Welcome to the fun house, VOLUME Ø. Visible Rails, LLC (“VOLUME Ø”, “we,” “our,” or “us”) provides this website, any related websites, and mobile apps (together, the “Site”) and offers products and services to consumers (“you” or “your”) subject to your agreement to these Terms of Service (the “Terms”), which are final.
By using the Site, signing up for or participating in promotions of any kind (including email and text-based promotions and contests), purchasing from us you agree to be bound by these Terms (including automatic renewal of your subscription), so please read these terms carefully.
1. THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND US. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE, PURCHASE SUBSCRIPTIONS OR PRODUCTS FROM US.
2. SUBSCRIPTIONS ARE SUBJECT TO AUTOMATIC RENEWAL. PLEASE CAREFULLY REVIEW SECTION 3, BELOW, FOR ADDITIONAL DETAILS.
3. YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE CAREFULLY REVIEW SECTION 20 FOR ADDITIONAL DETAILS.
These Terms govern all aspects of your interactions, communications, and relationship with us, from visiting and interacting with the Site to your purchase of products, services, and subscriptions from us, whether by subscription or otherwise, and from your participating in sales, sweepstakes, and contests to receiving communications from us, including promotional texts and emails. We urge you to download or print these Terms for ease of reference and to keep a copy of the Terms for your records.
1. Privacy
Please read our Privacy Policy which is incorporated into these Terms and governs your use of the Sites. You agree with and consent to our Privacy Policy, including the information collection, analysis, and usage practices it describes. To the extent there is a conflict between our Privacy Policy and these Terms, these Terms will control to the fullest extent permitted by law.
2. Subscribing to VOLUME Ø
To subscribe to VOLUME Ø, simply click any of the “GET IT NOW” buttons located on the subscribe page. You will be prompted to submit your name and email address, provide your corresponding billing and shipping information, and complete the purchase of your initial subscription.
We reserve the right to terminate your subscription in our sole discretion if we determine that you have violated these Terms, including through fraudulent or misleading activity. In such case any remaining subscription benefits shall be forfeited. You may also be liable for civil and/or criminal penalties under applicable law. The Dispute Resolution requirements of these Terms survive the termination of your subscription.
3. Automatic renewal
Unless you notify us before your renewal date that you wish to cancel your subscription, you understand that your subscription will automatically renew on your assigned renewal date. As a subscriber, you authorize us (without notice to you, unless required by applicable law) to charge you for the appropriate amount at the prevailing price associated with your current plan plus applicable taxes, using the debit/credit card we have on file for you. From time to time, we may change the price associated with the monthly/annual subscription during the term of your subscription; in such a case, you will be notified ahead of time and your subscription will renew at the then-prevailing price. The Dispute Resolution requirements of these Terms survive the cancellation of your subscription.
4. Email and other communications
As part of your subscription, we may send you and you agree to receive emails advising you about our latest issue, newsletters, special promotions, and other updates. You may opt-out of promotional emails by clicking the "unsubscribe" link found at the bottom of all promotional emails. From time to time, VOLUME Ø may arrange for other companies to provide you with offers for products or services which may be of interest to you. Any disputes regarding or arising out of member emails and other communications are governed by the Dispute Resolution requirements of these Terms.
5. Cancellation and refund policy
If you are not completely satisfied with your subscription, you may cancel it at any time by emailing inquiry@volume0.com; however, if your enrollment offer included a commitment for you to renew at the prevailing renewal price, you may not cancel until after you have fulfilled your commitment. After you have fulfilled your commitment, you can cancel at any time. We shall not issue cash refunds for any amounts previously charged to your credit card unless such amounts are in error.
6. Returns
If you receive a damaged or defective issue or other merchandise, please email us at inquiry@volume0.com within 30 days of the original date of shipment to request a replacement.
7. Sales Tax
We are required to collect sales tax when applicable.
8. Payment options
The credit/debit card you provide will be used for all future purchases and charges, including subscription renewals. You must keep a valid credit/debit card on file during the term of your subscription and you must keep us up-to-date with accurate member information, including your name, address, credit/debit card number and expiration date. You agree that we may update your information with information your bank or credit card issuer may supply. Once you become a subscriber, if you wish to change your credit/debit card, billing preference, or your bank or credit card issuer supplies new information, notify us at inquiry@volume0.com. We accept payment by credit/debit card (i.e., American Express, VISA, Discover, and MasterCard).
If we cannot process a charge to your card (for example, the card has expired or we cannot obtain authorization from your card issuer), then for your convenience, we will attempt to charge any other credit/debit card that you have placed on file with us, in order to prevent disruption of your subscription. We are not responsible for any fees or charges that your bank or credit/debit card issuer may apply.
If your credit card issuer reverses a charge to your credit card, we may cancel your subscription and suspend fulfillment until payment is provided. Alternatively, we may also seek payment by another method through a mailed statement. We may report information about your account to credit bureaus.
9. Geographical limitations
VOLUME Ø is currently only available to subscribers with shipping addresses in the United States.
10. For personal use only
All products purchased through the Site are intended for personal use only and not for resale or any other commercial purpose. We reserve the right to cancel the account of any subscriber suspected of violating this requirement.
11. Changes to subscription / Acceptance of terms of service
We're always looking at ways to improve your subscription. Accordingly, please note that our services, promotions, policies, benefits, charges, programs, and Terms are subject to change at any time. Please check here periodically for updates. We will notify you in advance of substantive changes, either via email or via our Site. By enrolling and/or continuing to use or purchase products from this Site and/or continuing your subscription, you accept and agree to the Terms and any changes so long as they are promptly posted on the Site or emailed to the email account we have on record for you. If you do not wish to be bound by any revisions to these Terms, please do not use this Site or the Company's services and immediately cancel your subscription by emailing inquiry@volume0.com.
12. Trademarks
The trademarks, logos, and service marks (the "Trademarks") displayed on the Site, unless otherwise specified, are either the registered and unregistered trademarks of us or used under license. Nothing contained in the Site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed in the Site without our written permission or any third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, is strictly prohibited. You are hereby also advised that we will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
13. Ownership
Everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided for in these terms and conditions or in the text of the Site without our express written permission which neither warrants nor represents that your use of materials displayed on the Site will not infringe the rights of third parties not owned or affiliated with us. You may only download material displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material. It is strictly prohibited to modify, transmit, distribute, reuse, re-post, "frame" or use the content of the Site for public or commercial purposes, including the text, images, audio and/or video without our written permission. It is strictly prohibited to download the images of the products for sale within this site.
14. Intellectual property, privacy, and publicity
Images of people or places displayed in this Site are either the property of us, or used with permission. The use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the Site or you secure the necessary permission from the rights holder. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
15. Confidentiality
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by us or our affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. We are free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right to remove any content posted at any time at our sole discretion. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such information or materials.
17. Digital Millennium Copyright Act (public law 105-304) website policy and procedures for compliance
In accordance with the Digital Millennium Copyright Act, this Site has adopted a policy toward copyright infringement on its book club website. In furtherance of this policy, this Site will block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and submitted to our Site. This policy shall cover all aspects of the Site, including but not limited to author chats, images, graphics, story reviews, and all subscriber-generated content posted on any portion of our Sites.
18. Accuracy
While we make reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to its accuracy, nor do we assume any liability or responsibility for any errors in the content of the Site.
19. Damages and warranties
Your use of and browsing in the Site are at your own risk. Neither we nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the Site. Without limitation, everything on the Site is provided to you "AS IS" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Note that some jurisdictions, like New Jersey, may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
20. Dispute Resolution – Agreement to Arbitrate
We hold our relationship with customers in the highest regard. We are committed to resolving all disputes in a fair, effective, and cost-efficient manner through our email at inquiry@volume0.com. On occasion, a third party may be necessary to help us resolve our disputes.
YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US THAT ARE NOT RESOLVED INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT ONLY. YOU AND WE WAIVE ANY RIGHTS TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS OR CONSOLIDATED ACTION OF ANY KIND.
(a) Disputes Covered.
You and we agree that this arbitration agreement covers all concerns, complaints, demands for relief, disputes, and claims of any kind and in the broadest possible sense that may arise between you and us (each a “Dispute,” and, collectively, the “Disputes”). Disputes include those arising out of or related in any way to these Terms, including our privacy policy; the operation and content of the Site; your use of the Site; communications and interactions between you and us; promotions by us; and all purchases of, requests for, and uses by you of all products and services offered by us. You and we further agree that this mutual obligation to arbitrate encompasses, but is not limited to, statutory, regulatory, constitutional, and common law Disputes, including, but not limited to, those involving allegations of negligence and intentional wrongdoing (including fraud and misrepresentation) and tax controversies.
(b) Persons and Entities Covered.
You and we agree that this arbitration agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, or on behalf of, you and us, or under your or our direction or control, and all companies affiliated with us (including, but not limited to, parents, subsidiaries, and sibling corporations, if any). This arbitration agreement is binding not only on you and us, but also your and our respective heirs, successors, and assigns.
(c) Governing Law for Dispute Resolution.
You and we agree that all arbitrations between you and us under this agreement are governed by the Federal Arbitration Act (“FAA”) and federal law, notwithstanding any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or imposing obligations greater than, or inconsistent with, the FAA. In all other respects, the laws of the State of New York shall control to the fullest extent permitted, without giving effect to any principles that provide for the application of the laws of another jurisdiction, but only to the extent that the laws of New York are consistent with the FAA.
(d) The Informal Settlement Process.
Before you or we can file a claim in arbitration or small claims court, you and we are each required first to participate in an informal settlement process for a period of sixty (60) days. To initiate the informal settlement process, the claiming party must send to the other party a short, written statement (a “Claim Statement”) providing the claimant’s name and address; explaining the Dispute in sufficient detail for the other party to understand and investigate it; and presenting a proposal for resolving it (including any amount of money being claimed and how that amount was calculated). You agree to send Claim Statements by email to inquiry@volume0.com or by certified mail, return receipt requested to Visible Rails, LLC, 34 W 27th Street, 10th Floor, New York, NY, 10001. You and we will then attempt in good faith to resolve each Dispute described in the Claim Statement for sixty (60) days. Once the sixty (60) day period has ended, you and we may then pursue unresolved Disputes either in small claims court or through an individual arbitration. Any applicable statutes of limitations will be suspended for the sixty (60) day settlement period.
(e) Arbitration Rules and Requirements.
While there is no judge or jury in an arbitration, the arbitrator has the power to hear and resolve all claims and to award all the relief that a court can award to an individual litigant and must interpret and apply this agreement as a court would. However, the arbitrator shall only have the power to award a public injunction only if required to possess such power by applicable law. To the extent that any cause of action or claim for relief (including requests for public injunctions) cannot for any reason be addressed in arbitration, you and we agree that any court proceedings shall be stayed pending the final resolution in arbitration of all arbitrable causes of action and claims for relief, and the results of arbitration shall be binding on the parties in those court proceedings.
To the fullest extent permitted by law, the arbitrator shall have the sole authority to resolve disagreements between you and we concerning or related to the formation, legality, interpretation, and enforceability of this agreement, the scope of the arbitration agreement, the applicability of this agreement to you and we, the arbitrability of any Dispute arising between you and we, and the rules applicable to any arbitration (including the Mass Arbitration rules, described below). Any court of competent jurisdiction will have the authority to enforce these arbitration requirements and, if necessary, enjoin the filing or prosecution of any arbitrations and the assessment of fees by the American Arbitration Association (“AAA”) or any other organization, arbitrator, or mediator in a manner inconsistent with this agreement.
(1) General Arbitration Rules.
The arbitration process and dispute resolution process will differ depending on whether your claim is pursued individually or as part of a Mass Arbitration (which is defined below). For Mass Arbitrations (defined below), in the event of any conflict between these General Arbitration Rules and the Mass Arbitration Rules set forth below, the Mass Arbitration Rules will control.
All arbitrations shall be before a single arbitrator. Except as provided for in the Mass Arbitration Rules, below, arbitrations involving consumer Disputes shall be governed by this agreement and the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: www.adr.org/consumer. All other arbitrations shall be governed by this agreement and the then-current AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules, which you can find here: www.adr.org/commercial. To the extent there is a conflict between this agreement and any applicable AAA rules and protocols, this agreement shall control except to the limited extent necessary to preserve the mutual obligation to arbitrate Disputes on an individual basis.
Disputes that involve an individual claim for less than $25,000 (US) in actual or statutory damages (but not including any amounts claimed for attorneys’ fees and incidental, consequential, punitive, or exemplary damages, and excluding any damage multipliers), must be resolved exclusively through binding non-appearance-based arbitration based solely on the written submissions of the parties, including affidavits. All other arbitrations will be conducted, at your election, either by telephone, online, or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless you and we agree otherwise. Judgment on an arbitrator’s award may be entered in any court that has jurisdiction to do so.
Except as provided for in the Mass Arbitration Rules, below, the AAA shall be the arbitration administrator. To begin an arbitration proceeding, the party initiating the arbitration must send a letter requesting arbitration and describing the Dispute(s) to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, or by filing such a request online through the AAA’s website: www.adr.org/support. For requests for arbitration initiated against us, a copy of the arbitration request shall also be sent to Visible Rails, LLC by email to inquiry@volume0.com or by certified mail, return receipt requested to Visible Rails, LLC, 34 W 27th Street, 10th Floor, New York, NY, 10001.
If the AAA is, for any reason, unavailable, unable, or unwilling to administer any arbitration which it is required to administer under these rules, you and we shall negotiate in good faith on the substitution of another organization or individual to handle the arbitration in a manner that is consistent with the requirements of our arbitration agreement. If such an alternative cannot be agreed upon, you or we may petition a court of competent jurisdiction to appoint an organization or individual to conduct the arbitration in a manner consistent with the requirements of this agreement.
(2) Mass Arbitration Rules.
If and only if twenty-five (25) or more consumers (each a “Mass Arbitration claimant”) or their lawyers file, threaten to file, or indicate an intention to file demands for arbitration against us raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across such Disputes (a “Mass Arbitration”), these special rules shall apply (the “Mass Arbitration Rules”). In the case of a Mass Arbitration, to the extent there is a conflict between these Mass Arbitration Rules and any other provisions of the Terms, these Mass Arbitration Rules will control. In the event of a Mass Arbitration, applicable statutes of limitation shall be suspended until the mediation described below, required for all Mass Arbitration claimants, has ended.
Before proceeding to arbitration and mediation, each Mass Arbitration claimant must first complete the informal settlement process. Counsel for claimants and we shall agree to the submission of a single Claim Statement for all Mass Arbitration claimants, but only if that Claim Statement identifies all Mass Arbitration claimants by name and mailing address. Once the sixty (60) day informal settlement process has ended for all Mass Arbitration claimants, counsel for the Mass Arbitration claimants and our counsel shall each select five (5) Mass Arbitration claimants for bellwether arbitrations (ten (10) in total) to be each promptly decided individually as a bellwether arbitration conducted pursuant to the General Arbitration Rules, with each case assigned to a separate arbitrator. Each bellwether arbitration shall be completed within one-hundred-twenty (120) days. In the meantime, no other demands for arbitration may be filed, processed, or in any way deemed filed by the arbitration administrator or arbitrator, but instead shall be stayed until the ten (10) bellwether arbitrations and the subsequent mediation process required by the Mass Arbitration Rules (and described below) has ended. No fees or arbitrator compensation shall be assessed regarding such stayed cases while the bellwether arbitrations are arbitrated and until the mediation required by the Mass Arbitration Rules has ended.
Upon the resolution of the bellwether cases, counsel for us and counsel for the Mass Arbitration claimants shall participate promptly and in good faith in non-binding confidential mediation for a period of sixty (60) days in a good faith effort to resolve all the Disputes of the Mass Arbitration claimants. This mediation shall be conducted by the AAA under the then-current Mediation Procedures of the AAA.
If the bellwether arbitrations and the subsequent mediation are unsuccessful in resolving the Disputes of all Mass Arbitration claimants, then, after the conclusion of the bellwether arbitrations and mediation, those Mass Arbitration claimants whose Disputes have not been resolved must resolve those Disputes on an individual basis with FairClaims, Inc. (“FairClaims”) only (and not with AAA or any other arbitration or organization or arbitrator), www.fairclaims.com, exclusively under FairClaims’s then-current Small Claims Rules & Procedures. If any Mass Arbitration claimants have arbitrations pending with organizations or arbitrators other than FairClaims, they shall promptly dismiss such claims without prejudice. To the extent that any cause of action or claim for relief (including requests for public injunctions) cannot for any reason be addressed in arbitration with FairClaims, you and we agree that any court proceedings shall be stayed pending the final resolution in arbitration of all arbitrable causes of action and claims for relief, and the results of arbitration shall be binding on the parties in those court proceedings. The informal dispute resolution process, the bellwether arbitrations, and mediation must be completed before individual arbitrations may be commenced under this paragraph.
(f) No Class Actions.
You and we agree that all Disputes must be resolved on an individual basis only. This means that in such circumstances: (a) neither you nor we can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine multiple claimant’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only decide the Disputes of that claimant, not other claimants. Nothing in this section is intended to limit the relief available to either you as an individual or us in arbitration or small claims court, including equitable relief to the extent that an arbitrator is required to make such relief available by applicable law. Nor does anything in this section limit your or our rights to resolve a Dispute by mutual agreement through a class-wide settlement of claims whether through mediation or otherwise.
(g) Fees and Costs.
You and we will each bear their own costs and attorneys’ fees in the event of a Dispute, provided, however, that either party may recover attorneys’ and arbitral fees and costs to the extent permitted by applicable law or under applicable arbitration rules. If an arbitrator determines that an arbitration has been brought in bad faith, for an improper purpose, or to exert unfair pressure greatly disproportionate to the harm alleged, or that the demand was entirely frivolous, the arbitrator may, if fairness requires it, award costs, arbitration fees, and attorneys’ fees to the party defending itself in connection with any such Disputes.
(h) Rules of Construction.
The requirements of the Terms related to dispute resolution shall be interpreted, to the maximum extent permitted by law, to facilitate the resolution of all Disputes in arbitration in a way that is cost-effective to all parties.
(i) Severability.
If for any reason any provision of the Terms related to dispute resolution shall be held to be unenforceable, the remaining provisions of the Terms shall remain in effect to the maximum extent permitted by law in a manner that facilitates resolution of Disputes in arbitration in a way that is cost-effective to all parties. To the extent that any provision of the Terms is found to be inconsistent with rights, duties, and requirements of the arbitration agreement, or where the application of such a provision would change or render unenforceable any provision of the arbitration agreement, such provision shall be null, void, and of no effect for purposes of dispute resolution and the dispute resolution provisions shall control.
(j) Survival.
All provisions of the Terms relating to dispute resolution shall survive the termination, cancellation, or expiration of the Terms or of your customer relationship with us.
(k) Right to Opt-Out.
If you do not wish to be bound by the arbitration and class-action waiver provisions in this dispute resolution section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms. Your written notification must be mailed to us at the following address: Visible Rails, LLC, 34 W 27th Street, 10th Floor, New York, NY, 10001 or emailed to us at inquiry@volume0.com. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including, without limitation, the arbitration and class-action waiver provisions. Opting out has no effect on your and our other rights and obligations set forth in the Terms.
21. Choice of Law
The laws of the State of New York shall control to the fullest extent permitted, without giving effect to any principles that provide for the application of the laws of another jurisdiction, but only to the extent that the laws of New York are consistent with the Federal Arbitration Act.
22. Links
We have not reviewed all of the sites linked to the Site, and we are not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to any other off-Site pages or other sites is at your own risk and the fact that there is a link to the Site should not be construed as an endorsement of either the linked Site’s content or sponsors.
This policy is effective as of: October 31, 2024