices for products or Services are quoted in USD. We may, from time to time, offer promotions for shipping and other discounts.
Furthermore, we reserve the right to change, limit, refuse or cancel any order you place with us in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
By entering into any transaction through the Website, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Website. If (i) your means of payment is not valid, (ii) a transaction is not authorized, (iii) your means of payment cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reason other than failure by The Cobblers to deliver the Services requested by you, (v) you have abused or misused promotions or promotion codes, or (vi) you have otherwise used the Website to enter into an improper transaction, we reserve the right to immediately terminate any pending transactions, suspend your access to the Website, and terminate all of The Cobblers’ obligations hereunder.
Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card company, or any third party discount provider shall be invalid unless: (x) you notify The Cobblers within ten (10) days from date of the applicable transaction that you wish to dispute any charge relating thereto; and (y) that you have made reasonable, good faith efforts to resolve such dispute with The Cobblers directly, and such efforts have failed. You can submit details regarding your dispute through the inbox feature: https://my.thecobblers.com/identify
If you have any questions or concerns when placing an order or if you wish to inquire about a previously placed order, please contact us through the Inbox on our site (https://my.thecobblers.com/identify) using your order number.
You may cancel your order for restoration services at any time before work has started. To request a cancellation, please submit a request through the inbox. Refunds will be issued within 5 business days, minus a $10 cancellation fee.
Artisans in our marketplace have the sole discretion of rejecting items where they believe the item was not accurately described during quoting or where a service may cause a risk to the item. If this occurs, you will be notified via the inbox, your item will be returned, and any payments made will be refunded.
Please review our refund policy
Order Placement. By placing an order on our site, you agree to have your item restored by any artisan in our network. You agree to communicating directly with the artisan via the inbox for all questions or concerns before, during and after the service.
Pricing. All items must be submitted via our quote request tool. Each item receives bespoke pricing provided by an expert artisan. Prices are subject to change based on capacity and marketplace demand. On occasion, additional services may be required or suggested upon receipt by the artisan, with customer approval.
Order Tracking. Our self-serve platform allows you to track your order every step of the way through your My Account page. You will be able to access shipping labels, invoices, cancellations, and support.
Service Times. Our marketplace strives for a turnaround time 30 - 45 days from the date the item is delivered to the assigned artisan. The artisan assigned will do everything we can to ensure that your item is restored to your satisfaction within this timeframe. The turnaround is subject to change and your order may be completed and returned prior to or after the estimated 30 - 45 days. On occasion, items awaiting material may extend beyond the expected timeframe. You will be notified of any delays in service.
After work approval. When service is completed on your item, you will receive a notification to review photos in your inbox and approve all work. By selecting approve, you agree all services were performed as expected and will pay any remaining balance in full before receiving your item. Once approved, a case for damages cannot be opened.
Pricing. All items must be submitted via our quote request tool. Each item receives bespoke pricing provided by an expert artisan. Prices are subject to change based on capacity and marketplace demand. On occasion, additional services may be required or suggested upon receipt by the artisan, with customer approval.
Loss or damage. Any lost or damaged items must be resolved between the customer and artisan assigned to the item via the Inbox. All completed work is submitted for customer approval prior to shipping. Once approved, a case for damages cannot be opened. In the rare event of a lost or damaged item, the artisan is required to notify the customer directly and work to resolve the issue. Our team monitors all communication and will mediate only if the issue has not been resolved between the artisan and customer. Lost item replacement value is determined by a combination of: verified authentication of the item, the condition in which the item was received and the current market value of the item.
To ensure the safe delivery of your item, we ask that you follow our shipping guidelines. Please package your item in an unmarked or similar delivery box. Do not include any original packaging, additional items or dust bags. We suggest providing extra protection during transit by using shipping paper, bubble wrap, or foam. Place the shipping label outside of the box with no other labels visible.
Orders must be shipped within 14 business days of placing the order. After 14 business days, orders are subject to cancellation.
The Cobblers are not liable for any loss or damage of items while in transit before or after the services. All issues or concerns related to in transit items must be resolved between UPS and the customer directly by filing a claim https://www.ups.com/us/en/support/file-a-claim.page
Our network partners can only accept shipments through UPS, with labels issued when placing the order. Other shipping carriers, including the United States Postal Service (U.S.P.S.), are not accepted.
After your order is complete and paid in full, please allow 2-5 business days for your return item to be processed. Unpaid or partially paid items will not be released.
The Cobblers currently delivers to all 50 states in the United States and does not currently support delivery to any overseas addresses, including APO addresses.
By using our platform and services, you acknowledge and agree to the payment terms and conditions set forth in this policy.
We accept all major credit and debit cards as well as payment plans via Affirm. By choosing Affirm, you are subject to their terms and conditions https://www.affirm.com/terms
All required deposits must be paid in full before work begins on your item. Deposit requirements will be specified at the time of the order. Deposit requirements are subject to change.
Any remaining balance must be paid in full before an item is returned. Any items unpaid for greater than 30 days will incur storage fees starting at $5 a month. Completed items unpaid for 6 or more months are subject to disposal.
The Website may contain certain content, features, links, and functionality that is provided by third-parties (collectively, “Third-Party Materials”) and is not under the control of The Cobblers nor is The Cobblers responsible for the accuracy, completeness, timeliness, or reliability of Third-Party Materials. Your use of and interaction with such Third-Party Materials may be subject to separate terms and conditions of that third party and The Cobblers is not responsible for any form of transmission received from any third-party. The inclusion of Third-Party Materials does not imply an endorsement by The Cobblers or any association with the third-party.
SOCIAL MEDIA FEATURES.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites;
- Send emails or other communications with certain content, or links to certain content on this Website; or
- Cause limited portions of this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You agree not to:
- Establish a link from any website that is not owned by you;
- Cause the Website or portions thereof, to be displayed, or appear to be displayed on any other website; or
- Otherwise take any action with respect to the content on this Website that is in violation of these Terms.
You may use these features solely as they are provided by us and you must not take any action that is inconsistent with these Terms. We may disable all or any social media features and any links at any time without notice in our sole discretion. If you decide to use or access any of the third-party websites linked to this Website you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
YOUR USE OF THE WEBSITE OR THE SERVICES, THEIR CONTENT, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, THE SERVICES, THEIR CONTENT, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COBBLERS NOR ANY PERSON ASSOCIATED WITH THE COBBLERS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, TIMELINESS, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE SERVICES. THE COBBLERS DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE OR THE SERVICES WILL BE UNINTERUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COBBLERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, TITLE, SECURITY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COBBLERS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF VALUE, PROPERTY DAMAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, ANY ALLEGED FAILURE OR PERFORMANCE ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITE, OR ANY ALLEGED TRANSMISSION OF COMPUTER VIRUS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL THE COBBLERS’ LIABIILTY EXCEED THE LESSER OF (A) THE AMOUNT(S) PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM; OR (B) ONE THOUSAND DOLLARS ($1,000.00).
You agree to defend, indemnify, and hold harmless The Cobblers, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms; or (b) your use of the Website or the Services, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
GOVERNING LAW, MANDATORY ARBITRATION OF DISPUTES AND CLASS ACTION WAIVER
All matters relating to the Website, the Services, and/or these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms, the Services, or the Website shall be instituted exclusively through binding individual (not class) arbitration, before one (1) arbitrator, under the Rules of Arbitration of the American Arbitration Association (“AAA”) applying Florida law in Miami-Dade County, Florida. You agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this arbitration provision or to the arbitrability of any claim or counterclaim. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees and costs only where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
In the event of a dispute, you must first send to The Cobblers, a notice of the dispute that shall include a written statement that sets forth the name, address and all relevant contact information, the facts giving rise to the dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice shall be sent by (i) electronic mail to firstname.lastname@example.org and (ii) by certified mail, Federal Express, UPS, or Express Mail (signature required) to the address below (“Notice”). The Cobblers’ address for Notice is The Cobblers, 6300 NE 4th Avenue, Miami FL 33138, Attn: Legal. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand").
If you and The Cobblers do not reach an agreement to resolve the dispute within sixty (60) days after the Dispute Notice is received, either party may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each party agrees to act in good faith to seek to resolve the dispute before commencing arbitration. During the arbitration, the amount of any settlement offer made by you or The Cobblers shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
Arbitration Procedure and Rules
The arbitration will be administered by the AAA and governed by the Consumer Arbitration Rules of the AAA (“AAA Rules”) then in force in conjunction with the rules set forth in these Terms, except that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The AAA Rules are at www.adr.org. If there is a conflict between the AAA Rules and these Terms, these Terms shall govern. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or part of these Terms is void or voidable. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Any arbitration hearings will be conducted by phone or videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the locale for such hearing shall be determined by the arbitrator in accordance with the AAA Rules.
Class Action Waiver
YOU EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. ANY ARBITRATION, CLAIM, OR OTHER PROCEEDINGS BETWEEN YOU AND THE COBBLERS SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN ANY CLASS ACTION, MASS ACTION, OR ON A CONSOLIDATED OR REPRESENTATIVE BASIS. NEITHER PARTY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND THE COBBLERS WILL NOT BE CONSOLIDATED WITH ANY OTHER MATTER OR JOINED WITH ANY OTHER CASE OR PARTIES.
Statute of Limitations
To the extent permitted by law, any dispute, claim or grievance to which this section applies must be filed within one year. The one-year period begins to run from the time that you knew, or should have known, of the facts underlying the dispute, claim or grievance. If not filed within one year, the claim or dispute will be permanently barred.
WAIVER AND SEVERABILITY
No waiver by The Cobblers of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Cobblers to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Last Updated: March 2023
The Word on the Street The Cobblers really lives up to the hype !