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The Starlight Hub Terms of Use

FOR PARTICIPATING PEDIATRIC HEALTHCARE FACILITIES

The Starlight Children's Foundation

A 501(c)(3) CALIFORNIA NOT-FOR-PROFIT CORPORATION

PLEASE CAREFULLY READ THESE TERMS OF USE (AS AMENDED FROM TIME TO TIME, THE “HUB TERMS OF USE”) BEFORE REGISTERING FOR AN ACCOUNT ON https://starlightshop.force.com/StarlightShop/ (SUCH ACCOUNT, A “HUB USER ACCOUNT,” AND SUCH WEBSITE, THE “STARLIGHT HUB”) AND BEFORE USING THE STARLIGHT HUB TO OBTAIN PRODUCTS AND SERVICES OFFERED BY THE STARLIGHT CHILDREN’S FOUNDATION (“STARLIGHT,” OR “WE” OR “OUR”).  STARLIGHT STRONGLY RECOMMENDS THAT YOU PRINT A COPY OF THESE TERMS OF USE AND KEEP A COPY FOR YOUR RECORDS.

THE STARLIGHT HUB IS AVAILABLE ONLY TO HEALTH CARE FACILITIES DULY LICENSED TO PROVIDE HEALTHCARE TO CHILDREN (A “PEDIATRIC HEALTHCARE FACILITY”).  

BY CLICKING THE “I ACCEPT” BUTTON LOCATED ON THIS PAGE AND REGISTERING ON AND USING THE STARLIGHT HUB, YOU AND THE PEDIATRIC HEALTHCARE FACILITY THAT YOU REPRESENT (COLLECTIVELY, “YOU” OR “YOUR”) CONFIRM THAT SUCH PEDIATRIC HEALTHCARE FACILITY IS DULY LICENSED AS SUCH, AND YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THESE HUB TERMS OF USE IN THEIR ENTIRETY AND AGREE TO BE BOUND BY THEM, (2) THE INDIVIDUAL SO ACCESSING THE STARLIGHT HUB HAS THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THESE HUB TERMS OF USE WITH STARLIGHT ON YOUR BEHALF, AND (3) THESE HUB TERMS OF USE CONSTITUTE YOUR BINDING AND ENFORCEABLE OBLIGATIONS.

THESE HUB TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 13 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OR CLASS ARBITRATIONS OF ANY KIND. 

IF YOU DO NOT ACCEPT THE HUB TERMS OF USE, YOU MAY NOT CREATE OR USE A HUB USER ACCOUNT.

 Last Updated: September 2, 2020.

Starlight reserves the right at any time to change the Hub Terms of Use or change the Starlight Hub, including by eliminating or discontinuing any content or features. Any changes shall be effective immediately upon posting the new Hub Terms of Use on the Starlight Hub. Your continued access and use of the Starlight Hub following such changes constitute your acceptance of them. Be sure to review the Hub Terms of Use periodically to familiarize yourself with the most recent version. You can view the Hub Terms of Use at any time by clicking on the Terms of Use link at the bottom of the Starlight Hub home page. You can determine when the Hub Terms of Use were last revised by referring to the “Last Updated” legend above. If you do not agree to any changes, you must immediately notify Starlight and cancel your Hub User Account by submitting a termination request to programs@starlight.org.

Upon Starlight’s request, you agree to sign a non-electronic version of these Hub Terms of Use.

1. Starlight Offerings Available on the Starlight Hub

Starlight delivers happiness to seriously ill children by making Starlight Deliveries and Starlight Programs (together, “Starlight Offerings”) available to you through the Starlight Hub, so that you, in turn, can deliver happiness to the seriously ill children you serve by making Starlight Offerings available to them.

  • Starlight Deliveries. Through your Hub User Account, you may order games, toys, books, DVDs and more from Starlight. You may also download themed activity toolkits, such as coloring sheets, and other digital resources for immediate use. We refer to these items and downloads as “Starlight Deliveries.” They have been donated or made available to us through the generosity of our sponsors, and subject to availability, we are pleased to donate them or, as applicable, make them available to you free of charge.  

  • Starlight Programs. Through your Hub User Account, you may also generate requests (each, a “Wish List”) for products custom-designed or created by or for Starlight and identified as such on the Starlight Hub (“Starlight Programs”), such as our Virtual Reality kits, children’s hospital wear, and gaming stations. Starlight Programs have been developed and/or created in collaboration with our donors and partners. Our goal is to have sufficient funding to deliver most Starlight Programs to you free of charge. However, if we cannot do so, we will give you the option on the Starlight Hub to purchase the Starlight Program on your Wish List.

The Starlight Hub also provides access to support and resource materials, your account information, feedback opportunities, order tracking, and other services, all as set forth on the Starlight Hub.

Fulfillment of all orders are handled by third-party service providers, who are solely and fully responsible for warehousing, packaging, shipment, delivery and other fulfillment activities in connection with Starlight Offerings. Title and risk of loss to a Starlight Offering pass to you at the time the Starlight Offering is delivered to a designated shipping carrier at Starlight’s fulfillment facility. More Information about our shipping terms can be found on our Shipping Terms & FAQ page: https://www.starlight.org/starlight-hub-shipping-terms/ (the “Shipping Terms”).

2. Pediatric Healthcare Facility Restrictions and Obligations

a. Non-solicitation. You shall not solicit products or donations from any Starlight donor or corporate sponsor to whom you are introduced for the first time by Starlight, unless Starlight provides express prior written authorization.

b. Non-discrimination. You shall institute and abide by a non-discrimination policy in accordance with the provisions of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the American with Disabilities Act of 1990, Regulations of the U.S. Department of Health and Human Services issued pursuant to the acts, Title 45 Code of Federal Regulations Part 80, 84, 91 and all other applicable federal, state and local laws, rules and regulations.

c.  Publicity. You are welcome and encouraged to publicize the positive impact of Starlight Offerings you receive. However, you must obtain Starlight’s prior written consent for and coordinate with Starlight regarding, all press statements that mention Starlight Offerings, Starlight, or its donors or partners or other participating Pediatric Healthcare Facilities, through Starlight’s press office at  info@starlight.org,  which shall do its best to respond to inquiries within 48 business hours. Press statements include, but are not limited to, press releases, media advisories, interviews, blogs, and webcasts. You acknowledge that any trademark, trade name or service mark appearing in connection with the Starlight Hub or any Starlight Offerings is the property of Starlight or its respective owner, that no rights to any such mark are granted to you under the Hub Terms of Use, and that all such rights are hereby expressly reserved. You shall not use any such trademark, trade name or service mark without the express prior written consent of the applicable owner, and, without limiting the foregoing, you acknowledge and agree that any goodwill arising from any such use will inure to the sole benefit of such owner.

d. Feedback. In order to assess the effectiveness of the Starlight Offerings, and without providing any personal patient information or individually identifiable health information, you agree, upon request from time to time, to provide Starlight with feedback on the Starlight Offerings, including feedback as to whether a specific Starlight Offering is generally enhancing the hospital experience of pediatric hospital patients and any recommendations you may have about improving the particular item’s use or deployment, together with any technical or operational difficulties that may have been encountered. You also acknowledge and agree that such feedback is not confidential, and that your provision of such feedback is gratuitous and without restriction, and does not place Starlight under any fiduciary or other obligation.

e. License. You hereby grant to Starlight a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sub-licensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit (i) to the extent you have the right, the press statements referenced in paragraph 2(c) and (ii) the feedback referenced in paragraph 2(d), and, with respect to clauses (i) and (ii), in any format or media now known or hereafter developed for any purpose (including promotional purposes, such as testimonials.

3. Additional Terms; Privacy Policy

These Hub Terms of Use hereby incorporate by reference (i) the general Starlight Terms of Use  (“General Terms”), available at https://www.starlight.org/terms/ (but without regard to the Privacy Policy contained therein), (ii) certain Shipping Terms referenced above in Section 1, and (iii) Starlight’s Hub Privacy Policy, available at https://www.starlight.org/starlight-hub-privacy

4. Hub User Account Registration

When you register to create a Hub User Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by Starlight’s registration form (including your email address), and (b) maintain and update your information (including your email address) to keep it true, accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, or if Starlight has reasonable grounds to suspect such information is untrue, inaccurate, not current or incomplete, Starlight reserves the right to suspend or terminate your Hub User Account (with or without warning).

5. Hub User Account Password and Security

As part of the registration process, you may be asked to select a username and password or you may receive a username and password. Starlight may refuse to grant you a username that personally identifies you, belongs to or is being used by another person, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or may cause confusion, as determined by Starlight in its sole discretion. You shall be responsible for the confidentiality and use of your username and password and agree not to transfer your use of or access to your Hub User Account to any third party. If you have reason to believe that your Hub User Account is no longer secure, you must promptly change your password by visiting the “My Account” page on the Starlight Hub and immediately notify Starlight of the potential security breach by emailing programs@starlight.org.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR HUB USER ACCOUNT. STARLIGHT IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THE FOREGOING OBLIGATIONS.

6. Your Use of Starlight Offerings

a. Starlight Offerings are intended exclusively to improve the quality of life of children receiving care at your facilities and their families by providing entertainment and/or distraction to pediatric patients at your facilities, and not for any other purpose. You agree that Starlight Offerings shall be used only for such purpose. You shall be solely and fully responsible for controlling, distributing, granting access to, and monitoring the operations and use of Starlight Offerings as intended, in each case, in accordance with (i) the applicable specifications of the Starlight Offerings, (ii) the terms of use, user manual, or other comparable text that may accompany a Starlight Offering, including on such Starlight Offering, on or in the packaging therefor, or as set forth or referenced by the manufacturer, supplier, third-party vendor, donor, licensor or other third-party provider of a Starlight Offering (including affiliates, a “Starlight Provider”) on its website in connection with such Starlight Offering, (iii) third-party warranties (if any) therefor, (iv) the Hub Terms of Use, (v) your internal policies and procedures, and (v) all applicable laws, rules and regulations.  You agree to be bound by the terms of use, user manual, or other comparable text that may accompany a Starlight Offering, including on such Starlight Offering, on or in the packaging therefor, or as set forth or referenced by a Starlight Provider on its website in connection with such Starlight Offering. Without limiting the generality of the foregoing, you shall (i) be solely and fully responsible for determining whether a Starlight Offering is intended or suitable for use by a pediatric patient, including for use by a patient of any particular age, and (ii) provide proper supervision and management over the use and operation of the Starlight Offerings in order to preclude their abuse or misuse, prevent injury or property damage, ensure the safety of the patient and others, enhance the patient’s experience and otherwise further the interests of the Starlight mission by delivering happiness to seriously ill children.

b. You shall not assign or otherwise transfer to any third party any Starlight gaming station, Virtual Reality kit, or such other Starlight Offering as may be identified in writing by Starlight on the Starlight Hub as a No-Transfer Offering (collectively, the “No-Transfer Offerings”).

c.  If determined as appropriate by you, you will have the right to assign or otherwise transfer a Starlight Offering other than a No-Transfer Offering to a pediatric patient or his/her family at your facilities.

d. You shall store the Starlight Offerings at your facility premises under suitable conditions in accordance with the applicable manufacturer’s instructions and guidelines and in accordance with all applicable laws, rules and regulations.

e. You shall not charge for, nor accept voluntary, recommended or required cash “donations” for, use of, or direct or indirect exchange of, Starlight Offerings.

f.   You shall ensure that Starlight Offerings are not (i) given to or taken by Pediatric Healthcare Facility volunteers, officers, directors or employees for personal use or (ii) returned to a third-party vendor’s online or brick-and-mortar retail store.

g. With respect to Starlight Offerings that Starlight donates to you or otherwise makes available to you free of charge (“Donated Offerings”) you make the representations, acknowledgements and agreements in paragraph 6(g)(i) or 6(g)(ii), as applicable:

i. Pediatric Healthcare Facilities that are public charities. You represent that you are an exempt organization as described in Section 501(c)(3) of the Internal Revenue Code (“IRC”) and a public charity and not a private foundation under IRC Section 509(a). You agree that the Donated Offerings will be used solely in connection with the care of hospitalized or otherwise seriously ill children. You acknowledge that such use is exclusively in furtherance of your charitable purposes and in compliance with the inventory donation rules under IRC Section 170(e)(3) and Treasury Regulation Section 1.170A-4A(b). You agree that the Donated Offerings were not, and will not be, transferred in exchange for money, property or services and will not be used for any activity that will give rise to unrelated business income under IRC Section 512. You agree to maintain adequate books and records of the Donated Offerings and will make them available to the IRS upon request. Upon notice by Starlight, you will, no less than annually, affirm the representations, acknowledgements and agreements contained in this paragraph 6(g)(i).

ii. For-Profit Pediatric Healthcare Facilities. You agree that the Donated Offerings will be used solely in connection with the care of hospitalized or otherwise seriously ill children. You agree that the Donated Offerings will not be transferred in exchange for money, property or service. You agree to maintain adequate books and records of the Donated Offerings and will make them available to the IRS upon request. Upon notice by Starlight, you will, no less than annually, affirm the representations, acknowledgements and agreements contained in this paragraph 6(g)(ii).

IF YOU USE ANY DONATED OFFERINGS OTHER THAN AS SET FORTH IN THIS PARAGRAPH OR YOU DO NOT COMPLY WITH ANY REPRESENTATION, ACKNOWLEDGEMENT OR AGREEMENT SET FORTH IN THIS PARAGRAPH 6(g), STARLIGHT RESERVES THE RIGHT, UPON THIRTY (30) DAYS’ NOTICE TO YOU, TO TAKE BACK ANY DONATED OFFERINGS AND NOT TO MAKE DONATED OFFERINGS TO YOU IN THE FUTURE.

h. You shall maintain complete, accurate and otherwise adequate books and records of any Starlight Offerings you receive as required by applicable tax regulations and, within thirty (30) days of a written request by Starlight, shall make such records available to Starlight, its designated agents and/or applicable governing bodies.

i.  You shall comply with the Hub Terms of Use and all applicable laws, rules and regulations in using the Starlight Hub and your Hub User Account and in distributing  or otherwise making available Starlight Offerings to the children you serve. Within sixty (60) days of a written request by Starlight, you shall provide adequate evidence to Starlight, its designated agents and/or the applicable governing bodies of your distribution and use of Starlight Offerings in accordance with the Hub Terms of Use and all applicable laws, rules and regulations.

7. Release

You (on behalf of yourself and your parents, subsidiaries, affiliates, agents, representatives, directors, employees, attorneys, advisors, insurers, successors and assigns) hereby release, absolve and forever discharge Starlight and its past and present affiliates, together with its and their respective past and present directors, officers, employees, representatives, agents, attorneys, insurers, successors and assigns (collectively, “Starlight Related Parties”) of and from any and all manner of any and all claims, counterclaims, demands, suits, actions, causes of action or other proceedings of any type or nature whatsoever, including without limitation, claims relating to physical, mental, psychological, developmental or other injury or harm to any individual (collectively, “Claims”), damages, liabilities, losses, payments, obligations, costs and expenses (including, without limitation, attorneys’ fees and costs) of any kind or nature, past, present or future, fixed or contingent, direct or indirect, in law or equity, several or otherwise, known or unknown, suspected or unsuspected, discoverable or undiscoverable, that arise from or relate in any way to the use of Starlight Offerings by you or by anyone to whom you make Starlight Offerings available. The foregoing release is expressly intended to cover and include, without limitation, all claims, past, present or future, known or unknown, suspected or unsuspected, which can or may ever be asserted by successors or otherwise, as the result of the matters herein released, or the effects or consequences thereof. The foregoing release shall not apply to Starlight’s obligations required to be performed under these Hub Terms of Use.

You hereby acknowledge that you either have been advised by legal counsel or are familiar with Section 1542 of the California Civil Code (or other similar laws in other applicable jurisdictions) which provides as follows:

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.

You expressly waive all rights that you may have under Section 1542 of the California Civil Code or other similar laws in other applicable jurisdictions. Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release and discharge of Starlight and the Starlight Related Parties, you expressly acknowledge this release is intended to include in its effect, without limitation, all Claims (except Starlight’s obligations required to be performed under these Hub Terms of Use) you do not know or suspect to exist in your favor, and that this release contemplates the extinguishment of any such Claims.

8. Indemnity

You shall indemnify, defend and hold harmless Starlight and the Starlight Related Parties from and against all losses, liabilities, demands, penalties, judgments, damages, costs and expenses (including reasonable attorneys’ fees and costs) (collectively, “Losses”) resulting from any and all Claims arising out of, relating to or resulting from (i) your breach of any covenant, acknowledgment or obligation contained in these Hub Terms of Use, (ii) exercise of your rights under these Hub Terms of Use or your use of the Starlight Hub, including your Hub User Account, (iii) your violation of any law, rule or regulation, (iv) any data, information, materials or other content you provide to Starlight, (v) your negligent or willful acts or omissions, or (vi) the purchase, shipping, storage, use (whether by you or by a pediatric patient or other person to whom you make a Starlight Offering available), distribution or other disposition of any Starlight Offering, or (vii) your activities in connection with the Starlight Hub.

9. Termination

You may cancel your Hub User Account and terminate your access to the Starlight Hub by submitting a termination request to programs@starlight.org.

Starlight may, without warning and without prior notice, suspend, terminate or limit access to your Hub User Account and/or the Starlight Hub with or without cause. Cause for such termination, suspension and/or limitation of access includes, but is not limited to:

a. The grounds for termination specified in Section 12 of the General Terms;

b. Breach of these Hub Terms of Use; or

c.  Change of your status as a foundation, non-profit organization, or military or public facility.

You agree that any termination, suspension and/ or limitation of access shall be made in Starlight’s sole discretion and that Starlight shall not be liable to you or any third party for the termination, suspension or limitation of access (as applicable) of or to your Hub User Account and the Starlight Hub.

In addition to any other available remedy, Starlight reserves the right to take steps that Starlight believes are necessary, helpful or appropriate to enforce and/ or verify compliance with these Hub Terms of Use (including in connection with any legal process relating to your use of the Starlight Hub and/or a third-party claim that your use of the Starlight Hub is unlawful or violates such third party’s rights). Further, you understand and agree that Starlight reserves the right at any time, in its good faith discretion, to forbid you from receiving or making any further disposition of any Starlight Offerings; require you to return immediately any Starlight Offerings remaining in your possession or control; and/or take any additional action Starlight determines appropriate.

10. Third-Party Materials

The Hub User Account shall provide you with access to parts of the Starlight Hub that may make available access to information, products, services and other materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Materials. Starlight has not reviewed all of the Third-Party Materials that are linked to such parts of the Starlight Hub, and Starlight has no control over such Third- Party Materials. Unless otherwise expressly and explicitly stated by Starlight, Starlight is not responsible for the availability or content of such Third-Party Materials, any updates or changes to such Third-Party Materials, or the privacy policies or other practices of such Third-Party Materials, and the fact that Starlight offers such links does not indicate any approval or endorsement of any products, services or other content connected with such Third-Party Materials. Accordingly, Starlight strongly encourages you to become familiar with the terms of use and practices applicable to Third-Party Materials. Starlight makes no representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third-party web site or otherwise. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Starlight Hub or other sites) are free of such items as viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature. YOU AGREE THAT YOUR USE OF THIRD-PARTY MATERIALS, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD-PARTY MATERIALS, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD- PARTY MATERIALS..

Additionally, other web sites may provide links to the Starlight Hub with or without Starlight’s authorization. You acknowledge and agree that Starlight and its affiliates, suppliers and agents do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Starlight Hub, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. Starlight shall have the right, at any time and in its sole discretion, to block links to the Starlight Hub through technological or other means without prior notice.

11. Warranties and Disclaimers

Except for (i) accuracy of the description and specifications of children’s hospital gowns set forth on the Starlight Hub, (ii) any explicit warranty of a Starlight Provider as may be set forth in writing on its website, on a Starlight Offering or on or in the packaging therefor (which shall not be deemed to be a warranty of Starlight) and (iii)  certain technical support with respect to repair or replacement services that Starlight or a Starlight Provider may offer in connection with Starlight’s Virtual Reality kits and gaming stations, you understand and agree that, without limiting the generality of anything set forth in these Hub Terms of Use:

a. YOUR USE OF THE STARLIGHT OFFERINGS IS AT YOUR SOLE RISK. THE STARLIGHT OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STARLIGHT EXPRESSLY DISCLAIMS ALL  REPRESENTATIONS  AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE (INCLUDING WHETHER ANY STARLIGHT OFFERING IS INTENDED OR SUITABLE FOR USE BY ANY END USER, INCLUDING CHILDREN OF ANY PARTICULAR AGE), AND NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow or limit the duration of the exclusion of implied warranties, so the above exclusions may not apply to you.

b. STARLIGHT MAKES NO REPRESENTATIONS OR WARRANTIES THAT (i) THE STARLIGHT OFFERINGS PROVIDED OR MADE AVAILABLE THROUGH THE STARLIGHT HUB SHALL MEET YOUR REQUIREMENTS; (ii) ANY STARLIGHT OFFERING SHALL BE PROVIDED AT A PARTICULAR TIME OR PLACE; (iii) ANY STARLIGHT OFFERING SHALL BE FREE FROM DEFECTS OF ANY  KIND; OR (iv) ANY STARLIGHT OFFERING SHALL MEET CERTAIN SPECIFICATIONS OR IS INTENDED OR SUITABLE FOR DISTRIBUTION TO OR USE BY ANY END USER, INCLUDING CHILDREN OF ANY PARTICULAR AGE.

c.  ANY STARLIGHT OFFERING DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE HUB USER ACCOUNT IS AT YOUR OWN DISCRETION AND RISK, AND YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION IN CONNECTION WITH ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM A STARLIGHT PROVIDER IN CONNECTION WITH THE HUB USER ACCOUNT, THE SERVICES PROVIDED THROUGH THE HUB USER ACCOUNT OR THE USE THEREOF, SHALL CREATE ANY REPRESENTATION OR WARRANTY OF STARLIGHT NOT EXPRESSLY STATED IN THESE HUB TERMS OF USE.

e. STARLIGHT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON THE STARLIGHT HUB THROUGH THE HUB USER ACCOUNT OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STARLIGHT SHALL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

f.   STARLIGHT MAKES NO REPRESENTATIONS AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, VALIDITY OR TIMELINESS OF ANY LISTINGS, DESCRIPTIONS OR IMAGES OF STARLIGHT OFFERINGS (INCLUDING ANY FEATURES, SPECIFICATIONS AND PRICES CONTAINED THEREIN). SUCH INFORMATION AND THE AVAILABILITY OF ANY STARLIGHT OFFERING ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. CERTAIN WEIGHTS, MEASURES AND SIMILAR DESCRIPTIONS ARE APPROXIMATE AND ARE FOR CONVENIENCE ONLY. STARLIGHT MAKES REASONABLE EFFORTS TO DISPLAY ACCURATELY THE ATTRIBUTES OF STARLIGHT OFFERINGS, INCLUDING THE APPLICABLE COLORS.  HOWEVER, THE ACTUAL COLORS YOU SEE WILL DEPEND ON YOUR COMPUTER SYSTEM, AND WE CANNOT GUARANTEE THAT YOUR COMPUTER WILL ACCURATELY DISPLAY SUCH COLORS.  DESCRIPTIONS OR IMAGES OF, OR REFERENCES TO, TOYS OR OTHER STARLIGHT DELIVERIES ON THE STARLIGHT HUB DO NOT IMPLY STARLIGHT’S ENDORSEMENT OF SUCH TOYS OR OTHER STARLIGHT DELIVERIES.

12. Limitation of Liability

STARLIGHT IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA  OR LOST  PROFITS OR ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER), OR ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF STARLIGHT, IN EACH CASE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE STARLIGHT OFFERINGS (INCLUDING, WITHOUT LIMITATION, THE USE OF ANY SUCH STARLIGHT OFFERING BY A CHILD OR OTHER END USER), AND YOUR ACCESS TO AND USE OF THE FOREGOING. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY STARLIGHT OFFERINGS IS TO STOP USING THE APPLICABLE STARLIGHT OFFERING. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO STARLIGHT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO STARLIGHT, IF ANY, TO PURCHASE THE APPLICABLE STARLIGHT OFFERING. Some states do not allow the exclusion or limitation of incidental or consequential damages or damages arising from gross negligence or intentional misconduct, so such limitation or exclusion above may not apply to you.

WITHOUT LIMITING THE GENERALITY OF ANYTHING SET FORTH IN THESE HUB TERMS OF USE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE HUB USER ACCOUNT IS CONDITIONED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR OTHER SUIT IN CONNECTION WITH ANY LOSSES, LIABILITIES OR DAMAGES RESULTING FROM YOUR ACCESS OR USE OF THE STARLIGHT HUB OR THE STARLIGHT OFFERINGS.

13. General Provisions

a. These Hub Terms of Use, together with the General Terms (but without regard to the Privacy Policy contained therein), the Shipping Terms, and the Starlight Hub Privacy Policy as incorporated by reference in Section 3 above, constitute the entire agreement between you and Starlight and govern your use of the Hub User Account and the Starlight Hub. To the extent of a conflict or other inconsistency between the terms and conditions of these Hub Terms of Use and the terms and conditions of the General Terms, the terms and conditions of these Hub Terms of Use shall prevail.

b. The failure of Starlight to exercise or enforce any right or provision of these Hub Terms of Use shall not constitute a waiver of such right or provision.

c.  Any of the provisions of these Hub Terms of Use that are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable the remaining provisions hereof and without affecting the validity or enforceability of any of the terms of these Hub Terms of Use in any other jurisdiction.

d. You agree that regardless of any statute, rule, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the Starlight Hub, Starlight Offerings or these Hub Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

e. The section titles in these Hub Terms of Use are for convenience only and have no legal or contractual effect.

f.   You agree that a printed version of these Hub Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Hub Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

g. Starlight shall not be responsible for failures to fulfill any obligations due to causes beyond its control.

h. The Hub Terms of Use are intended solely for your benefit and that of Starlight, and neither you nor Starlight intends to confer third-party beneficiary rights upon any other person; provided, however, that you agree that the Starlight Related Parties shall enjoy and be entitled to the rights and benefits you have given to Starlight contained in Sections 1, 2, 6, 7, 8, 11, 12, and 13 of these Hub Terms of Use. Without limiting the generality of the foregoing, the Starlight Related Parties shall be deemed to have made the disclaimers made by Starlight to you, as applicable to the Starlight Offerings, in Section 11 of these Hub Terms of Use, as if the Starlight Related Parties were specifically named in such provisions.  

i.   Notices to you (including notices of changes to these Hub Terms of Use) may be made via posting to the Starlight Hub or by e-mail (including in each case via links), or by regular mail.

j.   THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND EACH OF STARLIGHT AND YOU WAIVES THE RIGHT TO TRIAL BY JURY. Any dispute, claim or controversy arising out of or relating to the Starlight Offerings, the Hub, or these Hub Terms of Use, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, shall be determined by arbitration in Los Angeles County, California before one arbitrator. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances.  Any in-person appearances requested by the arbitrator shall be held in Los Angeles County, California.  The arbitrator's decision as to the scope, applicability, enforceability, or validity of this arbitration agreement itself will be governed by the Federal Arbitration Act, and the arbitrator’s decision as to other disputes shall be based upon the substantive laws of the State of California without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof.  Notwithstanding any of the foregoing, nothing herein shall preclude Starlight from seeking any injunctive relief or other provisional remedy in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its sponsors and donors), and you agree to exclusive jurisdiction of the state and federal courts located in Los Angeles County, CA, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

k.  WITH RESPECT TO ALL PERSONS AND ENTITIES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.

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