Website Terms of Use

Last updated on February 21, 2025

YOUR USE OF THIS SITE IS GOVERNED BY THESE TERMS 

BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THAT YOU ARE ENTERING INTO A BINDING LEGAL CONTRACT WITH US. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SITE OR ITS CONTENT. 

NOTICE OF BINDING ARBITRATION, CLASS ACTION WAIVER, AND WAIVER OF TRIAL BY JURY

THESE TERMS CONTAIN A MANDATORY MUTUAL ARBITRATION AGREEMENT. UNDER THAT ARBITRATION AGREEMENT, YOU AGREE THAT WE WILL RESOLVE ALL DISPUTES BETWEEN US BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU UNDERSTAND THAT BOTH OF US ARE GIVING UP THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MASS ARBITRATION, THE RIGHT TO A COURT PROCEEDING, AND THE RIGHT TO A JURY TRIAL. SEE SECTION 16 FOR MORE INFORMATION.

CHANGES TO THESE TERMS

WE MAY UPDATE THESE TERMS FROM TIME TO TIME IN OUR SOLE DISCRETION. ALL CHANGES ARE EFFECTIVE IMMEDIATELY UPON POSTING TO THIS SITE. YOU AGREE TO BE BOUND BY ANY REVISED TERMS IF YOU CONTINUE TO ACCESS AND USE THE SITE AFTER WE POST UPDATED TERMS. IF WE MAKE MATERIAL CHANGES TO THESE TERMS, WE WILL POST A NOTICE AT THE TOP OF THESE TERMS, ON THE HOMEPAGE OF THE SITE, OR OTHERWISE COMMUNICATE WITH YOU.

COOKIES, PIXELS, SESSION REPLAY AND OTHER TRACKING TECHNOLOGIES (ADTECH)

WE MAY USE COOKIES, PIXELS, SESSION REPLAY AND OTHER TRACKING TECHNOLOGIES, INCLUDING THIRD-PARTY TRACKING TECHNOLOGIES (“ADTECH”) ON OUR SITE. WE USE ADTECH TO COLLECT AND PERFORM DATA ANALYTICS, TO RECORD HOW YOU INTERACT WITH THE SITE AND OUR CONTENT, AND TO SERVE YOU WITH TARGETED ADVERTISING. BY VISITING AND USING OUR SITE, YOU ARE CONSENTING TO OUR USE OF ADTECH AND UNDERSTAND AND AGREE THAT WE MAY SHARE PERSONAL INFORMATION ABOUT YOU WHICH WE COLLECT FROM THE USE OF ADTECH WITH OUR THIRD-PARTY ADVERTISING AND ANALYTICS PARTNERS. FOR MORE INFORMATION ABOUT HOW USE ADTECH, PLEASE SEE OUR PRIVACY POLICY.

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TERMS

Eligibility. You must be at least 18 years old or the age of majority in your state to use the Site.

Privacy. We collect, use, and share certain information and data when you use the Site, including certain personal information. For more information about how we collect, use, protect and share personal information, please see our Privacy Policy,

Changes to the Site. Andis reserves the right to modify in whole or in part, or temporarily or permanently discontinue, any Site or any products, services or content contained on the Site for any reason and at any time and without notice to you. Should you be unable to locate an item you saw on a previous visit to our Site, please contact our Customer Service department.

Site Availability. There may be times when the Site or portions of the Site are unavailable due to routine or emergency maintenance, support activities, or for reasons beyond our control. We do not represent, warrant, or guarantee that the Site or your account will be available at all times or is completely free of errors.

Site Access. You are responsible at your own expense for providing all equipment necessary to establish a connection to and access to the internet, and any other connection fees associated with access to and use of the Site. We do not guarantee that the Site will operate with your computer or mobile device, equipment, service plans, or any software that you install on or use with your computer or mobile device.

Certain portions of the Site may allow you to set up an account or subscribe to certain features or benefits, including creating a unique username and password or providing certain personal information. By joining, subscribing or submitting information to Andis through the Site, you expressly agree to (a) provide only accurate and truthful information; (b) not impersonate any third party in creating the account or using the Site; (c) keep your login and password information confidential; (d) ensure that any person accessing your account is aware that the account is subject to these Terms; (e) supervise and be responsible for any use of your account; and (f) notify us and promptly change your login information if you believe that an unauthorized person has access to your login information.

You agree to accept responsibility for all activities that occur under your account or password. Andis reserves the right to suspend or terminate any user account for any other reason in its sole discretion.

Andis, its affiliates or its third party licensors own all copyrights, trademarks, trade dress and other intellectual property contained on the Site or contained in email correspondence you may receive through the Site (“Intellectual Property Rights”). The Site and all images, illustrations, designs, icons, photographs, trademarks, logos, text, software, and sounds on the Site as a whole, including collection, arrangement, and assembly of such content on the Site (the “Content”) is owned by or licensed to Andis. Andis, its suppliers and licensors expressly reserve all of their Intellectual Property Rights in the Content as applicable.

You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms.

As a user of the Site, you agree to comply with the following rules and obligations:

Comply with Laws. You agree to use the Site, the Content and your account in compliance with all applicable federal, state, and local laws, rules, and regulations.

Be Truthful and Honest. You agree that you will:

• submit only true, accurate, and complete information to us when using the Site and your account;
• not misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
• not use a buying agent to conduct transactions on the Site;
• not conduct fraudulent activities on the Site.

Protect Intellectual Property Rights. You agree not to:

• use any meta tags or any other hidden text utilizing Andis' name or marks;
• use the Site or its Content in a manner which infringes or misappropriates the Intellectual Property Rights of Andis or any third party;
• modify, adapt, translate, copy, distribute, re-publish, transmit, broadcast, display, perform, reproduce, publish, reuse, sell, resell, license, create derivative works of, or transfer the Site or its Content in whole or in part;
• create the false appearance that any program, person, or entity is associated with you, Andis, the Site, or any third party; or
• remove any copyright, trademark, or other proprietary rights notice from the Site, the Content or materials originating from the Site.

No Misuse of the Site, Your Account, or the Content. You agree not to use the Site, your account, or the Content to:

• defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
• reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site or its Content;
• use the Site or its Content to advertise or offer to sell or buy any goods or services without Andis' express prior written consent;
• download, copy, or transmit any Content for the benefit of any other merchant;
• frame, mirror, or use framing techniques on any part of the Site without Andis’ express prior written consent;
• use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, scrapers, robots, avatars, or intelligent agents) to navigate or search the Site or its Content other than the search engine and search agents provided by Andis or publicly available browsers;
• make any use of data extraction, scraping, mining, or other data gathering tools, or create a database or AI model by systematically downloading or storing Site Content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images;
• send unsolicited or unauthorized communications on behalf of Andis, including promotions and/or advertising of products or services;
• harvest or collect personal information about other users of the Site;
• reverse engineer, decompile, or disassemble any portion of the Site or its Content;

No Interference with the Operations of the Site. You agree not to: 

• violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the operation of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Andis website) or to the Site (impersonating another user);
• tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site, or any activity being conducted on the Site;
• restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site).

Andis welcomes your feedback, reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site or us, including through our social media pages, (“User Content”) if the User Content submitted by you complies with these Terms, including the Acceptable Use Policy.

You understand and acknowledge that you are responsible for whatever content you submit, and you, not Andis, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to Andis or to any area of the Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Andis and/or post it to the Site. For any User Content you submit, you grant to Andis a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you.

Andis reserves the right, but does not assume any responsibility, to (a) monitor any User Content; (b) remove any User Content posted on the Site; and (b) terminate any user’s access to all or part of the Site. Andis assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties.

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) we offer will be subject to certain rules. If you participate in any Promotions, please review the applicable rules, as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

Andis makes commercially reasonable efforts to accurately display the products featured on the Site. However, the colors we use, and the capabilities of your computer monitor will affect the colors you see on your screen. We cannot guarantee that your monitor's display of any color, size, texture, or merchandise details will be accurate. Additionally, certain products may be updated or replaced with similar products. We cannot guarantee that any particular model or product displayed on the Site is the current model.

We attempt to maintain current and accurate information on our Site. However, there may be occasions when information featured on our Site may contain typographical errors, incomplete data, inaccuracies, or items featured on the Site that are no longer in stock. We do not warrant that the information accessible via these Site is accurate, complete or current. We reserve the right to correct errors and to update product information at any time.

Andis administers and operates the Site from Sturtevant, Wisconsin USA; however, the Site may be hosted at other locations in the United States or outside of the United States by third party service provides or cloud services. Although the Site may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Andis reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Andis' will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Site can be identified and removed via our DMCA process listed below. You agree to comply with this DMCA process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Andis' copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Andis that your copyrighted material has been infringed. Andis does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. 

If we receive a clear and valid notice pursuant to the guidelines set forth below, Andis will respond by either taking down the allegedly infringing content or blocking access to it. Andis may contact the notice provider to request additional information. 

Under the DMCA, Andis is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). 

The Alleged Infringer is allowed under the law to send Andis a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). 

Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
2. Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
3. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
4. If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
7. Be signed; and
8. Be sent to our DMCA designated agent at the following address:

DMCA Designated Agent

Andis Company

1800 Renaissance Blvd

Sturtevant, WI 53177

Email: info@andisco.com

 

These Terms do not apply to any other website owned or operated by any third party retailer, supplier or service provider; even if such third party links to a website owned by Andis or Andis links to that third party website. Accordingly, these Terms does not apply to the practices of any third party, affiliate, or business partner that Andis does not own or control. You acknowledge that Andis does not review or control such third party websites and is not responsible for any content, services, products or practices of such third parties.

THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ANDIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. ANDIS MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE CONTENT, LISTED PRODUCTS, OR THE SITE.

 

THE SITE AND ITS CONTENT MAY BE OUT OF DATE, AND ANDIS MAKES NO COMMITMENT TO UPDATE THE SITE OR CONTENT. CONTENT AVAILABLE ON THE SITE MAY REFER TO PRODUCTS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY OR LOCAL AREA. CONSULT ANDIS DIRECTLY FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES THAT ARE CURRENTLY AVAILABLE TO YOU. WE EXPRESSLY DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM OR RELIANCE UPON THE USE OF THE SITE OR THE CONTENT BY ANY USER OR THIRD PARTY.

 

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE SITE OR CONTENT WILL BE FREE OF VIRUSES OR MALWARE. ANDIS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, MALWARE OR OTHER HARMFUL MATERIAL DUE TO YOUR USE OF THE SITE OR ITS CONTENT. ANDIS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH CONTENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE, OR YOUR DOWNLOAD OF CONTENT FROM THE SITE.

 

ANDIS EXPRESSLY DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING FROM OR RELATED TO THE USE OF ADTECH ON OUR SITE, INCLUDING, BUT NOT LIMITED TO COOKIES, PIXELS, SESSION REPLAY OR OTHER TRACKING TECHNOLOGIES.

 

This warranty disclaimer section does not apply to product warranties. For more information on product warranties, see our Customer Care page.

 

IN NO EVENT WILL ANDIS, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, MANUFACTURERS, EMPLOYEES OR AGENTS (“ANDIS PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, ANY SITE, ITS CONTENT, ANY SERVICES PROVIDED ON OR THROUGH SUCH SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY SITE OR ITS CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ANDIS AND WHETHER OR NOT ANDIS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

IF YOU HAVE A CLAIM AGAINST ANDIS THAT ARISES OUT OF THESE TERMS OR IS OTHERWISE RELATED TO THE SITE, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANDIS TO YOU BE MORE THAN THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID ANDIS FOR SERVICES RELATED TO THE SITE OVER THE PRECEDING TWELVE (12) MONTHS; OR (B) $100.

Some jurisdictions, including New Jersey, do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
 

You agree to defend, indemnify and hold harmless Andis and its affiliates and subsidiaries; and their respective officers, directors, owners, agents, employees, affiliates, licensees and licensors, from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site in violation of any of these Terms.

These Terms, the Arbitration Agreement, and Andis' operation of the Site shall be governed and interpreted in accordance with the laws of the United States and the State of Wisconsin without regard to its conflicts of laws provisions. Except as provided in Section 16 (Dispute Resolution; Arbitration), you agree to the personal jurisdiction of and venue in the state and federal courts in Milwaukee County, Wisconsin or a federal court of competent jurisdiction in the Eastern District of the State of Wisconsin. You waive any objection to such jurisdiction or venue.

No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Andis reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

16.1 Waiver of Rights. 

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THIS COVERS ANY DISAGREEMENT, DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF OUR SITE, CONTENT, OR ANY OTHER ASPECT OF YOUR RELATIONSHIP WITH ANDIS, WHETHER IN CONTRACT, TORT OR OTHERWISE (“DISPUTE”) EXCEPT THE FOLLOWING:

• ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; AND 
• ANY DISPUTE TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION

EACH PARTY MAY PROCEED IN ANY DISPUTE ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR MASS ARBITRATION.

BY ENTERING INTO THIS ARBITRATION AGREEMENT, INDEPENDENT OF THE REMAINING PROVISIONS OF THESE TERMS, AND BY AGREEING TO A WAIVER OF CLASS ACTIONS OR MASS ARBITRATIONS, EACH OF US IS GIVING UP CERTAIN RIGHTS, INCLUDING:

• THE RIGHT TO FILE A LAWSUIT OR HAVE A JURY TRIAL. INSTEAD, WE WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. THERE IS NO JUDGE OR JURY IN ARBITRATION AND THE DISCOVERY AND APPEAL PROCESS IS DIFFERENT. 
• THE RIGHT TO PURSUE CLASS ACTIONS, CLASS ARBITRATION OR MASS ARBITRATION, COLLECTIVE, OR REPRESENTATIVE CLAIMS.

16.2 Good Faith Negotiations. We always prefer to resolve Disputes by negotiating in good faith. Either party may attempt to resolve a Dispute through good faith negotiations. In the event of a Dispute, each party shall first send written notice of the Dispute to the other party, which includes the party contact’s name, address, email address, phone number and a description of the relief being sought (“Dispute Notice”). Notice by Andis will be sent to you at your last known street and email addresses on file, and notice by you to Andis will be sent by mail to Andis Company, Attn: Legal Department, 1800 Renaissance Blvd, Sturtevant, WI 53177. Within 30 days after delivery of the Dispute Notice (unless mutually agreed by the parties), the parties shall meet virtually at a mutually acceptable date and time. You and Andis then agree to negotiate personally, individually, and in good faith to try to resolve the Dispute. At no point during this time shall either party initiate litigation or arbitration, except for Disputes subject to injunctive or other equitable relief. If the Parties cannot resolve the Dispute within 60 days of the Dispute Notice, either party may pursue individual arbitration proceedings as described below. Any limitations period will be tolled from the date the Dispute is noticed to the other side until the expiration of this sixty (60) day period. Compliance with and completion of this Good Faith Negotiations provision is a condition precedent and requirement for initiating any arbitration proceedings.

16.3 Mutual Arbitration Agreement.

1. Arbitration of Individual Disputes. Any Dispute which cannot be resolved through good faith negotiations, must be pursued through binding arbitration on an individual basis as described in this Section 16. (the “Arbitration Agreement”). The arbitration shall be administered before a single arbitrator.
2. Scope of Arbitrator’s Decision Making. The parties agree that the arbitrator shall decide all Disputes and all related issues excluding: (a) issues expressly reserved for a court decision in these Terms; (b) issues that relate to the scope, validity, and enforceability of the Arbitration Agreement, class action waiver, jury waiver or any of the dispute resolution provisions of this Agreement; (c) issues that relate to the arbitrability of any Dispute; (d) whether a Dispute is barred by the statute of limitations or a contractual provision in these Terms; (e) issues related to the scope, application and enforceability of the waiver provisions are for the court to decide or (f) whether filing of a demand for arbitration was authorized by a party. All other issues are for the arbitrator to decide.
3. Final and Binding Decision. The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties will bear the costs of the arbitration in accordance with the Consumer Arbitration Rules. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action, class arbitration or mass arbitration.
4. Applicability of the FAA. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
5. Survival. This Arbitration Agreement provision will survive the termination of these Terms.

 

16.4 AAA Proceedings. All arbitrations shall be filed with and administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and the Mass Arbitration Supplementary Rules (collectively, the “AAA Rules”). For more information, please see the American Arbitration Association website at www.adr.org.

 

16.5 Mass Arbitrations. If 25 or more arbitration demands asserting the same or substantially similar claims, and seeking the same or substantially similar relief are submitted to AAA with the assistance or coordination of the same law firm(s) or legal entities against either party (a “Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 10 demands per batch with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by AAA Rules in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by us, you and other claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180-days, failing which any party may cease arbitration and file in a court of competent jurisdiction.

 

16.6 Appointment of Arbitrator for Batch Proceedings; Procedural Arbitrators. Arbitrators will be selected in accordance with the applicable AAA Rules. The arbitrator will determine the location for each batch proceeding. The parties agree to cooperate in good faith with each other and with AAA to implement a “batch approach” to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA in its discretion, for each batch of demands. 

 

The parties shall cooperate with each other and with AAA to establish any other processes or procedures that will provide for an efficient resolution of any claims. If the parties cannot agree on a batching process, the parties agree that AAA shall appoint a procedural arbitrator. This “Batch Arbitration” provision shall not increase the number of demands necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorizing class arbitration of any kind. 

 

Andis does not agree or consent to class arbitration, mass arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances. The parties agree that this batching provision is critical to this Section 16. If the batching provision in this Section 16 is found to be invalid, unenforceable or illegal, then Section 16 shall be null and void, and neither party shall be entitled to arbitrate any claim that is a part of the Mass Filing.

 

16.7 Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to a AAA mediator selected from a group of 5 mediators initially proposed by AAA. Andis and the counsel for the remaining claimants’ have the right to strike one mediator and then rank the remaining mediators and the highest collectively ranked mediator being selected. 

 

The selected mediator is responsible for attempting to resolve the Dispute in the Mass Filing. The Parties will then have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either we or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither party opt out and they cannot agree to a method for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

 

16.8 Opt-Out. If you wish to opt out of this Arbitration Agreement, you must, within forty-five (45) days of first using the Site or the Content, send a letter stating “Request to Opt-Out of Arbitration Agreement” to: Andis Company, Attn: Legal Department, 1800 Renaissance Blvd, Sturtevant, WI 53177. If you opt out of this Arbitration Agreement, all other parts of this Agreement will still apply to you. This opt-out does not apply to the class action waiver in Section 16.1. Opting out of this Arbitration Agreement has no effect on any other current or future Arbitration Agreements you may have with us.

 

16.9 Modification. If we modify this Arbitration Agreement, you may reject that change by sending us written notice within thirty (30) days of our posting of the change, in which case we will terminate your account and you must stop using the Site, your account, and the Content.

 

16.10 Applicable Law. Wisconsin law applies to any arbitration under this Agreement, but the FAA governs the interpretation and enforcement of the Arbitration Agreement.

 

16.11 Enforceability. IF ANY OF THE TERMS OF THIS ARBITRATION AGREEMENT, INCLUDING THIS CLASS ACTION WAIVER, IS DEEMED INVALID OR UNENFORCEABLE, NEITHER PARTY MAY USE ARBITRATION TO RESOLVE DISPUTES UNDER THESE TERMS AND ALL DISPUTES WILL BE RESOLVED THROUGH LITIGATION.

 

Your failure to comply with these Terms automatically revokes your authorization to use the Site and terminates all rights granted to you under the Terms. You agree that we shall not be liable to you or any third party for any termination of your access to the Site, the Content, or your account. Your obligations to Andis and its affiliates and third party service providers relating to your use of the Site or products purchased on or through the Site prior to termination shall continue after termination. 

These Terms constitute the entire agreement between you and Andis with respect to the use of the Site and its Content and supersede any prior written or oral agreement related to your use of the Site between you and Andis and its affiliates and subsidiaries, which shall have no further force or effect. If any provision of these Terms, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the rest of the Terms shall remain in full force and effect. No provision of these Terms shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms shall operate as a waiver or estoppel of any right, remedy, or condition. Restrictions regarding the Content, disclaimers and liability limitations under the Terms shall survive termination of these Terms for any reason.

If you have any questions or concerns about Andis, your use of the Site, or these Terms, please contact us using one of the methods below:

Email: info@andisco.com 

Phone: 1-800-558-9441

Mail:

Andis Company

1800 Renaissance Blvd

Sturtevant, WI 53177