Terms of Service

Effective April 4, 2023

Welcome to SendToPhil. Before using our service, it is important to understand our terms, policies and rules.

Accepting these Terms

This document, our rules, policies and the other documents referenced herein make up our Terms of Service (“Terms”). The Terms are a legally binding contract between you and SendToPhil (“SendToPhil”). This contract sets out your rights and responsibilities when you use SendToPhil and our Service (the “Service” includes the “Website”), To access most features of the Service, you must register for an Account with us (an “Account” or a “SendToPhil Account”). Our Service includes all related websites, networks, downloadable software, and other services provided by us and on which a link to the Terms are displayed. Please read our Terms completely and carefully.

BY USING OUR SERVICE, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.

Our Policies menu gives you information such as the list of Prohibited Items, product guidelines, and provides clarifications to frequently asked questions (“FAQ”). The Policy Center is available on the bottom of the website and as a link under “Policies.”

We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.

Some important introductions for you.

1. Description of the Service

The Service is an online business-to-consumer focused website.
SendToPhil provides a website that allows users (referred to herein as “Users” of the Service) to purchase goods to send to family and relatives in the Philippines (referred to herein as “Recipients”). Goods listed on the website are advertised by SendToPhil to its Users. Inventory is held by 3rd party sellers (such as Costco and Sam’s Club) or marketplaces (such as Amazon and Target) and referred to herein as “Suppliers”. When Users check out and pay, SendToPhil purchases the goods from Suppliers, and are received on behalf of Users. These goods are carefully packed into a box by SendToPhil in its warehouse in California which is then picked up or delivered to 3rd party shippers (referred to herein as “Shippers”). While SendToPhil may help facilitate the shipment, the Shipper is entirely responsible for the shipment of goods (referred to herein as “goods”, “products” or “items”) to its destination in the Philippines.
SendToPhil provides payment processing services using third party service providers for items purchased on its website and app. Payment options include but are not limited to credit card, debit card, PayPal, Meta Pay, Amazon Pay and Apple Pay. SendToPhil does not accept or dispense cash.
SendToPhil is responsible for processing refunds, chargebacks or payment reversals and providing customer service in relation to questions related to the Service, but is not and shall not be involved in other disputes between Users and the Shippers, or Users and the Suppliers, or Users and its Recipients.
By accepting these Terms, you acknowledge that you will provide accurate and timely information to SendToPhil to comply with our regulatory requirements in providing services to you. Further, your acceptance of the Terms includes acceptance of our Privacy Policy.

2. Other Terms and Policies Which Apply

SendToPhil is licensed to offer its services in the United States. For an individual to have an Account you must be at least 18 years old, or the age of majority in your state or country of residence.

By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time-to-time (“Policies”). These Terms apply to all Users:

SendToPhil helps people in the U.S. to buy goods and pack them for shipment to the Philippines. The following Terms may apply, depending on how you use our Service. It is important to follow these rules for SendToPhil to evaluate selling and packing decisions and the continued use of our Service.

Law Enforcement and Other Government Agencies Information Requests - If you are contacting us from an authorized law enforcement agency to request information about a User this process applies to you.

3. Your Account with SendToPhil

You’ll need to create an Account with SendToPhil to use some features of our Service. If SendToPhil determines that your use of an Account violates any of our Terms, or is otherwise inappropriate or illegal, SendToPhil may, at its sole discretion, take action, up to and including termination of your Account. Additional information can be found in the Policies section including the Prohibited Items policies. If you have previously violated our Terms using another Account, refuse to provide information, or if we are unable to verify the information you provided, you may be ineligible for an Account, and/or your Account may be limited, suspended or closed.

Here are a few rules about Accounts with SendToPhil:

A User shall not use a SendToPhil Account for money laundering or any illegal purpose or in violation of any law or regulation or provision of these Terms. As a condition for using the Service, we hold all Buyers accountable for violations of law, violations of these Terms and all applicable policies.
You must be 18 years of age or older to have a SendToPhil Account, or the age of majority in your state of residence.
You may be required to provide us with current and accurate information about yourself and your recipient (such as your name, address, phone number) (“User Information”). We may verify your User Information with a third-party vendor. We also may request you to send us additional documents or information to help us verify your identity. It is prohibited to use false information or impersonate another person through your Account.
If you make purchases, you will be asked to provide information about your Payment Instrument(s). “Payment Instrument(s)” include(s) credit card, debit card, an account hosted elsewhere such as PayPal, or another payment method permitted by Shopify Inc. which utilizes its own payment providers. We do not accept or check as a payment method. Payment Instruments are stored with Stripe Inc. for future use. Stripe Inc. may validate that your Payment Instrument is in good standing with the financial institution/issuer. You agree that the User Information and Payment Instrument information you provide to us (to verify with Stripe) is accurate and that you will keep it updated.
If you utilize our shipping options it is your responsibility to provide the correct recipient address to enable valid tracking information. You are responsible for any additional fees from the carrier(s) if you provide the incorrect address or recipient name or other such actions that result in additional fees.
You are solely responsible for any activity and listings on your SendToPhil Account.
You are responsible for ensuring your Account accurately reflects your current User Information including your contact information, such as phone number, email and mailing address. You may be asked to update or verify this information from time to time so SendToPhil may continue to service your account.
You are responsible for all fees, chargebacks, or payment reversals received by SendToPhil, even after you close your Account. Amounts owed to SendToPhil may be requested via an invoice by SendToPhil to be processed as a payment from you or processed by a collections agency.
You are responsible for keeping your Account password secure. If you believe your account has been compromised please contact support@sendtophill.com.

Please visit our Help pages for questions about setting up an Account with SendToPhil.

4. Termination by You

You may terminate your Account with SendToPhil at any time from your Account Settings. You can find more information in the Help Center. After terminating your Account, some of your orders and completed transaction information may still be available in your Account. However, you should save all needed information prior to terminating your Account.

You are still responsible for all fees, shipping overages, chargebacks/payment reversals or refunds received by SendToPhil, even after you close your Account. You remain obligated to help resolve any disputes with the Shipper that are the result of shipment of goods that occurred prior to termination. SendToPhil-issued credits or unused coupons become invalid and expire upon termination of your account.

5. Scope of License

Our Services are licensed, not sold, to you for use only under our Terms. SendToPhil reserves all rights not expressly granted to you. SendToPhil hereby grants you a personal, limited, revocable, non-transferable license to use the Website on a single compatible device that you own or control, solely for your own use.

You may not modify, alter, reproduce, distribute or make the Website available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Website.

You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or regulation or third party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the Website or any content available through the Website.

The Service may include open source software or third party software. Any such software is made available to Users under the terms of the applicable licenses. Please refer to the Help Center for the applicable notices and license terms.

6. Third Party Services and Linked Websites

The Privacy Policy applies to your use of the Service and you consent to the collection and use of your information, including personally identifiable information by SendToPhil. Our Service may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, payment services such as Paypal) that enable you to export information to third party services. You may also need to use a third party’s product or service to use some features of our Service (like a compatible mobile device to use our mobile apps or to purchase a warranty) or use through our implementation of third party buttons (such as "share" buttons). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use and privacy policies. SendToPhil is not a party to those agreements; they are solely between you and the third party.

7. Your Use of Our Service

We grant you a limited, non-exclusive, non-transferable and revocable license to use our Service—subject to these Terms and the following restrictions:

Don’t Use Our Service to Break the Law. You agree that you will not violate any laws in connection with your use of the Service. This includes any local, state, federal and international laws that may apply to you. It’s your responsibility to obtain any permits or licenses and have proof of ownership or receipts if required; You may not use SendToPhil to send items that violate any laws, to commit fraud, theft or any other crimes against SendToPhil, another SendToPhil User, a Recipient, or a third party. Please review our Prohibited Items.
Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, other harmful computer code, or any activity that provides an excessive burden on the Services, or otherwise negatively affects the enjoyment of the Services by other Users.
Agreement to Receive Electronic Communications. By using our Service, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
Items You Purchase. SendToPhil does not manufacture any of the items sold through our Service. Items that you purchase on our website are resold by SendToPhil from Suppliers and are delivered to our warehouse by its fulfillment service. The items on our website are produced, listed and sold directly by independent third-party sellers or manufacturers, so SendToPhil cannot and does not make any warranties about items’ quality, safety or legality. Any legal claim related to an item you purchase must be brought directly against the manufacturer of the item. You release SendToPhil from any claims related to items sold through our Service, including for defective items, misrepresentations by Supplier or items that caused physical injury (like product liability claims).
Account Limitations. SendToPhil, may place limits or restrictions on your use of our Service due to your Account activity, limited verified User information available or to enforce a regulatory limit. You may be required to complete certain actions on your Account to remove that limitation.
Other Disclaimers/Warranties.

SendToPhil is dedicated to making our Service the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
We do not guarantee that the Service will be secure or available at any particular time or location; or that any defects or errors will be corrected; or the results of using the Service will meet all your expectations. We will take every reasonable effort to ensure that the Service will be free of viruses or other harmful materials and to correct defects once identified.

8. Limitation, Suspension or Termination

SendToPhil reserves the right to change, suspend, limit or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).

We may refuse service to anyone and may terminate or suspend your Account (and any related Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by law. For example, SendToPhil will promptly terminate without notice the Accounts of Users who are determined by SendToPhil to be "repeat offenders." A repeat offender is a User who has been notified of a violation of our Terms, engages in infringing activity, or has had content removed from the Service at least twice.

If we terminate, limit or suspend your Account or access to our Service:

You don’t have a contractual or legal right to continue to use our Service, for example, to buy on our website. We will not be liable to you for the effect that any changes to the Service may have on you, including your income or your ability to generate revenue through the Service.
You remain responsible for fees, shipping fees, chargebacks/funds reversals, returns or refunds requested and remain obligated to resolve any disputes with the Suppliers and Shippers that are a result of purchases of goods occurring prior to termination/suspension.
We may require Users to verify information including but not limited to identity, financial or contact information. SendToPhil may refuse a User access to or suspend a User from all or part of the Service until the completion of such verification, including placing holds on your SendToPhil Account balance.

9. Fees Generally

All final fees associated with a transaction and/or shipping are communicated to the User at the time of transaction. The User is presented with the total amount of the order including fees, in the order summary prior to checkout. The fees will be included in the payment total. It is the Users responsibility to review the fees prior to making the payment.

In general, fees occur as follows:

Shipping Fees. The shipping amount is payable by the User and may vary based on location and will depend on the Shipper selected. The final fee is communicated at time of transaction. If we are contacted by one of the Shippers and/or if SendToPhil is charged for postage due to use of incorrect weight classifications, SendToPhil may invoice you separately.

Convenience Fees. SendToPhil charges 20% of the shipping fee as a Convenience Fee to the User for every completed sale. This is non-refundable.

Transaction Fees. Users are charged Payment Processing Fees which includes a 2.9% rate of the combined item sold price and shipping price plus $0.50 per completed transaction.

Cancellation Fees. If a User requests a cancellation of an order within 24 hours after the purchase has been completed, SendToPhil may charge a cancellation fee of 5% of the order price less shipping price. The convenience fees are non-refundable.

Tax Free. When you purchase items, these items will be delivered to the Philippines as its final destination, Since it is outside of the United States, taxes will not apply to your purchase (item and/or shipping).

10. Payments

Any payment made in connection with the Service shall be made through SendToPhil using its payments processing providers.

Purchases made by the User’s Payment Instrument through the Service are subject to the terms and conditions between User and the issuer (bank) of the Payment Instrument.

By agreeing to these Terms, you authorize SendToPhil and/or its payment processor to charge or debit your designated Payment Instrument, as applicable, when you make transactions or if you incur additional fees or amounts owed to SendToPhil for the Service(s). All associated fees will be provided on the purchase receipt.

11. Cancellation of a Transaction; Refunds

See SendToPhil’s Refund Policy for information.

12. Transaction Records, Receipts and Customer Service

Records of your payment transactions through the Service will be reflected in your order history in your SendToPhil Account. A receipt will also be sent to the email address you provided on your Account. You are responsible for reviewing your payment transaction history to determine if there are any errors or unauthorized transactions, and for immediately alerting SendToPhil via email at support@sendtophil.com or by calling 626-319-1800..

It is your obligation to print or save a copy of your transaction history if desired. Please refer to the Electronic Communications Policy for additional information.

13. Disputes

In the event that a User submits a chargeback or other form of request for payment reversal, SendToPhil will respond to the payment network as the merchant of record on behalf of the User involved in the transaction. The User agrees to provide any information to SendToPhil within five (5) calendar days of the request. SendToPhil reserves the right to recoup funds associated with User chargebacks/payment reversals or refunds through any permissible legal means.

If there is a dispute between a User and a third party with regard to the Service, the matter shall be resolved by such Users at their own cost.

If you have a dispute with a Supplier, Shipper or Recipient, you release SendToPhil and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

14. Indemnification; Limitation of Liability

We hope this never happens, but if SendToPhil gets sued because of an action you took using our Service, you agree to indemnify us and assist in defending SendToPhil to the best of your ability. That means you must assist SendToPhil in defending any matter in which you were involved by providing information related to the experience. You must hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of our Service, your breach of the Terms, or your Account’s infringement of someone else’s rights.

Liability Limits. To the fullest extent permitted by law, neither SendToPhil, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, actual, indirect, special or punitive damages arising out of or in connection with the Service or these Terms. In no event shall SendToPhil’s aggregate liability for any damages exceed the greater of one hundred ($100) U.S. Dollars or the amount you paid SendToPhil in the past twelve months for use of the Service. When packages leave the SendToPhil warehouse and are in the hands of the shipper, the liability of the “Shipper” for any loss or damage to the shipment (which term shall include all goods and effects to the “Shipper” under the Bill of Lading and/or Packing List is limited to a maximum of $100.00 per box unless additional insurance is purchased. Please see terms and conditions of the Shipper - https://www.lbcexpress.com/terms-and-conditions.

Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify SendToPhil from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Disclaimer of Warranties. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. SendToPhil DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

SENDTOPHIL IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. SENDTOPHIL HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.

Limitation of Liability. IN NO EVENT WILL SENDTOPHIL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SENDTOPHIL HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

SENDTOPHIL SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.

SENDTOPHIL SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES, THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, BANK DIRECT DEPOSIT TRANSFERS, OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Force Majeure. SendToPhil shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action, war or acts of terrorism; acts of nature including earthquakes, fire, flood or other acts of God; pandemics, labor conditions; power failures and/or internet disturbances.

15. Miscellaneous

These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and SendToPhil.
The Terms, including the Policies and other documents incorporated by reference herein, supersede any other agreement between you and SendToPhil regarding the Service.
If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms, or any of our rights and obligations under the Terms, at any time without consent.

Notice

If SendToPhil determines that there is a need to notify or contact a User, it will do so by sending a text message, email, or letter to the email address or mailing address provided by the User. Alternatively, the notice may be displayed on the website, or by other reasonable means. SendToPhil shall not be liable for any damages incurred due to the fact that SendToPhil’s notice or communication was not received or was delayed.

You may print or download our policies. If you are a California resident, you may also have these Terms sent to you electronically by emailing us a request for these Terms.

Governing Law and Jurisdiction

These Terms shall be governed and construed under the laws of California. Any dispute that arises between you and SendToPhil that may not be subject to arbitration and shall be submitted to the exclusive jurisdiction of the state and federal courts in Los Angeles, California.

Complaint Notices

If you are a California resident, California Civil Code Section 1789.3 allows you to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210, in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

16. Legal Disputes and Use of Arbitration

You and SendToPhil each agree that any and all disputes or claims at law or equity that have arisen or may arise between you and SendToPhil relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Service, any goods sold, offered, or purchased through the Service, or any payments processed for goods sold, offered or purchased through the Service, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than through other legal proceedings in court, except that you may assert a claim in small claims court, if it meets the criteria for such. Arbitration is more informal than a lawsuit filed in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and SendToPhil agree that the Federal Arbitration Act governs the interpretation and enforcement of this Article.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND SENDTOPHIL 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 BOTH YOU AND SENDTOPHIL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Arbitration Procedures. The assigned independent arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this or any other applicable Terms or Policies, any part thereof, including, but not limited to, any claim that all or any part of these Terms are void or voidable.

All arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable). The AAA’s rules are available at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must also send a copy of the completed form to SendToPhil at the following address in order to initiate arbitration proceedings: SendToPhil. Attn: Legal 122 Shire Ct. San Dimas CA 91773.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same SendToPhil User to the extent required by applicable law or regulation. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. For claims under $5,000, SendToPhil will reimburse you for all arbitration fees, including the initial filing fee, if you are deemed the prevailing party by the arbitrator.

Severability. With the exception of any of the provisions in this Policy, if an arbitrator or court decides that any part of this policy is invalid or unenforceable, the other parts of this Policy shall still apply. If an arbitrator or court decides that any of the provisions in this Policy ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this section shall be null and void.

Opt-Out Procedure

IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THIS ARTICLE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO SENDTOPHIL, 122 SHIRE CT. SAN DIMAS CA 91773.