Conditions of Use
Welcome to HSN. HSNi, LLC provides website and other electronic services subject to the conditions set out below ("Conditions"). These Conditions govern, among other things, the use of and access to HSN.com, HSN's mobile services, HSN's telephone ordering and interactive voice response services, HSN Arcade games, HSN Community Forums, HSN messaging systems, HSN's software applications that you download, HSN social media sites and applications, social media posts using HSN hashtags, location tags, or other identifiers, other websites, interactive television services, and existing or future services (collectively, "HSN Services"). By using or accessing the HSN Services, you agree and intend to be legally bound by the Conditions. “We” and “our” refer to HSN and “us” and “the parties” refer to you and HSN.
IF YOU DO NOT WANT TO BE BOUND BY THESE TERMS OR POLICIES, DO NOT USE OR ACCESS THE HSN SERVICES.
PLEASE CAREFULLY REVIEW: THESE CONDITIONS CONTAIN A BINDING DISPUTE RESOLUTION AND ARBITRATION SECTION THAT INCLUDES AN AGREEMENT TO ARBITRATE DISPUTES WITH HSN ON AN INDIVIDUAL BASIS, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Change of Conditions
HSN may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which HSN may give by any means, including, without limitation, by posting the revised Conditions on the HSN Services. You are responsible for reviewing the HSN Services for any modifications to these Conditions that may affect your rights or obligations. Any access or use by you of the HSN Services after changes to these Conditions will constitute your acceptance of the revised terms.
Orders and Pricing and Shipping and Handling
HSN reserves the right to discontinue or change product descriptions, specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on HSN, and may be adjusted by HSN at any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation. HSN shall not be responsible for any typographical errors, inaccuracies or omissions that may relate to a product description and availability. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
When you make a purchase on through the HSN Services, you may be required to pay applicable shipping and processing charges and fees (“Fees”). Fees are intended to compensate us for any relevant costs of processing your order; costs of handling and packing any products; and costs of delivering or providing the purchased products and services to you.
The risk of loss and title for all products purchased by you and shipped by HSN or one of HSN’s vendors pass to you upon delivery to the carrier for shipment.
Our Returns & Exchanges policy is available at https://www.hsn.com/faqs?faqId=2352.
Coupons and Promotional Codes
Coupons and promotional codes provided to you are for your individual use only. You may not transfer, offer for sale, publish or otherwise share HSN coupons and promotional codes unless the terms of the promotion expressly allow you to do so. HSN reserves the right to cancel orders when it has reason to believe that any coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected abuse, misuse or fraud.
Your Access to HSN Services
When you use the HSN Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through, the HSN Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account. You also agree to abide by the HSN Community Guidelines when using the HSN Services. HSN sells products, including children's products, to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may use the HSN Services only with the involvement of a parent or guardian and your parent or legal guardian must agree to these Conditions on your behalf. HSN reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of the HSN Services. In the event that HSN denies you access to one or more HSN Services, the provisions in these Conditions governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Conditions shall survive such termination. We reserve the right to not provide the HSN Services to any person. We also reserve the right to terminate any user’s right to access the HSN Services at any time, in our discretion. If you violate any of these Conditions, your permission to use the HSN Services automatically terminates.
All right, title and interest in and to the HSN Services, including (a) all software, text, media, and other content available on the HSN Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”) is owned by or licensed to HSN. The HSN Services, Our Content, and Marks are all protected under U.S. and international laws. You are authorized to use Our Content and Marks only for personal, non-commercial purposes. You may download, print, and store copies of Our Content for your own personal, non-commercial use. The uses of Our Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on the HSN Services. Any unauthorized use of Our Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the HSN Services should be construed as granting, by implication or otherwise, any license or right to use any Marks displayed on the HSN Services without the written permission of HSN. HSN will aggressively enforce its intellectual property rights to the fullest extent of the law. The look and feel of the HSN Services are copyright © HSN Interactive LLC. All rights reserved.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Reporting Copyright Infringement Claims
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the HSN Copyright Agent the written information specified below:
- 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
- 2. A description of the copyrighted work that you claim has been infringed;
- 3. A description of where the material that you claim is infringing is located on an HSN website, including the HSN item number, if applicable;
- 4. Your address, telephone number, facsimile number, and email address;
- 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- 6. A statement by you, under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
The HSN Copyright Agent for notice of claims of copyright infringement can be reached as follows:
email: email@example.com or
Attn: Copyright Agent
1 HSN Drive
St. Petersburg, Florida 33729
Reporting All Other Intellectual Property Infringement Claims
If you believe that any other intellectual property rights of yours have been violated, please mail a physical copy of your communication setting forth your allegations of infringement, along with any relevant attachments, to the following address:
Attn: General Counsel
1 HSN Drive
St. Petersburg, Florida 33729
Internet Protocol Closed Captioning
If you have any questions or concerns about the closed captioning of the HSN programming that has been delivered to you via Internet Protocol (e.g., on your computer, your smartphone or your tablet), please contact us at:
Associate General Counsel
One HSN Drive
St. Petersburg, FL 33729
Links to Other Sites and Services
HSN reserves the right to prohibit users from posting links to other Internet sites. To the extent HSN in its sole discretion allows certain users to post such links to other Internet sites and services operated by third parties, including HSN vendors, you understand and agree that those sites and services do not constitute sponsorship, endorsement, or approval by HSN of their content, policies, or practices of such linked sites or services. You likewise understand and agree that HSN is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services, as well as the privacy policies and security practices of linked sites and services. You should always read the terms and conditions and privacy policies of other sites before using them.
When you access or use the HSN Services, send e-mails to HSN, or receive electronic communications from HSN, you are, and consent to, communicating with HSN electronically. HSN may communicate with you by e-mail or by posting notices on one or more of the HSN Services. You agree that all notices, disclosures, agreements, policies, and other communications that HSN provides to you electronically satisfy any requirement that such communications be in writing.
Should HSN allow users of the HSN Services to communicate directly with each other via a messaging system, you understand and agree that you are solely responsible for your interactions with those other members on such system. You agree to take reasonable precautions in all interactions with other members of the HSN Services, and also agree that to the extent permitted by applicable law, in no event shall HSN be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your use of any such messaging system. As always, you should follow internet safety tips, should not provide any personally identifiable information, including your email address or phone number, to unknown users, and you should exercise reasonable care with accessing links anyone may send you. You should never respond to requests from other users for financial information, like your credit or debit card, or requests for money. If you feel that any other user is sending you messages that violate these Conditions or the HSN Community Guidelines, stop communicating with that user and please contact HSN Customer Service immediately.
The HSN Services may include certain services that you may access through your mobile phone or other mobile device, including services that allow you to use your mobile device to place orders, receive and reply to messages from HSN, and access certain other features (collectively, the "Mobile Services"). HSN does not charge for Mobile Services. However, when you access or sign up for Mobile Services, you recognize, acknowledge, and understand that you may incur charges by your wireless carrier for all messages sent to you from HSN, its parent companies, or any of its corporate affiliates or subsidiaries. Message & Data Rates May Apply. To opt-in text ORDER to 69476 or SPECIAL to 47688.
47688 - Today's Special, "TS" 8 msgs/wk and Alerts - 4 msgs/wk.
69476 - Order Status "ORDER" - 3 msgs/order.
For HSN's "Mobile Alerts", message & data rates may apply. Your voluntary provision of a mobile number to HSN constitutes your consent that we, or someone acting on our behalf, may contact you by phone or text message at that phone number, and your consent to receive such communications for transactional, operational, or informational purposes. When you provide your phone number to us, you warrant that you are the current subscriber or customary user of that phone number. You understand and agree that such calls and/or messages may be sent using automated technology, including but not limited to an automatic telephone dialing system or artificial or prerecorded voice. You understand and agree that you may not revoke your consent to be contacted in this manner, though HSN may elect to honor such requests. You agree to immediately contact us if any number you have provided to HSN is no longer associated with you. Your failure to provide and update your accurate information is a breach of these Conditions. You agree that any telephone calls or other communications between us and/or our agents and you and/or your agents may be monitored and/or recorded. Consent to receive these text messages is not a condition of purchase. For HELP reply to any HSN message or text HELP to 69476 (Customer Service Alerts) or 47688 (Today's Special, Scoop Alerts); contact Customer Service at 800-933-2887 , or use the online form here.
To unsubscribe or change your subscriptions at any time, visit the Communication Preferences page on HSN.com and opt-out of the messages you no longer wish to receive. You may also unsubscribe from your subscriptions in one of the following ways: Reply STOP to a Customer Service Alert to be unsubscribed from this message only, or reply STOP to Today's Special messages or HSN Alerts, which will unsubscribe you from both. Text STOP to 69476 to be unsubscribed from HSN Customer Service Alerts or text STOP to 47688 to be unsubscribed from Today's Special messages and HSN Alerts. If you text STOP to a Today's Special or HSN Alert, you will be unsubscribed from both. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that HSN and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from HSN through any other programs you have joined until you separately unsubscribe from those programs.
Contact Customer Service at 800-933-2887, or by mail a request to HSN Interactive LLC, Attn: Customer Service, 1 HSN Drive, St. Petersburg, Florida 33729. We are always happy to answer your questions and listen to your comments.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, HSN AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO IN THIS SECTION COLLECTIVELY AS “AFFILIATES”) MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE HSN SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND WITHOUT LIMITING THE FOREGOING, OTHER THAN ANY PRODUCT WARRANTIES PROVIDED BY THE MANUFACTURER, EVERYTHING ON THE HSN SERVICES (INCLUDING THE PRODUCTS) IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HSN SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HSN OR THROUGH THE HSN SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HSN BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE CONDITIONS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, HSN’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE CONDITIONS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM PROVIDED, HOWEVER, THAT THE LIMITATION SET FORTH HEREIN WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE FROM HSN.
IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE HSN SERVICE AND HSN’S INTERACTIVE TELEVISION SERVICES IS SOLELY FOR THE BENEFIT OF YOU AND HSN AND THAT THE HSN-APPROVED DISTRIBUTOR OF ANY HSN INTERACTIVE TELEVISION CONTENT IS NOT LIABLE OR RESPONSIBLE TO YOU FOR THE PERFORMANCE OF HSN’S INTERACTIVE TELEVISION SERVICES, THE HSN CONTENT YOU ACCESS VIA HSN’S INTERACTIVE TELEVISION SERVICES, OR ANY MERCHANDISE THAT YOU PURCHASE THROUGH HSN’S INTERACTIVE TELEVISION SERVICES.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless HSN, its affiliates, and its vendors from and against all claims, proceedings, demands, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your actual or alleged breach of these Conditions or your access to or use of the HSN Services. The foregoing indemnification obligation shall survive termination of these Conditions and the operation of the HSN Services or any product or service provided to you arising out of or relating to your use of the HSN Services.
Dispute Resolution and Arbitration Agreement
You agree that any Dispute (as defined below) between you and HSN (including any Disputes between you and a third-party agent of HSN) shall be resolved through binding and final individual arbitration instead of through court proceedings after completion of the Mandatory Informal Dispute Resolution Process set forth below (“Dispute Resolution and Arbitration Agreement”). In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court. "Dispute" shall be interpreted broadly and shall include any claim, controversy, counterclaim, or other disputes arising between you and HSN or between you and a third-party agent of HSN, including for example any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims that arose before this Dispute Resolution and Arbitration Agreement; and (3) claims that arise after the cancelation or expiration of this Dispute Resolution and Arbitration Agreement.
This Dispute Resolution and Arbitration Agreement does not preclude either party from seeking action by federal, state, or local government agencies. Notwithstanding anything in this Dispute Resolution and Arbitration Agreement to the contrary, either you or HSN may elect to have a claim heard in small claims court (at any time prior to the appointment of an arbitrator) if the claim is within the jurisdiction of that court and it remains in that court and is not removed or appealed to a court of general jurisdiction). In addition, you and HSN retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Conditions.
(a) Mandatory Informal Dispute Resolution Process
For all Disputes whether pursued in small claims court or arbitration, you or we must first give the other party an opportunity to resolve the Dispute by sending a written description of the claim to the other party (“Notice”). The Notice shall be personally signed by you or us and include: (1) a detailed description of the claims; (2) a detailed description of the relief sought, including a calculation for it; and (3) information sufficient to identify any transaction at issue (the “Mandatory Informal Dispute Resolution Process”). If you submit a Notice, you shall send it to HSN, Inc., Attn.: Senior Legal Counsel, One HSN Drive St. Petersburg, FL 33729. If we submit a Notice, we shall send it to the mailing address and/or email address we have on file for you. Upon receipt of a fully completed Notice, the parties agree to negotiate in good faith in an effort to informally resolve the Dispute. At times, a telephone conference might be helpful to facilitate the resolution of a Dispute. If we request a telephone conference, you agree to personally participate (with your counsel, if you are represented). If we are unable to resolve the claim within 60 days after receipt of a fully completed Notice, you or we may then pursue a claim in arbitration (or in small claims court, if applicable). Compliance with this Mandatory Informal Dispute Resolution Process is a condition precedent to initiating any formal proceeding. Any applicable statutes of limitations shall be tolled while the parties complete this Mandatory Informal Dispute Resolution Process. A court shall have the authority to enforce this Mandatory Informal Dispute Resolution Process and to enjoin the filing and prosecution of arbitrations. A party may also elect to raise non-compliance with this provision in arbitration.
We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue through any lawful means, including in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law.
(b) Arbitration Process
You agree that the Federal Arbitration Act and federal arbitration law apply to these Conditions. However, except as otherwise provided in the Dispute Resolution and Arbitration Agreement, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of these Conditions including, but not limited to, a claim that all or any part of these Conditions is void or voidable. The Dispute will be arbitrated by a single neutral arbitrator mutually agreeable to both of us. If we cannot agree, after conferring in good faith, on the selection of an arbitrator within 30 days of the date that the request for arbitration was received by Corporation Service Company, the Dispute will be administered by the American Arbitration Association (“AAA”) under its applicable rules, as modified by this Dispute Resolution and Arbitration Agreement. If AAA is unable or unwilling to administer the arbitration consistent with this Dispute Resolution and Arbitration Agreement, the parties shall confer in good faith in an effort to agree on an alternative arbitration administrator that will administer the arbitration consistent with this Dispute Resolution and Arbitration Agreement. If the parties cannot agree, you and we will jointly petition a court of competent jurisdiction to appoint an arbitration administrator that will administer the arbitration consistent with this Dispute Resolution and Arbitration Agreement. The arbitration shall take place a location that is reasonably convenient for you. Unless we agree to use a different set of rules, the arbitrator will apply the applicable AAA arbitration rules (or the applicable rules of the arbitration administrator as set forth above), as modified by this Dispute Resolution and Arbitration Agreement. The AAA rules are available at https://www.adr.org/ or by calling 800-778-7879. The arbitrator's decision in any such arbitration will be final and binding upon the parties to the proceeding and shall have no preclusive or binding effect in any proceeding involving different parties. The arbitration award may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.
If HSN initiates arbitration, we shall pay all fees for the arbitration proceeding. If you initiate arbitration, the AAA rules (or the applicable rules of the arbitration administrator as set forth above) shall govern the allocation of fees. The arbitrator may award fees and costs to a party if they determine that the claims and/or proceeding is frivolous or brought for an improper purpose or for the purpose of harassment. The arbitrator shall apply Federal Rule of Civil Procedure 68 after entering the award. The arbitrator shall apply the Conditions just as a court would. The arbitrator shall issue a detailed ruling that includes the essential findings of fact and conclusions of law upon which the award is based. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief, attorneys' fees, and costs.
(c) Individual Relief; Class Action Waiver; Jury Trial Waiver
YOU AND WE AGREE THAT THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING DECLARATORY AND INJUNCTIVE RELIEF) 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 ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE THAT IS NOT A PARTY TO THE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, JOINT, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION SHALL BE CONDUCTED AND DECIDED ON AN INDIVIDUAL BASIS. CLASS ARBITRATION IS EXPRESSLY PROHIBITED. YOU AND WE AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, JOINT, OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL OR IN CONNECTION WITH A REQUEST FOR PUBLIC INJUNCTIVE RELIEF). THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT; IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR IT IS OTHERWISE FINAL, THEN THAT CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN A COURT OF COMPETENT JURISDICTION BUT BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL.
(d) Additional Procedures Pertaining Only to Mass Arbitrations
If 25 or more claimants pursue or intend to pursue demands for arbitration against HSN raising similar claims and counsel for the claimants are the same or coordinated (“Mass Arbitrations”), then the following additional procedures shall apply (“Additional Procedures Pertaining Only to Mass Arbitrations”). You agree that if you or your counsel elect to pursue your Dispute as part of Mass Arbitrations, then the adjudication of your Dispute might be delayed. The Mass Arbitrations will be subject to a staged bellwether process and the AAA Multiple Consumer Case Filing Fee Schedule (as defined in the AAA rules) shall apply (or the Mass Arbitrations fee schedule of the designated arbitration body, as set forth above) if there is an administrator. Counsel for the claimants and counsel for HSN shall each select 20 cases per side (40 total) to be filed in and to proceed in arbitration in bellwether proceedings to be adjudicated individually, with each case assigned to a separate arbitrator. In the meantime, no other demands for arbitration may be prosecuted and/or filed, processed, or deemed filed with AAA (or the designated arbitration body, as set forth above) if there is an arbitration administrator. Should the parties be unable to resolve the remaining demands for arbitration after the adjudication or resolution of the first set of bellwether proceedings, each side shall select 20 additional cases per side (40 total) to be prosecuted and/or filed in and to proceed in arbitration in bellwether proceedings to be adjudicated individually, with each case assigned to a separate arbitrator. In the meantime, no other demands for arbitration may be prosecuted and/or filed, processed, or deemed filed with AAA (or the designated arbitration body, as set forth above) if there is an administrator. This staged process shall continue until the parties adjudicate or resolve all of the Mass Arbitrations. No fees shall be assessed for a given case until that case is selected for a bellwether proceeding. If these Additional Procedures Pertaining Only to Mass Arbitrations apply to your demand for arbitration, any statute of limitations applicable to your claims shall be tolled from the time that the first cases are selected for the first set of bellwether proceedings until your demand for arbitration is selected for a proceeding, withdrawn, or otherwise resolved. A court shall have the authority to enforce these Additional Procedures Pertaining Only to Mass Arbitrations and, as needed, to enjoin the filing or prosecution of arbitrations and/or the assessment of fees.
(e) Survival and Modifications
As referenced above, this Dispute Resolution and Arbitration Agreement shall survive termination of the Conditions. Notwithstanding any provision to the contrary, modifications to this Dispute Resolution and Arbitration Agreement shall not apply to any Dispute for which Notice has already been provided to you or HSN.
These Conditions contain the entire understanding of you and HSN with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and HSN with respect to the subject matter hereof. The failure of HSN at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of HSN to thereafter enforce each and every provision of these Conditions. No waiver by HSN of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. Except as otherwise provided herein, if any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.
We may assign our rights and obligations under these Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
These Conditions will be governed by and construed in accordance with the Federal Arbitration Act, and the laws of the State of Florida without regard to conflict of laws principles. If any claim or action proceeds in court rather than through arbitration (except for small claims), such claim or action shall be in the courts of the State of Florida, Pinellas or Hillsborough County, or of the U.S. District Court for the Middle District of Florida, Tampa Division, and HSN and you consent to the personal jurisdiction and venue of such courts. Notwithstanding the above, in any claim or action alleging personal injury or property damage caused by products you purchase from HSN, HSN reserves the right to apply the product liability law (including any product liability defenses) of your state of residence.
HSN shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, public health emergencies, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks or other causes beyond HSN’s reasonable control, whether similar or dissimilar to any of the foregoing.
PLEASE PRINT A COPY OF THESE CONDITIONS FOR YOUR RECORDS AND PLEASE CHECK THE WEBSITE FREQUENTLY FOR ANY CHANGES TO THESE CONDITIONS.
Revised: August 1, 2022