Terms of Use
1. Introduction and Overview
These Terms of Use (“Terms”) set forth a legally binding agreement between you and Rabbits Black (“Rabbits Black,” “we,” “our,” or “us”), and govern your use of any website, mobile application, or online service location that posts a link to these Terms (each, a “Site”), and all features, content, subscriptions, products, and other services that we own, control, and make available to you that mention or identify these Terms (collectively, with the Sites, the “Service”).
These Terms govern your access to and use of the Service.
By visiting the Site or using the Service in any way, including by making purchases or browsing the Site, you agree to be bound by these Terms and all applicable laws and regulations, and you acknowledge our collection, use, and disclosure of your information as described in our Privacy Policy. If you do not agree with any of these Terms, you are prohibited from using or accessing the Service.
Without limiting anything herein, your agreement to these Terms means you acknowledge and agree to the terms related to conducting this transaction electronically, disclaimers of Rabbits Black’s warranties, damage and remedy exclusions and limitations, binding arbitration, waiver of a jury trial, and a choice of Nevada law except to the extent otherwise expressly set forth herein.
In some instances, both these Terms and separate terms and conditions (“Additional Terms”) will apply to your use of the Service. This may include promotions, sweepstakes or contests, subscription services, special product drops, auctions, loyalty or rewards programs, and return or exchange policies for certain transactions. We will notify you to the extent Additional Terms apply to your use of the Service.
If there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.
We reserve the right to change these Terms from time to time for any reason by posting the updated Terms here. Your use of the Service after we post any changes to these Terms constitutes your agreement to those changes from the date of such changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
2. Agreement to Arbitrate Disputes; Choice of Law
Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. It contains procedures for mandatory binding arbitration and a class action waiver. Do not use the Service if you do not agree to the following binding arbitration terms.
A. We Both Agree to Arbitrate.
You and Rabbits Black agree to resolve any claims relating to these Terms, any Additional Terms, the Service, the Content, or our Privacy Policy through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Rabbits Black’s intellectual property rights, Rabbits Black may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement, without first engaging in arbitration.
B. What Is Arbitration.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
C. Arbitration Procedures.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, the Content, or our Privacy Policy shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures before one arbitrator.
- Write a demand for arbitration. The demand must include a description of the claim and the amount of damages sought.
- Send copies of the demand for arbitration, plus the appropriate filing fee, to the applicable JAMS office.
- Send one copy of the demand for arbitration to the other party.
Payment of filing, administration, and arbitrator fees will be governed by the JAMS Rules. If traveling to Las Vegas, Nevada is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear its own costs of arbitration unless the arbitrator directs otherwise.
Arbitration under this agreement shall be held in the United States in Las Vegas, Nevada under Nevada law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court, including injunctive relief. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
D. Authority of Arbitrator.
The arbitrator will decide the rights and liabilities, if any, of you and Rabbits Black, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have authority to resolve all or part of any claim and grant any remedy available under applicable law and these Terms.
E. No Class Actions.
You may only resolve disputes with us on an individual basis. You may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
F. Waiver of Jury Trial.
The parties waive their rights to go to court and have a trial in front of a judge or jury, instead electing that all claims and disputes shall be resolved by arbitration.
G. Choice of Law and Forum Selection.
In any circumstances where the parties may litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of Nevada, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of a federal or state court of competent jurisdiction located in Clark County, Nevada.
3. Use of Our Service
A. Content.
The Service contains, among other things, materials and other items relating to Rabbits Black and its products and services, and similar items from our licensors and other third parties, including layout, information, product descriptions, databases, pricing information, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the look and feel of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; trademarks, logos, trade names, trade dress, service marks, and trade identities; and other forms of intellectual property (collectively, “Content”).
All right, title, and interest in and to the Service and the Content is the property of Rabbits Black or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property and unfair competition laws.
B. Limited License.
Subject to your strict compliance with these Terms and any applicable Additional Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access and use the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device for your own personal, non-commercial use only.
This limited license does not give you any ownership of, or any other intellectual property interest in, any Content, and may be suspended or terminated for any reason in Rabbits Black’s sole discretion. Unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws.
C. Accounts and Guest Checkout.
Certain features of the Service may require you to register an account or check out as a guest. When registering an account or checking out as a guest, you agree to provide true, accurate, current, and complete information.
When registering an account, you further agree to maintain and update your account information, protect and prevent unauthorized access to your account, not transfer or share your account with any third party, and immediately notify us of any suspected or actual unauthorized use of your account or breach of security.
You are solely responsible for all activities that occur under your account or during guest checkout, whether or not you authorized the activity. If you provide payment information, you represent and warrant that you are the rightful owner of the payment method and are authorized to use it.
D. Minors; Restrictions and Rules of Conduct.
If you are a minor between the ages of 13 and 18, you are permitted to use the Service or access the Content only with the permission of your parent or legal guardian. We do not sell products or services to children, but only to adults who can make purchases with a valid payment method.
No one under the age of 13 is permitted to use or access the Service or Content.
You may not use the Service or Content for any unlawful, harmful, offensive, threatening, abusive, fraudulent, invasive, or otherwise objectionable purpose; harvest or scrape any portion of the Service; reverse engineer or modify the Service or Content; interfere with the operation or security of the Service; infringe any intellectual property or other right of any third party; or otherwise violate these Terms or any applicable Additional Terms.
E. Availability; Suspension or Termination of Access.
Unless otherwise prohibited by applicable law, Rabbits Black may, in its sole discretion, and at any time, suspend or terminate the availability of the Service and/or Content, in whole or in part, to any individual user or all users, for any reason and without advance notice or liability.
F. Reservation of Rights.
All rights not expressly granted to you are reserved by Rabbits Black and its licensors and other third parties. Any unauthorized use of the Content or Service for any purpose is prohibited.
4. User Submissions
You may have the opportunity to submit ideas, feedback, opinions, techniques, images, sounds, videos, or other content to us through the Service or other platforms, including by tagging us or engaging with us in social media posts on third-party platforms (collectively, “Submissions”).
By making a Submission, you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable, and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, publicly display, and otherwise use and exploit all or any portion of your Submissions for any purpose whatsoever, including advertising and marketing purposes.
You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us these rights, and that any Submissions you provide will not violate or infringe any rights of any third party.
5. Products
Certain products or services may be available for purchase through the Service. By making a purchase through the Service, you represent that you are at least the age of majority in your state and/or country of residence, as applicable. You are solely responsible for any taxes applicable to your transaction. Products purchased through the Service may only be used for individual, personal use unless otherwise expressly permitted by us in writing.
You are strictly prohibited from using any product or service for any illegal or unauthorized purpose.
Unless otherwise stated in applicable Additional Terms or a posted policy, we do not guarantee returns or exchanges. If you have an issue with an order, please contact us at curious@rabbitsblack.com within thirty (30) days of placing your order, and we will review the matter in our sole discretion.
We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We reserve the right to limit or cancel quantities purchased per person, per household, or per order, and to refuse any order placed with us.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We do our best to describe every product or service offered on our Service as accurately as possible, but we do not warrant that product specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free.
You are responsible for providing an accurate and current delivery address each time you place an order. We are not responsible or liable for lost packages if the item is delivered to the address you provided, and we are not responsible or liable for stolen packages.
6. Customer Support
If you have any questions or comments, please send an email to curious@rabbitsblack.com. You acknowledge that the provision of support is at Rabbits Black’s sole discretion and that we have no obligation to provide you with customer support of any kind.
7. Third Party Services
Our Service may contain content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties, such as social networks, payment processors, video hosts, or analytics providers. These third party services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such third party services.
8. Service Features
A. Wireless Features.
The Service may offer features that are available to you via your wireless device. By using the Service, you agree that Rabbits Black may collect information related to your use of such features as described in our Privacy Policy, and may alter settings or configurations on your device in order to allow for or optimize your use of the Service. Data rates and other carrier fees may apply.
B. Communications.
You can opt out of receiving promotional emails or text messages from us at any time by following the instructions in the emails or messages, or by sending an email to curious@rabbitsblack.com with the word UNSUBSCRIBE in the subject field.
9. Optional Memberships, Subscriptions, or Special Access Programs
This section applies only if Rabbits Black offers any premium membership, subscription, loyalty, referral, rewards, or special-access program through the Service now or in the future.
A. Recurring Billing; Automatic Renewal.
You acknowledge and agree that your membership or subscription may automatically renew, subject to applicable law, at the billing frequency selected by you unless you cancel it or unless we suspend or terminate it in accordance with these Terms.
B. Cancellation.
Memberships or subscriptions may be canceled at any time as described in the applicable checkout flow, account area, or Additional Terms. Unless otherwise required by law or expressly stated, you will not receive a prorated refund for any unused portion of the then-current term.
C. Rewards, Credits, Referrals, and Promotional Benefits.
If we offer rewards, credits, gifts, referral incentives, or similar benefits, they are subject to the specific terms disclosed at the time of the offer and may be modified, suspended, or canceled by us at any time in our sole discretion unless otherwise required by law.
D. Program Changes.
We may change the availability, pricing, terms, structure, and benefits of any membership, subscription, referral, or rewards program at any time in our sole discretion.
10. Digital Content, Media, and On-Demand Access
This section applies only if Rabbits Black offers digital content, downloadable content, streaming media, rentals, purchases, access passes, or similar media experiences through the Service now or in the future.
A. Availability of Digital Content.
Digital content may be offered for free, through subscription, by rental, by purchase, on a promotional basis, or in any combination of the foregoing. Availability may vary by device, location, time period, and technical limitations.
B. Streaming, Downloads, and Device Compatibility.
Digital content may require a compatible device, active internet connection, certain software, and periodic updates. The quality of your viewing or listening experience may vary depending on bandwidth, device performance, location, and other factors beyond our control.
C. Future Unavailability and Refunds.
It is possible that some or all digital content may not be available at any given time, including during maintenance, outages, or matters beyond our control. If digital content becomes unavailable after purchase, we may, in our sole discretion, provide a credit, refund, discount, or other consideration.
D. Content Warnings and Subjectivity.
Digital content may elicit varying reactions among different people, and some content may be considered offensive, explicit, or objectionable by some users. Some content may contain flashing lights or other visual sequences that could affect users who are susceptible to photosensitive conditions.
11. Disclaimer of Representations and Warranties
The service is provided to you on an “as is,” “as available,” and “with all faults” basis.
Neither Rabbits Black nor any of its officers, directors, managers, employees, or agents make any representations, warranties, or endorsements of any kind whatsoever as to the content or other services, whether express or implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, quiet enjoyment, and freedom from computer virus.
12. Limitations of Our Liability
To the maximum extent permitted by law, in no event shall Rabbits Black or its officers, directors, managers, employees, or agents be liable to you for any loss, damage, or injury of any kind, including direct, indirect, special, incidental, exemplary, consequential, or punitive losses or damages, or damages for system failure or malfunction or loss of profits, data, use, business, or goodwill, arising out of or in connection with the service, these terms, or your misuse of the service.
13. Indemnification
You agree to defend, indemnify, and hold us harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or in connection with your breach of these Terms, your Submissions, your misuse of the Service, your violation of law, your violation of any third-party rights, or any misrepresentation made by you.
14. Waiver of Injunctive or Other Equitable Relief
To the maximum extent permitted by law, you agree that you will not be permitted to obtain an injunction or other equitable relief of any kind that may interfere with or prevent the development or exploitation of any website, application, content, submissions, product, service, or intellectual property owned, licensed, used, or controlled by us or our licensors.
15. Updates to Terms
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. We may notify you of any updated Terms by posting them on the Service and/or by sending an email to the last email address you provided to us. If you object to any such changes, your sole recourse is to cease using the Service.
16. General Provisions
A. Consent or Approval.
Our consent or approval may not be deemed to have been granted without being in writing and signed by one of our authorized representatives.
B. Survival.
The provisions of these Terms and any applicable Additional Terms which by their nature should survive termination of your use of the Service will survive.
C. Severability; Interpretation; Assignment.
If any provision of these Terms or any applicable Additional Terms is deemed invalid, unlawful, void, or unenforceable, that provision will be deemed severable and the invalidity of the provision will not affect the remainder. Section headings are provided for convenience only. We may assign our rights and obligations under these Terms at any time without notice. You may not assign or delegate your duties under these Terms without our prior written consent.
D. Complete Agreement; No Waiver.
These Terms and any applicable Additional Terms reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances, or discussions related to the Service. No failure or delay in exercising any right, power, or remedy will operate as a waiver.
E. International Issues.
We control and operate the Service from the United States, and we make no representation that the Service is appropriate or available for use outside the United States. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service.
F. Investigations; Cooperation with Law Enforcement.
We reserve the right to investigate and prosecute any suspected breaches of these Terms or the Service. We may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.
G. Submissions and Unsolicited Ideas Policies.
We do not accept, review, or consider submissions of unsolicited materials, including ideas, concepts, suggestions, articles, pitch documents, treatments, scripts, or similar materials, as a matter of policy. We reserve all rights to develop ideas conceived independently, either alone or with a third party, without obligation to you, even if such ideas are similar or identical to ideas contained in unsolicited materials.
17. Contact Us
If you have any questions or comments about these Terms, please email us at curious@rabbitsblack.com. All legal notices to us must be mailed to:
Rabbits Black
5528 South Fort Apache Road
Las Vegas, NV 89148