Please read these Terms and Conditions (collectively with Skip and Scamper’s Privacy Policy [www.skipandscamper.com/privacy]) (the “Terms”) carefully before using/accessing www.skipandscamper.com (the “Site”) and the Services, products, subscriptions, features, content, applications, data, images, text, software, scripts, graphics generated, offered, or provided by Skip and Scamper (“Skip and Scamper” or “company” also referred to as “us”, “we”, or “our” herein) or otherwise accessible on its Site (together with the Site, the “Services”).
1. Acceptance of Terms and Conditions, Applicability. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
PLEASE NOTE THAT DISPUTES ABOUT THESE TERMS, Skip and Scamper’S PRODUCTS/SERVICES, AND THE SITE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN PARAGRAPH 17 BELOW.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY USING OUR THE SITE, SUBSCRIBING TO OUR SERVICES, OR ORDERING PRODUCTS OR SERVICES FROM THIS SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS APPLY TO ALL USERS, VISITORS, YOU, AND ANY OTHERS ACCESSING THIS WEBSITE.
YOU MAY NOT ORDER OR OBTAIN A SUBSCRIPTION, PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH Skip and Scamper, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS, SERVICES, OR SUBSCRIPTIONS BY APPLICABLE LAW.
These Terms apply to the purchase, sale, and supply of products, Services, and subscriptions (“the subscription”) through Skip and Scamper and to the use of the Site and Services. These Terms are subject to change by Skip and Scamper without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or Services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Skip and Scamper conditions acceptance of a subscription and its pricing upon you accepting these Terms, and it rejects any other terms contained in any order, request for quote, or writing from you. Signing a subscription or accepting products or Services, constitutes acceptance of these Terms.
These Terms also apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or Services through this Site.
2. Ownership of the Site. All pages within this Site and any material made available for download are the property of Company, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms or otherwise approved in writing by Company. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Company without our express written consent.
3. Site Access, Security and Restrictions; Passwords. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms or in violation of applicable law.
- (a). You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
- (b). Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
- (c). In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Company at any time with or without cause. You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of your breach of these Terms or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.
4. Accuracy and Integrity of Information; Colors. Although Company attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Company reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to the Site from any non-Company affiliated third party. We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
5. Links to Other Sites. Company makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Company website, please understand that it is independent from Company, and that Company has no control over the content on that website. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.
6. Subscription Acceptance and Cancellation. You agree that your subscription is an offer to buy, under these Terms, all products and Services listed in your subscription. All subscriptions must be accepted by us or we will not be obligated to sell the products or Services to you. We may choose not to accept subscriptions at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
7. Prices and Payment Terms. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a subscription will be the price in effect at the time the subscription is placed and will be set out in your subscription confirmation email. Price increases will only apply to subscriptions placed after such changes. Posted prices do not include taxes or shipping charges. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your subscription confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- (a). We may offer from time to time promotions (such as coupons or discounts) on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
- (b). Terms of payment are within our sole discretion and payment must be received by us before our acceptance of a subscription. We accept all major credit and debit for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
- (c). Company reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Company and its Services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Company also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, reselling shall be defined as purchasing or intending to purchase any product(s) from Company for the purpose of engaging in a commercial sale of that same product(s) with a third party.
8. Shipments; Delivery; Title and Risk of Loss; Delay. We will arrange for shipment of the products to you by a third-party carrier. Title and risk of loss pass to you upon our delivery of the products to the carrier. Loss or damage to materials in transit is the responsibility of the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Skip and Scamper reserves the right to make partial shipments from time to time.
9. Acceptance/Shortages. You will inspect the products upon delivery to you which shall be accepted by you at the delivery point. You shall be deemed to have accepted the products if you fail to provide written notice detailing any claims for shortages, product defect, or nonconformance within five days after delivery.
10. Taxes. Unless otherwise specifically noted, the amount of any sales tax, use tax, occupancy tax, manufacturers’ tax, excise tax, value added tax, custom, duty, or other tax, fee, or charge of any nature imposed by any governmental authority on or measured by the transaction between Skip and Scamper and you will be paid by you in addition to the prices quoted or invoiced.
11. Automatic Subscription Renewal, Cancellation, and Refunds of Timely Cancellations. Subscriptions renew automatically unless cancelled during the term of the subscription before the renewal date. Your subscription purchase is final immediately upon purchase and remains final throughout the entire subscription term. For example, if you purchase a 3-month subscription on July 15, 2020, that subscription’s term is from July 15, 2020 to October 15, 2020 so the subscription automatically renews on October 15, 2020, the automatic renewal date. In this example, to cancel your subscription before the automatic renewal date, the cancellation must be received by Skip and Scamper on October 14 2020 or before. Otherwise, the subscription automatically renews, the sale is final, and the cancellation request will be applied to the following subscription term so the subscription will be cancelled on January 14, 2021.
You must also cancel your subscription before its renewal date. We will not issue monetary refunds for any unshipped boxes in the middle of your current subscription. We are unable to refund your subscription renewal after renewal has taken place, as your order will already be processed and ready for shipment.
12. WARRANTY DISCLAIMER. We do not manufacture or control any of the products offered on our Site.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which users gain access to the Services; what Site content you access via the Services; or how you may interpret or use the Site’s content. You release us from all liability for you having acquired or not acquired the Site’s Content through the Services. We make no representations concerning any Site content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Site content contained in or accessed through the Services.
WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
FURTHER, WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
13. Your Remedies. Your sole remedies (and Skip and Scamper’s sole obligation) for any complaint about Skip and Scamper’s products and Services shall be, at Skip and Scamper’s option: (i) repair or replacement of any defective products, or (ii) refund of the actual dollar amounts paid by you for the products/Services you ordered through our Site. Skip and Scamper shall not be liable for any other costs, losses or damages. Any products replaced by Skip and Scamper will become its property.
14. Limitation of Liability. Skip and Scamper’S TOTAL LIABILITY FOR ANY CLAIMS MADE RELATING TO OR ARISING AS A RESULT OF ANY PRODUCTS SUPPLIED OR SERVICES PERFORMED, WHETHER ASSERTED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL DOLLAR AMOUNTS PAID BY YOU FOR THE PRODUCTS OR SERVICES ORDERED THROUGH OUR SITE.
In no event shall Skip and Scamper, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services (i) for any lost profits, data loss, cost of procurement of substitute goods or Services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or Services (however arising), (ii) medical, dental, or veterinary bills or other expenses related to injury to animals or Product users, bodily or personal injuries, (iii) property damage or the cost to remove, replace, or repair any property or property damage (iv) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iv) for any direct damages in excess of the actual dollar amounts paid by you for the Product or Services ordered through our Site.
COMPANY AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
15. No Recovery Consequential Damages. Skip and Scamper WILL NOT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
16. Indemnity. You shall indemnify and hold harmless Skip and Scamper from and against losses, claims, and damages that arise from or relate to your use or misuse of, or access to, the products, Services, Site, Site content, violation of these Terms, or infringement by you (or any third-party using your subscription or identity in the Services) of any intellectual property or other right of any person or entity. FURTHER, YOU WILL INDEMNIFY, DEFEND, AND HOLD Skip and Scamper HARMLESS FROM ANY CLAIMS BY THIRD-PARTIES ARISING FROM INJURY, PROPERTY DAMAGES, ECONOMIC LOSS, OR OTHER CLAIMS, THAT ARISE AS A RESULT OF YOUR USE OR MODIFICATION OF THE PRODUCTS, SERVICES, SITE, OR SITE CONTENT NOT CAUSED BY THE SOLE NEGLIGENCE OF Skip and Scamper. THIS INDEMNITY APPLIES EVEN IF YOU OR A THIRD-PARTY ALLEGES THAT Skip and Scamper WAS NEGLIGENT OR WAS GROSSLY NEGLIGENT.
17. MANDATORY ARBITRATION AND CLASS ACTION WAIVER FOR RESIDENTS OF THE UNITED STATES PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and Skip and Scamper agree that these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This section entitled “Mandatory Arbitration and Class Action Waiver for Residents of the United States” is intended to be interpreted broadly and governs any and all disputes between you and Skip and Scamper. Any and all disputes may include, but are not limited to (i) claims arising out of or relating to any aspect of the relationship between you and Skip and Scamper, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and (iii) claims that may arise after the termination of these Terms. The only disputes excluded from the broad prohibition in this subsection entitled “Application” are the litigation of certain intellectual property and small court claims, as provided in the subsection entitled “Exception” below.
- (a). Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that you will try to resolve your dispute directly with us before taking any formal action, by contacting us at the address or email address set forth in below. When you contact us, you must provide a brief, written description of the dispute and your contact information. If you have a subscription with us, you must include the email address associated with your subscription. Except for intellectual property and small claims court claims (see the subsection entitled “Exception” below), you and Skip and Scamper agree to use good faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation with each other. You and Skip and Scamper agree to engage in good faith discussions before initiating a lawsuit or arbitration and understand that good faith discussions are a precondition of initiating a lawsuit or arbitration.
- (b). Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided in the subsection entitled “Exception” below), as long as the party agrees with the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of Skip and Scamper products/Services shall be finally settled by binding arbitration administered by JAMS in accordance with either (i) the JAMS Streamlined Arbitration Procedure Rules, for claims that do not exceed $250,000; or (ii) the JAMS Comprehensive Arbitration Rules and Procedures, for claims exceeding $250,000. The JAMS rules and procedures just identified shall be those effect at the time the arbitration is initiated (not the Last Modified date of these Terms), excluding any rules or procedures governing or permitting class actions.
- (c). Arbitrator’s Powers. The arbitrator (and not any federal, state, or local court or agency) shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms. Such disputes may include, but are not limited to, any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
- (d). Filing a Demand. To start an arbitration, you must do all three of the following: (i) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (ii) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 8401 Central Expressway, Suite 610 Dallas, TX 75225; and (iii) send one copy of the Demand for Arbitration to us at: Skip and Scamper, 990 Security Row Suite 106, Richardson, TX 75081. Attn: Claims.
- (e). To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Skip and Scamper will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Skip and Scamper will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Dallas, Texas, United States, and you and Skip and Scamper agree to submit to the personal jurisdiction of any federal or state court in Dallas County, Texas in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. - (f). Class Action Waiver. YOU AND Skip and Scamper AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This means that you and Skip and Scamper expressly waive any rights to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- (g). Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights. “Intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but does not include privacy or publicity rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
- (h). 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Skip and Scamper990 Security Row Suite 106, Richardson, TX 75081 Attn: Claims. Your written notice must have the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (i) July 1, 2020; or (ii) your first date that you used the Site that contained any versions of the Terms that included this version of the Mandatory Arbitration and Class Action Waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with this section entitled “Mandatory Arbitration and Class Action Waiver”. If you opt out of these arbitration provisions, Skip and Scamper also will not be bound by them.
- (i). Changes to This Section. Skip and Scamper will provide thirty (30) days’ notice of any material changes to this section by posting notice on the Site or informing you via email, and complying with any other applicable legal notice or consent requirements. Amendments will become effective thirty (30) days after they are posted on the Site or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day.
If a court or arbitrator decides that this subsection (“Changes to this Section”) is not enforceable or valid, then this subsection will be deemed to be severed from the section entitled “Mandatory Arbitration and Class Action Waiver.” If this happens, the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section or similar section in existence after you began using the Site. - (j). Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Site.
18. Goods Not for Resale or Export. You represent and warrant that you are buying products or Services from the Site for your own personal or household use only, and not for resale or export. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury, U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Company from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
19. Products Returns. You may not return Product to obtain credit or replacement without prior written approval by Skip and Scamper. For products accepted for return, you must pre-pay return shipping costs.
20. Conflicts. If any Term herein is determined by a tribunal to be unenforceable, the Term shall be reformed to the extent necessary to be enforced, and all other provisions shall be enforced to the maximum extent permitted by law.
21. Complete Agreement. These Terms contains the parties’ complete agreement. These Terms may not be modified except in writing signed by each party. No representation, affirmation, course of dealing, promise, or condition in connection therewith or usage of trade not incorporated herein or in another writing from Skip and Scamper, shall be binding upon Skip and Scamper. Skip and Scamper has made no promises, warranties, or representations (whether written, oral, or otherwise) regarding its product, Services, or this Site.
22. Governing Law. This Contract shall be construed in accordance laws of the State of Texas without regard to its conflict of laws provisions. The parties agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
23. Enforcement of Contract. If Skip and Scamper must engage attorneys to enforce this Contract or to interpret any of its terms or conditions, you agrees to pay all legal fees and costs incurred by Skip and Scamper. Any waiver by Skip and Scamper of you default or of enforcement of a Contract provision shall not preclude Skip and Scamper from subsequently demanding performance by you or enforcing any terms of this Contract.
24. Goods Not for Resale or Export. You represent and warrant that you are buying products or Services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
25. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
26. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
27. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms/your subscription without our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void. No assignment or delegation relieves you of any of your obligations under these Terms/your subscription.
28. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Skip and Scamper.
29. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
30. Authority. The person signing for you has full power and authority to enter into this Contract.
31. General. All terms, disclaimers, and limitations on liability shall survive the termination or completion of this Contract. You may not delegate its performance or assign its rights hereunder without Skip and Scamper’s prior written consent, and any delegation or assignment without consent of Skip and Scamper shall be void. The products will be produced in compliance with the requirements of the Fair Labor Standard Act of 1938, as amended.
Effective date of these Terms: July 1, 2020