Last Updated: October 24, 2024
Dailies Inc. (doing business as “DailiesPods,” “we,” “us,” or “our”) provides its services (described below) to you through its website located at
dailiespods.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and indicate at the top of this page the date these terms were last revised. We will also notify you through the Services user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Please be advised: These Terms of Service contain provisions that govern how claims between you and DailiesPods can be brought (SEE THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION BELOW). These provisions will, with limited exception, require you to:
Please review the Dispute Resolution by Binding Arbitration section below for further details and your options.
When using certain aspects of the Services or using certain Services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, our Privacy Policy and Help Center. All such terms are hereby incorporated by reference into these Terms of Service.
The Services consist of an online marketplace and platform through which Educators may offer classes for sale to Parents, and Parents may purchase such classes for the benefit of their children. While DailiesPods strives to maintain high standards of service, you acknowledge and agree that:
Different sections of the Site and Terms of Service affect Educators and Parents differently, so please be sure to read these Terms of Service carefully.
DailiesPods’ Service is an online platform for live and interactive learning experiences, designed for Parents to find and book Classes for their child or children, and for Teachers to conduct and facilitate those Classes. As the provider of this educational platform, DailiesPods does not own, create, sell, resell, control, or manage any Classes directly. DailiesPods’ responsibilities are limited to: (i) providing the Site as an online platform to facilitate the purchase, conduct, and delivery of Classes, and (ii) serving as the limited agent of each Teacher for the purpose of accepting payments from a Parent on behalf of the Teacher.
There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While DailiesPods strives to provide a safe and welcoming environment for its Users, you agree that all of these risks are ultimately borne by you, and not DailiesPods. DailiesPods does not control the behavior of Users or the quality of the Classes. As a result, DailiesPods cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Classes.
You will be required to register with DailiesPods in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.
You must be of legal age to form a binding contract to register for the Service (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your Parent to read these Terms of Service and agree to them for you before you use the Service. If you are a Parent and you provide your consent to your child’s use of the Service, then you agree to be bound by these Terms of Service with respect to your child’s use of the Service.
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify DailiesPods of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. DailiesPods will not be liable for any loss or damage arising from your failure to comply with this Section.
DailiesPods reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DailiesPods will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You acknowledge that DailiesPods may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on DailiesPods’ servers on your behalf. You agree that DailiesPods has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that DailiesPods reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that DailiesPods reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Classes that take place through DailiesPods’ video chat platform may be recorded automatically (“Class Recordings”). We value student and Teacher privacy, and our use of Class Recordings is extremely limited. Specifically, Class Recordings are made available only to the Teacher providing the Class in question, in order to allow them to (1) provide a viewable copy to students who missed the Class, or who wish to review the Class, for their personal educational purposes; and (2) review the Class Recording personally to improve their Classes.
Please note that in some cases, Classes may be taught by a Teacher who is part of an educational organization, group, or team of instructors. In such cases, Class Recordings may be accessed by the organization, and access would not necessarily be limited to a single individual instructor. In addition, DailiesPods may use Class Recordings to provide feedback to Teachers, to improve our Services, for customer support, and for compliance purposes.
DailiesPods retains Class Recordings subject to our Privacy Policy and can be deleted under the following conditions (a) upon the request of a Parent for the deletion of their child’s personally identifiable information, or (b) upon the reasonable determination of DailiesPods that a Class Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. We will not use Class Recordings containing images of you (or your children) for promotional or any other purposes without your express written consent. By using the Services, you consent to you and/or your child appearing in Class Recordings for the limited purposes set forth above.
As a Teacher, you must provide DailiesPods with any information requested in order for us to list your Classes through our Services. DailiesPods has sole discretion as to which Classes we list on the platform, and we reserve the right to reject any Classes or remove Classes from the platform for any reason. Additionally, DailiesPods has discretion to edit Class descriptions as needed to align them with our platform standards. DailiesPods has sole discretion as to which Teachers are accepted into the platform and we reserve the right to reject any potential Teacher and remove or suspend any Teacher from the platform for any reason. DailiesPods may, but is not required to, conduct background checks on and interviews of Teachers in its discretion and solely for its own benefit. As a Teacher, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.
When you join the DailiesPods community, you agree to follow our policies, including our community standards. These expectations include thoughtful and professional communications with our community (colleagues, parents, children), modeling appropriate behavior for our learners, and acting professionally. In addition, you agree to use social media, blogs, and other online forums in an appropriate manner. Inappropriate behavior in any DailiesPods-affiliated online forum includes, but is not limited to: behavior intended to provoke, bully, demean, or cause harm to others, or to create conflict; or any other posts or content that DailiesPods, in its discretion, believes to be unconducive to a respectful and welcoming community for all.
Inappropriate behavior in any online forum includes, but is not limited to: posting online or speaking to the media on DailiesPods’ behalf without prior written authorization from DailiesPods; posts that DailiesPods, in its discretion, finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about learners, teachers, parents, or DailiesPods staff, even if the target is not identified by name; sharing any private material, communication, or information regarding parents of learners, including but not limited to students’ or parents’ names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; posts that may be harmful to DailiesPods’ ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of children; and any other violation of DailiesPods’ community standards.
Each Teacher is required to report to DailiesPods any suspected case of child abuse or neglect they become aware of during their work with DailiesPods students. Consistent with the Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), DailiesPods defines “abuse or neglect” as: “any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation”; or “an act or failure to act which presents an imminent risk of serious harm.” Teachers may also be required to report suspected abuse or neglect to local authorities, and DailiesPods expects all Teachers to comply with their individual reporting responsibilities. DailiesPods itself may report instances of suspected abuse or neglect as it deems appropriate.
From time to time, DailiesPods may partner with schools across the United States to offer educational experiences through our platform to young learners through their school (“School Learners”). When this is the case, applicable law requires that DailiesPods Teachers learn about and familiarize themselves with their obligations under student data and privacy protection laws and the related legally-mandated DailiesPods safeguards. Teachers interested in offering their classes to School Learners must therefore complete the Teacher Safety and Privacy training described in our Help Center. Once a Teacher completes this training, they may offer all of their classes to School Learners in addition to non-School Learners.
Each Teacher is solely responsible for obtaining all licenses and other permissions required to offer or provide any Classes, and DailiesPods assumes no responsibility for a Teacher’s failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules, or regulations.
You understand and agree that DailiesPods is not an insurer, agent, or employer for you as a Teacher. If a Parent purchases any of your Classes, any agreement you enter into with such Parent is between you and the Parent, and DailiesPods is not a party thereto. Notwithstanding the foregoing, DailiesPods is authorized to serve as your limited agent purely for the purpose of accepting payments from Parents on your behalf and transmitting such payments to you (minus our Fees). You acknowledge and agree that, as a Teacher, you are responsible for your own acts and omissions while using the Services. With the sole exception of students enrolled in the applicable Class, and/or their Parents, you further agree that you will not share any Class Recordings made available to you by DailiesPods to any third parties. Allowing other Teachers within your organization to view the Class Recordings, however, is permissible.
To the extent that you are using the Services as a Teacher, you agree to abide by the terms of our Help Center.
Each Parent agrees to pay all applicable fees for Classes (“Enrollment Fees”) as set forth on the Site. All Enrollment Fees are payable in the currency specified on the Site at the time of purchase. You shall be responsible for all taxes associated with the Services, other than U.S. taxes based on the Company’s net income. Parents authorize DailiesPods to bill their payment instrument upon confirmation of a purchase and agree to pay any charges incurred. If a Parent disputes any charges, they must notify DailiesPods within sixty (60) days after the date of the charge.
DailiesPods will transfer the Enrollment Fees to the Teacher’s payment account (such as Stripe) for each sale of a Class (or set of Classes, as applicable) to a Parent within a reasonable period of time, minus DailiesPods’ service fees (“DailiesPods Fee”), according to the schedule and policies detailed in our Help Center. Teachers must have a valid payment account set up to receive funds. DailiesPods has the discretion to withhold payment to the Teacher if a Parent reports that the Classes were not provided or were inadequately completed. This may include but is not limited to instances where a Teacher did not attend a Class or the Class quality did not meet expectations. DailiesPods will independently review such cases, seeking input from both the Parent and the Teacher, and may decide at its sole discretion to issue a refund to the Parent. All determinations made by DailiesPods with respect to a refund are final and binding on both the Parent and Teacher.
Each Teacher appoints DailiesPods as their limited payment collection agent solely for the purpose of accepting the Enrollment Fees from Parents. Each User agrees that payment of Enrollment Fees by a Parent to DailiesPods, as the Teacher’s limited payment collection agent, shall be considered the same as a payment made directly by such Parent to the relevant Teacher, and the Teacher will provide the relevant Classes to the Parent, as outlined on the Site, as if the Teacher had received payment directly. DailiesPods, as the limited payment collection agent for the Teacher, agrees to facilitate the payment of any Enrollment Fees (less the DailiesPods Fee) for Classes pursuant to these Terms of Service unless otherwise agreed between DailiesPods and the Teacher. In the event that DailiesPods does not remit such amounts, the Teacher will have recourse only against DailiesPods.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“content”) that you upload, post, publish, or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by DailiesPods. DailiesPods reserves the right to investigate and take appropriate legal action against anyone who, in DailiesPods’ sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to law enforcement authorities. You agree to not use the Service to:
Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by DailiesPods, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. For clarity, you acknowledge and agree that Class Recordings constitute Service Content, not User Content. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by DailiesPods from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of DailiesPods, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by DailiesPods.
The DailiesPods name and logos are trademarks and service marks of DailiesPods (collectively the “DailiesPods Trademarks”). Other DailiesPods, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to DailiesPods. You should not interpret anything in these Terms of Service or the Service to mean that DailiesPods is in any way explicitly or implicitly giving you any license or right to use any of DailiesPods’ Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of DailiesPods Trademarks is solely for DailiesPods’ exclusive benefit.
Under no circumstances will DailiesPods be liable in any way for any content or materials of any third parties (including users), including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that DailiesPods may, but is not required to, pre-screen content, and DailiesPods and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, DailiesPods and its designees will have the right to remove any content that violates these Terms of Service or is deemed by DailiesPods, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all rights, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You retain any intellectual property rights that you hold in your User Content, and DailiesPods does not claim any ownership (copyright, trademark, or otherwise) over your User Content. By submitting, posting, or otherwise uploading User Content on or through the Services, you grant DailiesPods a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set forth below:
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service (“Submissions”) provided by you to DailiesPods are non-confidential and DailiesPods will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that DailiesPods may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of DailiesPods, its users, and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
DailiesPods respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify DailiesPods of your infringement claim in accordance with the procedure set forth below.
DailiesPods will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to DailiesPods’ Copyright Agent at support@dailiespods.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: Dailies Inc., 2700 S Oak Knoll Ave, San Marino, CA 91108, USA
To be processed, the notification must be in writing and contain the following information:
Each notice shall be limited to no more than ten individual claims. If said notice includes more than the maximum number of claims, DailiesPods will only address the first ten in such notice.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. DailiesPods has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that DailiesPods will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that DailiesPods is not liable for any loss or claim that you may have against any such third party.
Our Services may include AI-powered tools designed to support personalized learning and engagement. These features may be accessible to parents, guardians, and educators to aid in monitoring learning progress, generating reports, and creating personalized educational plans for students. Use of these AI-powered features is subject to the terms outlined in this Agreement and our Privacy Policy. Users are responsible for ensuring that their access and use of these tools comply with applicable data protection laws.
You agree to release, indemnify, and hold DailiesPods and its affiliates and their officers, employees, directors, and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DAILIESPODS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
DAILIESPODS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU ACKNOWLEDGE AND AGREE THAT ANY CRIMINAL BACKGROUND CHECKS CONDUCTED BY DAILIESPODS ON TEACHERS ARE SOLELY FOR ITS OWN BENEFIT. DAILIESPODS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE SITE OR SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAILIESPODS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DAILIESPODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL DAILIESPODS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DAILIESPODS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and DailiesPods, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, or any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than in a court, in accordance with the terms of this Arbitration Agreement. You may, however, assert individual claims in small claims court if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, which, if the law allows, can seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and DailiesPods are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
YOU AND DAILIESPODS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS AGREED TO BY DAILIESPODS, THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. ONE (1) ARBITRATOR MAY, HOWEVER, BE APPOINTED TO OVERSEE CONSOLIDATED CLAIMS BROUGHT BY MORE THAN ONE PERSON OR PARTY. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF TO THAT PARTY’S INDIVIDUAL CLAIM(S). Nothing in this Paragraph or in this Arbitration Agreement more generally is intended to waive non-waivable rights under the Private Attorneys General Act, Cal. Lab. Code § 2698 et seq.
DailiesPods aims to resolve disputes amicably and efficiently. Most customer concerns can be resolved quickly by emailing customer support at support@dailiespods.com. If efforts are unsuccessful, a party intending to seek arbitration must first send a written Notice of Dispute (“Notice”) by certified mail. The Notice to DailiesPods should be sent to Dailies Inc., 2700 S Oak Knoll Ave, San Marino, CA 91108, USA. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) specify the relief sought. If DailiesPods and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or DailiesPods may commence an arbitration proceeding. During arbitration, neither party may disclose the amount of any settlement offer until after the arbitrator determines the award.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, visit https://www.adr.org/. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent terms would not result in a fair arbitration. All issues are for the arbitrator to decide, including the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator may award the same damages and relief on an individual basis that a court could award. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for limited reasons.
Unless otherwise agreed, any arbitration hearings will take place at a location reasonably convenient for both parties. If the parties cannot agree on a location, the AAA will determine it. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted based on documents, through a telephonic hearing, or in person. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner of arbitration, the arbitrator will issue a reasoned written decision.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise specified. Any payment of attorneys’ fees will also be governed by the AAA Rules.
All aspects of the arbitration proceeding, including the ruling, decision, or award, will remain strictly confidential.
If any term of this Arbitration Agreement (other than “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is found to be invalid or unenforceable, it will be replaced with a valid term that comes closest to the intention of the invalid term, and the Arbitration Agreement will continue as modified. If the provisions of “Prohibition of Class and Representative Actions and Non-Individualized Relief” are found invalid or unenforceable, then this entire Arbitration Agreement will be null and void, but the remainder of the Terms of Service will continue to apply.
New users may opt out of this Arbitration Agreement within 30 days after first accepting the Terms of Service. To opt out, send an email to arbitration@dailiespods.com with your name, email address, and a request to opt out of arbitration. If you opt out, neither you nor DailiesPods will be required to arbitrate disputes, but the Terms of Service will still apply. If the Arbitration Agreement is materially changed in the future, you may reject such changes by sending written notice to DailiesPods within thirty (30) calendar days of the change.
If DailiesPods changes this Arbitration Agreement in the future, you may reject the change by sending written notice within thirty (30) days of the change to the Notice Address. By rejecting changes, you agree to arbitrate any disputes in accordance with this Arbitration Agreement as it was in effect on the date you first accepted these Terms of Service or accepted any subsequent changes.
You agree that DailiesPods, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if DailiesPods believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. DailiesPods may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice and acknowledge and agree that DailiesPods may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that DailiesPods will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and DailiesPods will have no liability or responsibility with respect to those interactions.
DailiesPods reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and DailiesPods and govern your use of the Service, superseding any prior agreements between you and DailiesPods with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and DailiesPods agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California.
The failure of DailiesPods to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may not assign these Terms of Service without the prior written consent of DailiesPods, but DailiesPods may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
At DailiesPods, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Dailies Inc., 2700 S Oak Knoll Ave, San Marino, CA 91108, USA.
Please contact us at support@dailiespods.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.