Terms of Use
Welcome to Tragic Studio 804 LLC Online Store!
Effective Date: 10/17/2023
Last Updated: 03/24/2025
Welcome to our online store! Tragic Studio 804 LLC and its affiliates provide services subject to the following terms and conditions. By accessing, browsing, or shopping on this website, you agree to these conditions. Please read them carefully.
Please read the terms below carefully as they affect your legal rights
· The agreement includes a class action waiver and jury trial WAIVER AND requires binding arbitration on an individual basis to resolve most disputes except as otherwise provided below.
· In arbitration there is less discovery and appellate review than in court. Arbitration provides a streamlined process with limited discovery and appellate review compared to court proceedings.
· Your use of the sites constitutes your agreement to follow and be bound by the agreement.
· We reserve the right to update or modify this agreement at any time without prior notice. For this reason, we encourage you to review the agreement whenever you use any of the sites.
· If you do not agree to these terms, please do not use the sites.
PRIVACY
Please review our Privacy Notice, which governs your visit to our website and explains how we collect, use, and protect your information.
Our Privacy Notice details how we collect, use, and share your personal information when you access or use our websites, mobile applications, and any other online services.
Please read the Privacy Policy to learn more about how we process your personal information, including details on your privacy rights and choices.
The Privacy Policy is also available through the link located at the bottom of the Sites.
Site Transactions & order management
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
ELECTRONIC COMMUNICATIONS
When you visit TRAGIC STUDIO 804 LLC or send e-mails to us, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Site Contents
Unless otherwise noted, the Sites, and all features and materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress, and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled, or licensed by TRAGIC STUDIO 804 LLC, and other trademarks appearing on the Sites are the trademarks of TRAGIC STUDIO 804 LLC collaborative partners and/or its subsidiaries.
The Sites and the Contents are intended solely for personal, non-commercial use.
You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only.
No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any of the Contents or the Sites.
Unless otherwise specified, the Sites and the Contents are intended to promote TRAGIC STUDIO 804 LLC products and services available in the United States. ]The Sites are controlled and operated by TRAGIC STUDIO 804 LLC from its private home studio in Chesterfield, Virginia.
One or more patents may apply to the Sites, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.
Health & Safety Disclaimer
The content on this website is for informational purposes only and does not constitute medical advice. Before participating in any physical activities, training, or exercise programs mentioned on this site, consult with a qualified healthcare professional. Tragic Studio 804 is not responsible for any injuries, health complications, or other issues that may arise from engaging in activities described on this site. If you experience discomfort, pain, or adverse effects at any time, discontinue immediately and seek medical attention.
INTELLECTUAL PROPERTY, SITE USAGE, & ACCOUNT TERMS
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TRAGIC STUDIO 804 LLC or its content suppliers and protected by international copyright laws.
The compilation of all content on this site is the exclusive property of TRAGIC STUDIO 804 LLC, with copyright authorship for this collection by TRAGIC STUDIO 804 LLC and protected by international copyright laws. Unauthorized use, reproduction, or distribution of any content is strictly prohibited.
Notice and Procedure for Making Claims of Copyright Infringement
TRAGIC STUDIO 804 LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact TRAGIC STUDIO 804 LLC via official certified mail with the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description where the material that you claim is infringing is located on the site including the specific location (URL or direct link) of the infringing material on our website;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Submit information to:
Tragic Studio 804 LLC
2108 N ST
Sacramento, CA 95816
Please note that this procedure is exclusively for notifying TRAGIC STUDIO 804 LLC and its subsidiaries that your copyrighted material has been infringed.
TRADEMARKS
TRAGIC STUDIO 804 LLC trademarks and trade dress may not be used in connection with any product or service that is not TRAGIC STUDIO 804 LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TRAGIC STUDIO 804 LLC.
All other trademarks not owned by TRAGIC STUDIO 804 LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TRAGIC STUDIO 804 LLC or its subsidiaries.
LICENSE AND SITE ACCESS
TRAGIC STUDIO 804 LLC grants you a limited, non-exclusive, and revocable license to access and make personal use of this site.
With this usage you are not permitted to download (other than page caching) or modify it, or any portion of it, except with express written consent of TRAGIC STUDIO 804 LLC.
This license does not include:
· Any resale or commercial use of this site or its contents.
· Any collection and use of any product listings, descriptions, or prices.
· Any derivative use of this site or its contents
· Any downloading or copying of account information for the benefit of another merchant.
· Any use of data mining, collection of data, robots, or similar data gathering and extraction tools.
· Framing or using meta tags that misrepresent Tragic Studio 804 LLC.
Any unauthorized use automatically terminates this license.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TRAGIC STUDIO 804 LLC.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TRAGIC STUDIO 804 LLC and our associates without express written consent.
You may not use any meta tags or any other "hidden text" utilizing TRAGIC STUDIO 804 LLC name or trademarks without the express written consent of TRAGIC STUDIO 804 LLC. Any unauthorized use terminates the permission or license granted by TRAGIC STUDIO 804 LLC.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TRAGIC STUDIO 804 LLC so long as the link does not portray TRAGIC STUDIO 804 LLC, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any TRAGIC STUDIO 804 LLC logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
If you are under 18, you may use our website only with the involvement of a parent or guardian.
TRAGIC STUDIO 804 LLC and its associates reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS & SUBMISSIONS POLICY
CUSTOMER FEEDBACK & CREATIVE SUBMISSIONS
TRAGIC STUDIO 804 LLC welcomes customer feedback and appreciates your thoughts on our products and services. However, we do not accept or consider unsolicited creative ideas, proposals, designs, or plans ("Proposals") unless explicitly requested or submitted through official channels confirmed by our Founder, Primary Visionary, Designer, and Curator – Krystal.
While TRAGIC STUDIO 804 LLC value customer feedback and interactions we are unable to accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by customers (collectively, “Proposals”) other than those we have specifically requested or received through official submission means validated by our Founder, Primary Visionary, Designer, and Curator – Krystal. This policy is in place to prevent misunderstandings in case a Tragic Studio 804 LLC project seems similar to an unsolicited idea. Please do not send creative Proposals through any means not officially verified by Tragic Studio 804 LLC.
If you send certain specific submissions at our request (for example, contest entries, customer reviews, or photographs), post comments, photos, reviews, or other content on the Sites, or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Contents”), you agree that TRAGIC STUDIO 804 LLC may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your Comments in any medium. TRAGIC STUDIO 804 LLC is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments. We have the right but not the obligation to monitor and edit or remove any Comments. You may not repost, republish, or redistribute Comments outside of the Sites.
POSTING COMMENTS & USER CONTENT
By submitting reviews, comments, photos, or other content (“Content”) whether through our website, contests, social media, email, or mail you agree that Tragic Studio 804 LLC may, at any time and without restriction:
· Edit, copy, publish, distribute, translate, and use your Content in any format or medium.
· Modify or remove any Content at our discretion.
· Decline to respond to submissions or compensate for them.
Tragic Studio 804 LLC is not responsible for monitoring posted Content but reserves the right to edit or remove anything that violates our guidelines.
CONTENT GUIDELINES
As a visitor you may post reviews, comments, and other feedback through official submission channels within the Sites as long as your content is:
· Does not contain illegal, obscene, threatening, defamatory, invasive content of privacy.
· Does not infringing of intellectual property rights, or otherwise injurious to third parties or objectionable content. This includes including content does not violate copyright, trademark, privacy or other personal or proprietary rights.
· Does not contain libelous or otherwise unlawful, abusive, or obscene material.
· Does not consist of or contain political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
· Original in content, as you must own the rights to your submissions.
· Safe and free from viruses, malware, or content that could hard the website or others accessing and operating the website and content of the Sites.
Tragic Studio 804 LLC assumes no liability for any user-generated Content posted by visitors or third parties.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card, comments, or other content. TRAGIC STUDIO 804 LLC reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
You agree to comply with our Endorsement Policy and to clearly and conspicuously disclose if you received compensation or other incentive of any kind, from any source, in exchange for posting Comments. You are solely responsible for any Comments you make and their accuracy. TRAGIC STUDIO 804 LLC takes no responsibility and assumes no liability for any Comments posted by you or any third party.
USER REPRESENTATIONS & GRANT OF RIGHTS
By posting Content, you grant Tragic Studio 804 LLC and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to:
Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your Content worldwide.
Use the name submitted with the Content (if applicable).
By posting, you represent and warrant that:
You own or control the rights to your Content.
Your Content is accurate and does not violate our policies.
You will indemnify Tragic Studio 804 LLC for any claims arising from the Content you provide.
You grant TRAGIC STUDIO 804 LLC and its associates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify TRAGIC STUDIO 804 LLC or its associates for all claims resulting from content you supply.
TRAGIC STUDIO 804 LLC has the right but not the obligation to monitor and edit or remove any activity or content. TRAGIC STUDIO 804 LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS & PRODUCT POLICY
RISK OF LOSS
All items purchased from TRAGIC STUDIO 804 LLC are made pursuant to a shipment contract. This means that once your order is handed off to the carrier, ownership and risk of loss transfer to you. We are not responsible for lost, stolen, or damaged shipments after they leave our facility.
PRODUCT INFORMATION
Some products displayed on the Sites are available in select stores in the United States. Prices are listed in U.S. Dollars and may differ from in-store or other online pricing.
Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to our Return & Exchange Policy.
We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Sites. We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.
PRODUCT DESCRIPTIONS
TRAGIC STUDIO 804 LLC and its associates attempt to be as accurate as possible. However, TRAGIC STUDIO 804 LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
If a product offered by TRAGIC STUDIO 804 LLC itself is not as described, your sole remedy is to return it in unused condition in accordance with our Return & Exchange Policy.
ERRORS, INACCURACIES, AND OMISSIONS
Despite our best efforts, the website may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, and availability.
We reserve the right to correct errors, update information, or cancel orders affected by inaccuracies at any time—even after an order has been placed.
We are not obligated to honor incorrect pricing or product details due to errors.
PRICING POLICY
Prices on our website may not match prices in retail locations, pop-up events, third-party platforms, or other marketplaces. Pricing can change without notice and may vary based on availability, promotions, and market conditions.
RIGHT TO CHANGE SITES
TRAGIC STUDIO 804 LLC reserve the right, at any time in our sole discretion, to modify, suspend, or discontinue the Sites or any service, content, feature, or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites.
You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or any service, content, feature, or product offered through the Sites.
Links to Other Websites and Services
The Sites may contain links to other websites that are not under the control of TRAGIC STUDIO 804 LLC. TRAGIC STUDIO 804 LLC has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the Sites and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for your convenience and information.
Indemnification
By using this site, you agree to defend, indemnify and hold TRAGIC STUDIO 804 LLC harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, due to your use of our Sites and/or your breach/violation of any representation, terms, warranty, or other provision outlined within TRAGIC STUDIO 804 LLC Terms of Use.
LIMITATION OF LIABILITY & DISCLAIMER
LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER VIRGINIA STATE LAW, IN NO EVENT SHALL TRAGIC STUDIO 804 LLC
(1) BE LIABLE TO YOU WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES AND
(2) BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT, OR CORRUPTION OF INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES.
YOUR SOLE REMEDY IS TO STOP USE OF TRAGIC STUDIO 804 LLC SITES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM OR DISPUTE MUST BE PROVIDED TO TRAGIC STUDIO 804 LLC WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.
IF YOU RESIDE IN A JURISDICTION OTHER THAN VIRGINIA, YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED BY TRAGIC STUDIO 804 ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY GUARANTEES OR WARRANTIES.
TRAGIC STUDIO 804 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, ERROR FREE PERFORMANCE, OR PRODUCTS INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRAGIC STUDIO 804 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TRAGIC STUDIO 804 DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TRAGIC STUDIO 804 ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TRAGIC STUDIO 804 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting TRAGIC STUDIO 804 LLC SITES, you agree that any disputes that might arise between you and TRAGIC STUDIO 804 LLC or its associates will be governed by the laws of the state of VIRGINIA, UNITED STATES OF AMERICA, without regard to principles of conflict of laws. You also agree that TRAGIC STUDIO 804 LLC Sites Terms of Use outlined here within will be governed by the laws of the state of VIRGINIA, UNITED STATES OF AMERICA, without regard to principles of conflict of laws.
DISPUTES & ARBITRATION POLICY
DISPUTE RESOLUTION & ARBITRATION AGREEMENT
By using Tragic Studio 804 LLC, you agree that any dispute related to your visit or purchases—whether made online or in person—shall be resolved through binding arbitration in Virginia, USA. This means:
· No court trials, no jury. Arbitration is conducted by a neutral arbitrator, following the rules of the American Arbitration Association (AAA).
· Limited discovery. Arbitration is faster and more informal than a lawsuit.
· Final & binding. The arbitrator’s decision is enforceable as a court judgment.
Any dispute relating in any way to your visit to TRAGIC STUDIO 804 LLC or to products you purchase through TRAGIC STUDIO 804 LLC online or via in person shall be submitted to confidential arbitration in VIRGINIA, UNITED STATES OF AMERICA, except that, to the extent you have in any manner violated or threatened to violate TRAGIC STUDIO 804 LLC intellectual property rights, TRAGIC STUDIO 804 LLC may seek injunctive or other appropriate relief in any state or federal court in the state of VIRGINIA, UNITED STATES OF AMERICA, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
To the fullest extent permitted by law, you waive:
· The right to bring or participate in class actions or consolidated claims.
· The right to a jury trial for any dispute.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Your use of Tragic Studio 804 LLC is also governed by other policies (e.g., Shipping & Returns), which may be updated at any time. We reserve the right to modify site content, policies, or terms without prior notice.
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to TRAGIC STUDIO 804 LLC.
We reserve the right to modify our site content, policies, and these Terms of Use at any time without prior notice.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
APPLICABLE LAW
All disputes are governed by Virginia state law and the Federal Arbitration Act, without regard to conflicts of law principles.
DISPUTE RESOLUTION POLICY
DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER)
Please read this section carefully. It affects your legal rights. It provides for resolution of most disputes through individual arbitration instead of court trials and class actions.
Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court.
By using Tragic Studio 804 LLC, you agree to resolve most disputes through individual arbitration rather than court trials or class actions. Arbitration is a faster, more informal process handled by a neutral arbitrator instead of a judge or jury, with limited discovery and final, binding decisions.
To the fullest extent permitted by law, you waive:
· The right to participate in class actions, collective, or consolidated claims.
· The right to a jury trial in any dispute.
This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general, or representative action in arbitration or litigation to the fullest extent permitted by applicable law.
ARBITRATION AGREEMENT
All disputes related to this Terms of Use, our website Sites, or your relationship with Tragic Studio 804 LLC—whether based on contract, tort, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved through binding individual arbitration, except in the following cases:
1. Small Claims Court: Either party may take a claim to small claims court, provided it is not appealed or transferred to a general jurisdiction court.
2. Unless you and TRAGIC STUDIO 804 LLC agree otherwise.
3. Intellectual Property Rights: Disputes involving patents, copyrights, trademarks, or trade secrets are exempt and may be brought to court.
Dispute shall be interpreted broadly and include, but not be limited to: (1) any dispute or claim that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after termination of this Agreement.
The arbitrator shall decide all issues except the following, which are for a court of competent jurisdiction to decide: (1) issues that are reserved for a court in this Agreement; (2) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, jury trial waiver, or any of the provisions of this Dispute Resolution section; and (3) issues that relate to the arbitrability of any Dispute.
This Agreement and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that this Agreement evidences a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law (not state arbitration law).
MANDATORY INFORMAL DISPUTE RESOLUTION PROCESS
Before initiating arbitration, you must attempt to resolve the dispute informally through this mandatory process:
1. Written Notice: The party asserting the dispute must send a written notice via first-class or registered mail with the following details:
o Name, address, email, and phone number.
o A clear explanation of the dispute and claim.
o The relief sought, with calculations if applicable.
o Any relevant transaction or account details.
o A personal signature (and attorney’s, if applicable).
Send Notice To:
Tragic Studio 804 LLC
2108 N St, Sacramento, CA 95816
Our notice to you must be sent to your last-used billing address or the billing and/or shipping address in your online profile.
2. Good Faith Negotiation (60 Days): For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a TRAGIC STUDIO 804 LLC representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period.
3. Condition for Arbitration: If the dispute remains unresolved after completing this process, either party may proceed with arbitration. Failure to comply with this process may result in legal enforcement by a court.
Statute of Limitations Pause: The clock on any legal deadlines pauses from the date of notice until this process is complete.
Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration with a Process Arbitrator or merits arbitrator.
All applicable limitations periods (including statutes of limitations) shall be tolled from the date of receipt of a completed notice through the conclusion of this Process.
You or we may commence arbitration only if the Dispute is not resolved through this Process.
ARBITRATION PROCEDURES
The arbitration of any Dispute shall be administered by and conducted in accordance with the applicable rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (where appropriate) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available online at www.adr.org.
Each party has the right to challenge the application of the AAA’s Consumer Arbitration Rules in connection with a Dispute as a threshold administrative issue. You and we understand and agree that the AAA’s administrative determination to register this arbitration agreement means it comports with the Consumer Due Process Protocols and that this determination is final and neither a court nor an arbitrator has the authority to revisit it.
If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so. An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented).
ARBITRATION DEMAND
If you are submitting an arbitration demand, you shall send it TRAGIC STUDIO 804 LLC at: TRAGIC STUDIO 804 LLC 2108 N ST SACRAMENTO, CA 95816 and follow the AAA Rules for initiating arbitration.
If TRAGIC STUDIO 804 LLC is submitting an arbitration demand, we shall send it to your last-used billing address or the billing and/or shipping address in your online profile and follow the AAA Rules for initiating arbitration.
By submitting an arbitration demand, the party and counsel represent that, as in court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b).
The demand must include a certification of compliance with the informal dispute resolution process and be signed by the initiating party (and counsel, if represented).
The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.
HEARING FORMAT
· In-Person/Remote: You may choose to have the arbitration conducted by phone, video, or in-person.
· Hearing Requirement: If the dispute involves $10,000 or more or seeks injunctive relief, the hearing must be in-person or via video, unless both parties agree otherwise.
· Location: In-person hearings will be held in Chesterfield County, Virginia, or another mutually agreed location.
You and TRAGIC STUDIO 804 LLC reserve the right to request a hearing in any matter from the arbitrator. You and a TRAGIC STUDIO 804 LLC representative will personally appear at any hearing (with counsel, if represented).
ARBITRATOR’S AUTHORITY
· Relief: The arbitrator may award individual relief, including injunctive or declaratory relief, but only to the extent necessary for the individual claim. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
· No Class Actions: Claims must be brought individually, not as part of a class or collective action. Arbitrators cannot consolidate multiple claims or preside over class, representative, or collective proceedings unless both parties agree. In other words, to the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding.
· Enforcement: The arbitrator must follow this Agreement as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.
· Written Decision: The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions.
APPEALS & ENFORCEMENT
Arbitration decisions are final and may be appealed only on limited grounds. The arbitration award can be entered as a judgment in any court of competent jurisdiction.
An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
COSTS OF ARBITRATION
Arbitration fees will be governed by the AAA Rules and fee schedule. Both parties agree to work together to keep the process cost-effective. You or we may request adjustments to fees with the AAA and agree to work in good faith to ensure arbitration is as affordable as possible for all parties.
ADDITIONAL PROCEDURES FOR MASS ARBITRATION
If you choose to participate in a Mass Arbitration, the following procedures apply, in addition to the other provisions of this arbitration agreement. A Mass Arbitration occurs when 25 or more similar disputes (including yours) are asserted against Tragic Studio 804 LLC by the same or coordinated counsel or are otherwise coordinated.
By agreeing to participate in a Mass Arbitration, you acknowledge that the resolution of your dispute may be delayed and could ultimately proceed in court. Counsel for the parties will meet and confer in good faith to resolve disputes, streamline procedures, address information exchange, modify the number of disputes to be adjudicated, and conserve the resources of both parties and the AAA’s resources.
You and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Arbitration.
Tolling of Limitations Period
Applicable statutes of limitations will be tolled from the time your dispute is submitted to the AAA until it is either selected to proceed in a staged process, settled, withdrawn, resolved, or opted out of arbitration pursuant to this provision.
STAGE ONE
· TRIGGER: If at least 50 disputes are submitted as part of the Mass Arbitration, each side will select 25 disputes to proceed individually in Stage One.
· If fewer than 50 disputes: All will proceed individually in Stage One.
· Arbitration Process: Each dispute will be assigned to a different arbitrator. If any case is withdrawn before the arbitration award, another claim will be selected to proceed.
· Unfiled Claims: The remaining disputes will not be filed, and no arbitration fees will be assessed for these claims.
· Mediation: After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One). The mediator's fee and any costs involved with the mass arbitration process will be paid based on AAA rules and provisions defined by the arbitrator.
STAGE TWO
· Trigger: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for TRAGIC STUDIO 804 LLC shall each select 25 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process.
· Limitation: The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage Two). No more than three cases may be assigned to a single arbitrator.
· Unfiled OR Withdrawn Claims: If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims.
· Mediation: After Stage Two, the parties will again engage in a global mediation session with a retired judge, who will help resolve the remaining disputes. The mediator's fee and any costs involved with the mass arbitration process will be paid based on AAA rules and provisions defined by the arbitrator.
POST MEDICATION RESOLUTION
Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Agreement.
Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process.
COURT ENFORCEMENT
A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.
ENFORCEABILITY
The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Agreement.
FUTURE CHANGES TO ARBITRATION AGREEMENT
If we make any future changes to this arbitration agreement (other than a change to TRAGIC STUDIO 804 LLC contact information), you may reject any such change by sending your personally signed, written notice via certified mail to the following address within 30 days of the change: TRAGIC STUDIO 804 LLC 2108 N ST SACRAMENTO, CA 95816.
You must include a clear statement that you wish to opt out of changes to the arbitration agreement.
Such written notice does not constitute an opt out of arbitration altogether. By rejecting the changes, you agree to arbitrate any disputes in accordance with the version of the arbitration agreement in effect prior to the change.
CLASS ACTION WAIVER AND JURY TRAIL WAIVER
YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN LITIGATION, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION.
YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL
GOVERNING LAW AND VENUE
Except with respect to the arbitration agreement, this Agreement and your use of the Sites are governed by the laws of the state of VIRGINIA, without regard to VIRGINIA’S conflict of laws rules.
If the arbitration agreement is deemed unenforceable or void, or if a dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the federal and state courts in Chesterfield, Virginia for any legal action arising out of or related to this Agreement. You waive any objections to personal jurisdiction or venue, including claims of inconvenient forum, or any right to seek to transfer or change the venue.
TERMINATION
You may terminate this Agreement at any time. TRAGIC STUDIO 804 LLC also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
SEVERABILITY AND SURVIVAL
Except as otherwise provided herein, if any provision of the Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
In addition to such other provisions that, by their terms, survive any termination or expiration of this Agreement, the following sections shall survive termination of this Agreement: (1) Indemnification; (2) Limitation of Liability; (3) Dispute Resolution (including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver); and (4) Governing Law and Venue.
GENERAL
The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of TRAGIC STUDIO 804 LLC right to require strict observance of each of the terms herein. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
QUESTIONS
Questions regarding our Terms of Use, Privacy Policy, or other policy-related material can be directed at our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: TRAGICSTUDIO804@GMAIL.COM