Effective date: December 11, 2024
Please read on to learn the rules and restrictions that govern your use of our websites, products, services, and applications (collectively, the “Services”).
These Terms of Service (the “Terms”) are a binding contract between you and Hobby Box, Inc. (“Hobby Box,” “we” and “us”). You must agree to and accept all the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this page, as well as those in our privacy policy found at https://www.hobbybox.app/privacy (“Privacy Policy”).
In these Terms, “you” and “your” refer to the individual user of the Services, and if the Services are used on behalf of a business or other entity, “you” and “your” also refer to that entity.
What is Hobby Box?
The Services include the Hobby Box online collectors card marketplace available at www.hobbybox.app (the “Marketplace”), which helps facilitate the trading and sale of collector cards and related materials (collectively, “Items”). Please read on to learn more about registering for and participating in the Marketplace.
What are the basics of using Hobby Box?
Account Registration
To access and participate in the Marketplace, you must create an individual account and provide the details required during the registration process. You represent and warrant that you are an individual of legal age to form a binding contract (but in any event, at least 18). You’ve received your organization’s permission to use the Services and gotten your organization to agree to these Terms on your behalf.
You will only use the Services for yourself (or your entity if you are registering on behalf of an organization), and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you or your organization. We can’t and won’t be responsible for your using the Services in a way that breaks the law or infringes on any third-party rights.
If you are registering on behalf of a company
If you are using the Services as an employee, contractor, or agent of a company, corporation, government agency, partnership or similar entity, then you must be authorized to sign for and bind the entity to accept these Terms, and you represent and warrant that you have such authority. If the individual accepting these Terms does not have the authority or does not agree with these Terms, they may not use the Services.
Marketplace Terms
General
Unless explicitly agreed to in a separate written agreement, Hobby Box’s role is limited to providing the Marketplace. Hobby Box is not a party to any transaction between any users of the Marketplace (including any transfer or sale of Items listed in the Marketplace) (collectively, “Transactions”). Any disputes arising from or related to a Transaction shall be resolved solely between the parties involved. By using the Marketplace, you agree to release, indemnify, and hold harmless Hobby Box from any and all claims, demands, damages, or other liabilities related to such disputes. Hobby Box has no obligation to mediate or otherwise assist in the resolution of disputes, although we may, at our sole discretion, provide information or limited assistance. We assume no responsibility or liability for any interactions or disputes between Marketplace users.
You are solely responsible for complying with all applicable laws and regulations, including, but not limited to, customs regulations, trade restrictions, import/export laws, and tax obligations related to any Transactions conducted via the Marketplace.
Acknowledgement of Risk
By using the Marketplace, you acknowledge and accept that engaging in the purchase, sale, or trade of Items involves inherent risks, including, but not limited to, financial loss, fraud, and potential physical harm. You agree that Hobby Box is not responsible or liable for any such risks. It is your responsibility to exercise due diligence, use caution, and make informed decisions when interacting with other users and their Items.
Hobby Box does not conduct background checks or identity verification on users of the Marketplace and does not guarantee that any user of the Marketplace is who they claim to be.
Possession of Goods and Delivery
Except as explicitly stated otherwise in the Marketplace, Hobby Box does not take title to or possession of any Items. The transfer of ownership and the risk of loss or damage pass directly between users participating in a Transaction. Users participating in a Transaction bear sole responsibility for coordinating and executing all aspects of delivery, including in-person exchanges, shipping, handling, insurance, and the payment of any applicable customs duties or taxes. Hobby Box is not liable for any delays, losses, damages, or other issues that occur during shipment, delivery, or the attempted exchange of Items.
Item Verification
When listing Items on the Marketplace, you represent and warrant that you have full legal right and authority to sell those Items, and that the Items are free of all liens, claims, and encumbrances. You agree to provide complete, truthful, and accurate information regarding each listed Item, including its condition, authenticity, and any other material details. Hobby Box does not independently verify, authenticate, or inspect any listed Items. Authentication services, if desired, must be obtained through reputable grading companies or other authorized third parties. As a user acquiring an Item, you bear sole responsibility for conducting thorough due diligence before making a purchase. As a user posting an Item, you must continually ensure your listings remain accurate and promptly update any information to prevent misunderstandings or disputes. If you are selling Items on behalf of a third party, you must have express authorization and, upon request, provide written proof of your right to sell. Hobby Box is not liable for any issues arising from damaged, counterfeit, defective, undelivered, or misrepresented Items, nor for any Items that fail to meet the specifications or descriptions provided in a listing.
The Marketplace may automatically retrieve images or data from third-party sources (including grading company APIs) when you upload Item photos. Such information is provided solely for your convenience and may contain errors or inaccuracies. Hobby Box does not verify, endorse, or guarantee the correctness of any automatically generated images or data, and disclaims all responsibility for any resulting misrepresentations or misunderstandings in listings.
Cost Comparison Information
The Marketplace may present cost comparison information (“Comparison Information”) solely for informational purposes. This Comparison Information is intended to help users assess potential pricing and market conditions, but it is not legal, tax, investment, financial, or any other form of professional advice. Historical sales data or performance projections provided through Comparison Information do not guarantee or predict future sales results. By using the Comparison Information, you acknowledge that you alone are responsible for evaluating its relevance and accuracy, as well as any risks associated with relying on such data. Hobby Box shall not be held liable for any decisions you make based on Comparison Information, and we strongly encourage you to seek independent professional guidance as needed.
Community Guidelines and Restrictions
At Hobby Box, we are committed to fostering a safe and trustworthy marketplace for all users. Users are prohibited from listing illegal goods, hazardous materials, counterfeit products, or any items that infringe upon intellectual property rights. Additionally, any content that promotes hate, violence, discrimination, or harassment is strictly forbidden. We reserve the right to remove any listings that violate these guidelines and to take appropriate action against those responsible.
Hobby Box reserves the right to remove any listing, suspend or terminate any account, or refuse service to any user at its sole discretion and without prior notice.
Sales by Hobby Box
If Hobby Box sells or resells Items or Services on the Marketplace, such transactions will be subject to separate resale terms as provided at the time of the transaction. These terms may include warranties, return policies, and other specific conditions applicable to those sales.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not connect to a Third-Party Service or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services. If Hobby Box believes that disclosing user information may prevent or mitigate criminal activity or fraud, it may disclose such user information to the appropriate authorities.
Fees and Payment
The Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. From that time onward, fees for using the Services, including any transaction fees, commissions, or other charges, will be as specified on the Marketplace or otherwise agreed upon in a separate written agreement.
Intellectual Property Rights in Hobby Box
What are my rights in Hobby Box?
You acknowledge and agree that Hobby Box and its licensors exclusively own all rights, title, and interest in and to the Services, including any and all content, materials, data, text, graphics, images, software, trademarks, service marks, trade names, logos, and other intellectual property embodied therein (“Content”). Except as expressly permitted through the features and functionalities of the Services, you will not modify, publish, transmit, transfer, sell, reproduce (including by means of screenshots, screen captures, or downloading), create derivative works from, distribute, or otherwise exploit the Services or any Content you do not own. You agree to comply with all copyright notices, trademark rules, information, and restrictions contained within the Content you access, and understand that simply being able to view, temporarily store, or display certain Content through the Services does not waive any of these restrictions.
User Submissions
You are solely responsible for all content, information, data, text, images, posts, comments, advertisements, and other materials that you submit, post, share, or otherwise make available through the Services (“User Submissions”). By doing so, you represent and warrant that (i) you own, or have all necessary rights to submit, such User Submissions in the manner you provide them, and (ii) your User Submissions, and your use of them in connection with the Services, do not infringe or violate any third party’s rights, including without limitation intellectual property or privacy rights.
Do I have to grant any licenses to the Services or to other users?
For Hobby Box to operate, enhance, and promote the Services, you grant Hobby Box a worldwide, perpetual, irrevocable, sublicensable, and royalty-free license to host, store, reproduce, modify, adapt, translate, and otherwise use your User Submissions as reasonably necessary to provide the Services. If you share User Submissions only with specified users (e.g., private messages), you grant Hobby Box all of the above rights, plus the right to display, perform, and distribute these User Submissions solely to those specified users so that the Services may function as intended, and you also grant those specified users a license to access and use those User Submissions as permitted by the Services. If you share User Submissions publicly or in a manner visible to multiple users beyond a limited audience, you further grant Hobby Box the right to display, perform, and distribute such User Submissions to all users and to use those User Submissions in connection with Hobby Box’s business, and you grant all other users a license to access and use them as permitted by the Services.
You understand and agree that Hobby Box may make technical modifications to your User Submissions as needed to facilitate their transmission, storage, adaptation to various devices or media, or to comply with other technical requirements of delivering the Services. None of these licenses affect your ownership in your User Submissions.
Pictures of Items
When you provide images of items listed in our Marketplace (“Item Images”), you help us and our community maintain a comprehensive, reliable view of what’s available. By doing so, you grant Hobby Box (and its successors and assigns) a worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to use, reproduce, modify, adapt, translate, host, store, display, perform, distribute, and create derivative works from those Item Images (including as reasonably needed to operate, improve, and promote the Services). This helps ensure items are represented accurately, assists other users in making informed decisions, and enhances the overall experience for everyone. This license remains in effect even if you remove your Item Images or stop using the Services, allowing us to preserve these benefits for the community.
Feedback
Hobby Box welcomes feedback, suggestions, or ideas on how to improve the Services. You acknowledge and agree that Hobby Box may freely use and share any feedback you share about the Services.
Copyright Dispute Policy
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Hobby Box, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable any content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here.
Will Hobby Box ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services (including by adding or removing any Third-Party Service), or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you when practical.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Hobby Box website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What if I want to stop using Hobby Box?
You’re free to do that at any time through the Services; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
Hobby Box is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Hobby Box has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
What about my privacy?
Hobby Box takes the privacy of its users seriously. Please refer to our current Privacy Policy.
What else do I need to know?
Third-Party Services
You may authorize us to connect with certain third-party services (“Third-Party Services”). We are not responsible for the operation of any Third-Party Service, nor the availability or operation of the Services to the extent such availability and operation is dependent upon Third-Party Services. Hobby Box does not make any representations or warranties with respect to Third-Party Services or any third-party providers.
When you access Third-Party Services, you accept that there are risks in doing so, and that Hobby Box is not responsible for such risks. We encourage you to read the terms and conditions and privacy policy of each Third-Party Service you connect to from the Services.
Hobby Box has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Service. In addition, Hobby Box will not and cannot verify, censor or edit the content of any Third-Party Service. By using the Services, you hereby release, indemnify and hold us harmless from all liability arising from your use of any Third-Party Service.
Warranty Disclaimer
HOBBY BOX AND ITS LICENSORS OR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY CONTENT AVAILABLE THROUGH THE SERVICES. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, LEGALITY, COPYRIGHT COMPLIANCE, DECENCY, OR SUITABILITY OF ANY MATERIAL CONTAINED IN, OR ACCESSED THROUGH, THE SERVICES. SIMILARLY, WE DO NOT WARRANT OR ENDORSE ANY SUGGESTIONS, RECOMMENDATIONS, SERVICES, OR PRODUCTS OFFERED THROUGH THE SERVICES.
ALL ITEMS AND LISTED SERVICES, WHETHER OR NOT BASED ON RECOMMENDATIONS, ARE PROVIDED STRICTLY “AS-IS,” WITHOUT ANY WARRANTY—EXPRESS, IMPLIED, OR OTHERWISE. HOBBY BOX NEITHER VERIFIES NOR GUARANTEES THE AUTHENTICITY, CONDITION, LEGALITY, VALUE, OR ANY OTHER CHARACTERISTICS OF ANY ITEM, AND IS NOT RESPONSIBLE FOR STOLEN OR UNLAWFULLY ACQUIRED ITEMS, OR FOR THE ACTIONS OR OMISSIONS OF USERS INVOLVED IN COMMUNICATIONS ON THE MARKETPLACE OR TRANSACTIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, HOBBY BOX (AND ITS LICENSORS AND SUPPLIERS) DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL HOBBY BOX (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO HOBBY BOX IN CONNECTION WITH THE SERVICES IN THE THREE MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity
To the fullest extent allowed by applicable law, you agree to indemnify and hold Hobby Box and its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third-party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Hobby Box’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Notices
All notices, requests, demands, and other communications these Terms shall be in writing and properly addressed as follows:
To Hobby Box at: info@hobbybox.app
To User: At the email address provided by you during your account registration process or as updated by you in your account settings.
Notices shall be deemed effectively given upon delivery if personally delivered or sent by nationally recognized overnight courier, upon successful transmission if sent by email, or five (5) days after being mailed by prepaid certified or registered mail, return receipt requested. Emails are considered a valid form of notice for all communications related to the use of the Services and updates to these Terms. It is your responsibility to keep your email address current within their account settings to ensure proper receipt of all notices.
Miscellaneous
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Hobby Box agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Hobby Box, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Hobby Box, and you do not have any authority of any kind to bind Hobby Box in any respect whatsoever. You and Hobby Box agree there are no third-party beneficiaries intended under these Terms.
Disputes
Governing Law
These Terms and your use of the Services will be interpreted in accordance with the law of the State of Florida, without regard to their conflict-of-law provisions. You and Hobby Box agree to submit to the personal jurisdiction of a state court located in Miami-Dade County, or a United States District court located in Miami-Dade County (collectively, the “Miami-Dade County Courts”) for any actions which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
Mandatory, Bilateral Arbitration and Waiver of Class Actions
Please read this carefully. It affects your rights. YOU AND HOBBY BOX AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF HOBBY BOX, TO ANY ITEMS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH HOBBY BOX, TO THIS AGREEMENT, OR TO THE CONTENT, AND/OR USER SUBMISSION ON HOBBY BOX SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or Hobby Box’s right to seek injunctive or other equitable relief in state or federal court in Miami, Florida to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms.
“Disputes” shall include, but are not limited to, any claims or controversies between you and Hobby Box against each other related in any way to or arising out of in any way from the Service, the Content, User Submission, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Hobby Box, even if the claim arises after you or Hobby Box has terminated Service or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that Hobby Box brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Hobby Box, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Hobby Box; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.
Dispute Notice
Before initiating an arbitration, you and Hobby Box each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: 20533 Biscayne Blvd, Ste. 4-81, Aventura, FL 33180 or emailed at info@hobbybox.app. Hobby Box will provide a Notice of Dispute to you via the email address associated with your Hobby Box account. You and Hobby Box agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until this 45-day post-notice resolution period expires. If an agreement cannot be reached within 45 days of receipt of the Notice of Dispute, you or Hobby Box may commence an arbitration proceeding.
Arbitration Process and Procedure
Unless you and Hobby Box agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Further, unless both you and Hobby Box expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND HOBBY BOX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Hobby Box each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
Hearing
If your claim does not exceed $5,000, you and Hobby Box agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and Hobby Box submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Hobby Box, or deemed necessary by the arbitrator, you and Hobby Box agree that the hearing will be conducted telephonically or videographically.
Arbitrator’s Decision
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
Fees
It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed $5,000, Hobby Box will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).
Small Claims & Government Actions
As an alternative to arbitration, you or Hobby Box may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Hobby Box on your behalf.
