Nice to meet you! We’re Snappy App., Inc. a Delaware corporation located at 33 Irving Place, #5021, New York, NY 10003 (also known as, “Snappy,” “we”, “our”, or “us”). We’re excited to provide the Snappy Personal Services (as defined below) to you (“you”, "your" or “User”). These Snappy Personal Terms of Services, including any references to exhibits, documents or URLs (“Terms”) govern your use of the Snappy Personal Services.
We reserve the right, at our sole direction, to change or modify portions or revise the Terms at any time without notice. You should periodically visit these Terms to review the current terms that apply to your use of the Snappy Personal Services. Any use of the Snappy Personal Services by you after our publication of such revised Terms shall constitute your acceptance of these Terms as modified.
If we make any changes to the Terms, we will post the changes on snappygifts.com/terms-sender and will indicate at the top of this page the date these Terms were last revised. You may read a current, effective copy of these Terms at any time by selecting the “Terms of Service” link on the Platform or on the Site. We may also notify you of any material changes either through a pop-up notice on the Site or Platform, e-mail or through other reasonable means. Unless the notice states otherwise, the updated terms of these Terms will become effective and binding on the next business day after they’re posted. Your continued use of the Snappy Personal Services after any such changes constitutes your acceptance of the new Terms. You should periodically visit snappygifts.com/terms-sender to review the current Terms so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Terms, do not use or access (or continue to use or access) the Snappy Personal Services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Use of the Snappy Personal Services - Definitions
“Adjusted Gift Fee” means an amount that is equal to the value (as determined by Snappy in its sole discretion) of the Gift Claimed by the Recipient, and may include costs for pick and pack services, shipping and handling, and other related or ancillary costs, where applicable.
“Adjusted Taxes” means an amount equal to the lesser of (x) the total amount of Taxes (as determined by Snappy in its sole discretion) for the Gift Claimed by a Recipient and (y) the Estimated Taxes amount.
“Claim” means the selection and acceptance by a Recipient of a Gift sent via our Platform by you or on your behalf through the Services.
"Documentation” means online user guides provided and updated by Snappy via its Site.
“Enhancements” means the following: minor modifications, revisions, and corresponding Documentation with respect to the Services, including the addition of enhancements or improved performance made available by Snappy in the Services. Enhancements do not include the addition of new features not originally included as part of the Services.
“Estimated Gift Fee” means the amount that is equal to maximum value (as determined by Snappy in its sole discretion) of a Gift in the Gift Collection from which a Recipient may Claim a Gift, and may include costs for pick and pack services, shipping and handling, and other related or ancillary costs, where applicable.
“Estimated Taxes” is the amount of estimated Taxes based on the Estimated Gift Fee (as determined by Snappy in its sole discretion).
"Gift" means a product or service Claimed or may be Claimed in the Service by your Recipient from the Gift Collection.
Gift Collection” means the collection of Gifts sent by you to a Recipient via our Platform from which the Recipient can select a Gift to Claim.
“Maintenance Modifications” means bug fixes, patches, modifications, or revisions to the Services that correct errors therein. Maintenance Modifications do not include new features not originally included as part of the Services.
“Payment Method” means the approved method that you provide to us to authorize for the Gift Collection you send and charge the applicable fees for the Gift your Recipient Claims. Payment Methods may include a credit card, Google Pay, Apple Pay, and Pay Pal, or any other authorized method, as may be updated from time to time.
"Platform" means the Software that is made available to you as part of the Snappy Personal Services that enables you to select and send a Gift Collection to a Recipient, manage your User Account, and enables the Recipient to Claim a Gift.
"Recipient" means a User who receives an entitlement from a Sender to select a Gift from a Gift Collection via the Snappy Personal Services.
“Sender” means a User who sends an entitlement to a Recipient to select a Gift from a Gift Collection via the Snappy Personal Services. “Service Fee” means the amount that is equal to a specified percentage of the Estimated Gift Fee, which may cover, among other things, logistics, curation, customer support and personalized gift experience.
"Snappy Personal Services" means, collectively and separately: the website made available at https://app.snappygifts.com/home, and any of its sub-domains or related web addresses (collectively, the “Site”), the Platform (as defined above); as well as any service, content or material made available or provided via, or which is included in or related to the Site, and any service, content or material made available or provided to the User by Us or any of our representatives.
“Software” means Snappy’s proprietary software programs and associated user interfaces and related technology that Snappy uses to provide the Services, and that Snappy makes available pursuant to these Terms, including any Enhancements and Maintenance Modifications thereto.
“Taxes” means the state and/or local duties, levies, tariffs, or other governmental taxes required to be withheld including, without limitation, any value-added, sales, use or withholding taxes, assessable by any state, federal or other governmental jurisdiction for the Gift to be sent to a Recipient, as determined by Snappy.
“Total Estimated Fees” means the total of the Estimated Gift Fee, Estimated Taxes and Service Fee with respect to a Gift Collection that you send to a Recipient.
“Total Adjusted Fees” means the total of the Adjusted Gift Fee, Adjusted Taxes and Service Fee for a Gift Claimed by a Recipient, as adjusted to reflect the Recipient’s actual Gift selection and the Taxes calculated according to the Recipient’s delivery address.
"User Account" or "Account" means the dedicated page on the Platform that you have created after entering certain information about you and accepting these Terms.
“Users” means any and all persons that access or use the Site and Snappy Personal Services, including you. Users may be either a Sender or Recipient depending on how the Services are used. References to “access” and/or “use” of the Site (and any variations thereof) include the acts of using, accessing or browsing the Site, and accessing or using the Snappy Personal Services.
"Vendor" means the third party offering one or more products that are referenced on the Platform.
Here’s how Snappy works:
Step 1 – Register a User Account
Step 2 – Select a Gift Collection
Step 3 – Enter your Recipient’s name & email address
Step 4 – Enter your payment information
Step 5 – Snappy sends a Gift notification to your Recipient
Step 6 – You Recipient Claims their Gift
2. Registration of a User Account
In order to benefit from the Snappy Personal Services as a Sender, you will need to register with Snappy and create a User Account by providing us certain information about yourself as prompted by the Site registration form. Your Account gives you access to the Snappy Personal Services and functionality that we may establish and maintain from time to time and in our sole discretion. You are responsible for maintaining the security of your User Account and password. A Recipient will need to to access the Platform and Snappy Personal Services to claim any Gift received.
You must ensure that all registration information you provide will always be valid, correct, and up to date.
We may permanently or temporarily suspend or terminate your Account, or otherwise refuse you to access the Snappy Personal Services without notice and liability, if, in our sole determination, the information you provided is revealed to be untrue, inaccurate, or incomplete, or if you violate any of these Terms. Upon termination of your Account for any reason, you continue to be bound by the provisions of these Terms that are intended to survive termination.
Do not share your Account details with others or allow others to access or use your Account. We will treat all acts performed through your Account as being performed by you. You therefore accept responsibility for all acts done using your Account, whether or not authorized by you, including any payment order through any Payment Method , and you understand you may be held liable for losses incurred by us caused by someone else using your Account. If you become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your User Account or User Account password, please contact us immediately at email@example.com.
You hereby consent to receive electronic communications from us, including notices about your Account, such as password changes and information related to transactions. You agree that any notices, agreements, disclosures or other communications that we send to you, either electronically by email, pop-up, phone, text or by posting notices on the Snappy Personal Services, or in any other way, will satisfy any legal requirements, including, inter alia, that such communications are in writing. You hereby acknowledge that it is your sole responsibility to maintain copies of any electronic communications from us or with us by printing a paper copy or saving a digital copy.
3. Gift Selection
Once you have registered a User Account, you will select a Gift Collection to send to your intended Recipient. You can select a Gift Collection based on various criteria such as a theme and a budget. Once you have selected the Gift Collection to send, you will be asked to input your Recipient’s contact information. You will not be required to provide your Recipient’s shipping address.
Your Recipient will receive an email from Snappy notifying them that you have sent them a Gift, and the Recipient will be able to Claim any Gift from the Gift Collection that you selected.
In order to Claim the Gift, the Recipient will be required to access the Platform and Snappy Personal Services and to provide the necessary shipping details. The Gift will be shipped to the physical or e-mail address Recipient provided us.
4. Payment Terms
|At the time Sender sends the Gift Collection||You authorize Snappy to place a hold on your Payment Method for the Total Estimated Fees|
|At the time Recipient Claims the Gift|
You authorize Snappy to charge your Payment Method for the Total Adjusted Fees.
Any difference between Total Estimated Fees and Total Adjusted Fees will be released from your Payment Method.
At checkout, we will show you the Total Estimated Fees for the Gift Collection that you selected. At the time you send a Gift Collection to a Recipient, you authorize us to put a hold on your Payment Method for the amount of the Total Estimated Fees. We estimate the fees because (i) the Gift Fee for the Gift that your Recipient ultimately Claims from the Gift Collection may be less than maximum Gift Fee allotted for that Gift Collection; and (ii) the applicable Taxes may vary based on your Recipient's Gift selection and delivery address.
Once your Recipient has Claimed their Gift, we will charge your Payment Method the Total Adjusted Fees. The Total Adjusted Fees won’t exceed the Total Estimated Fees. If the Total Estimated Fees that were authorized to your Payment Method are higher than the Total Adjusted Fees, we will release the difference from your Payment Method.
You acknowledge and agree that a Gift cannot be Claimed or exchanged for cash by the Recipient or assigned by the Recipient to a third party. You further acknowledge and agree that the charge for the Total Estimated Fees will only be released for canceled and expired Gifts, as explained below.
You acknowledge that the amount billed by Snappy as the Total Adjusted Fees may vary due to the particular Gift Claimed by your Recipient(s) or changes in applicable taxes, tax estimates or other charges and you authorize us (and our third party-payment processor) to adjust the amount that was approved by you for the Total Estimated Fees. For the avoidance of doubt, the Service Fee is not adjusted in the event the Adjusted Gift Fees are less than the Estimated Gift Fees. The Claim of a Gift by your designated Recipient will confirm your acceptance of such adjusted fees unless you cancel your order in advance of the Recipient’s Claim of the Gift.
You may cancel any Gift prior to it being Claimed by a Recipient by logging into your User Account and selecting to cancel the Gift Collection for that particular Recipient. We will then release the Total Estimated Fees authorized on your Payment Method for that Gift. Once canceled, your Recipient will not be able to Claim a Gift from that Gift Collection. Also, if your Recipient does not Claim a Gift within seven (7) days from the date the Gift Collection is sent via the Platform, we will automatically cancel the Gift Collection and we will release the Total Estimated Fees authorized on your Payment Method for the Gift Collection for that Recipient.
Snappy further reserves the right to cancel any Gift Collection that has not been Claimed at any time and refund you any amounts you paid associated with such cancelled Gift Collection, including the Gift Fees, Services Fees and Taxes.
Nothing herein shall preclude Snappy from granting as its sole discretion promotional offers or credits for the purchase of a Gift upon registration of a new Account.
5. Gift Terms
All Gifts are subject to the terms of the applicable Vendor’s terms for such Gift. All images of Gifts are for illustrative purposes only, and Products may vary from the pictures. Gifts are subject to availability. Although we use our reasonable efforts to ensure that the availability, colors and details of the Gifts are correct, we do not guarantee that they will match in every instance.
Physical Gifts will be delivered in accordance with the applicable Vendor’ terms for such Gift, and the delivery of the Gift will be handled by a carrier selected by the Vendor or Snappy in its sole discretion. We will inform you when the Recipient has Claimed their Gift and when the Gift has been delivered to its destination. but we do not control the delivery time or method of any Gift, and we are not liable for any delivery or shipping issues or delays. The Recipient will also be able to track estimated delivery times, and shipping updates (as provided to us by the Vendor and its shipping carriers) through their User Account.
Electronic Goods and Services. The Services and certain Gifts may include links to third-party websites, resources or services. You acknowledge and agrees that we are not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by us of such websites, resources or services, or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assumes all risk arising from your use of any such websites, resources or services, or the content, products or services available on or through such websites or services.
6. User's Representations
By using the Snappy Personal Services, you represent and warrant that:
- you have reached the age of 18 and the age of majority both in the territory you reside in and in the territory of your citizenship;
- you are not impersonating any other person;
- you use the Snappy Personal Services only for purposes that are permitted by (i) the Terms and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions, and your use of the Snappy Personal Services does not violate any applicable law or regulation or any obligation;
- you will not engage in any activity which might be perceived as a fraud;
- you will not provide any false, inaccurate, or misleading information to any of the users of the Site, or to Snappy.
- your use of the Snappy Personal Services is at your sole risk; you are solely responsible for any breach of your obligations under the Terms and for the consequences, including any loss or damage which Snappy may suffer of any such breach;
- you may be exposed to content that you may find objectionable and that, in this respect, you use the Snappy Personal Services at your own risk;
- you will not post or upload information to the Snappy Personal Services, or use Snappy Personal Services in connection with material, which a reasonable person or user could deem to be offensive, abusive, obscene, objectionable, defamatory, libelous, sexually explicit, threatening, advocating harassment or intimidation, racially or ethnically offensive or otherwise offensive to any group or individual, or promoting hatred or physical harm of any kind;
- you will not violate any right of publicity, or other right of any person or entity, or any law or contractual obligation; including without limiting, rights pursuant to data protection, anti-SPAM and privacy laws and regulations;
- you will not use the Snappy Personal Services for a commercial activity;
- you will not use the Snappy Personal Services in any manner which introduces, or may be used to introduce, any security vulnerability or any malicious code, virus, Trojan horse, or any harmful software, that may compromise, impair or limit the integrity or performance of the Snappy Personal Services, the Snappy Software, the Snappy infrastructure or operations, those of Snappy's affiliates or partners, or any device, software, hardware or network;
- You will not decipher, decompile, disassemble, or reverse-engineer any software used to provide the Snappy Personal Services;
- You will not circumvent, disable, or otherwise interfere with security-related features of the Snappy Personal Services or features that prevent or restrict use or copying of any content; or engage in any activity that interferes with or disrupts the Snappy Personal Services, the Snappy Software (or the servers and networks which are connected to the Snappy Personal Services);
- You will not use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Snappy Personal Services;
- You will not harvest, collect or mine information about Users of the Snappy Personal Services; conduct of electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing material, or conduct in any similar way;
- You will not reproduce, duplicate, copy, sell, trade or resell the Snappy Personal Services, or any content of the Platform, or any content of other users, for any purpose, without the express written permission by Snappy; and
- You understand that Snappy can use third parties (e.g., hosting partners) to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) to run the Snappy Personal Services.
7. Snappy's Intellectual Property Rights
All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names, and other intellectual property rights related thereto, including, but not limited to, the mobile device applications, and all other elements contained in the Snappy Personal Services (collectively, the “Materials”) are the property of Snappy or its subsidiaries or affiliated companies and/or third-party licensors. These Terms do not convey to you any interest in or to the Materials. You have no rights in or to the Materials, and you will not use, copy or display the Materials, except as permitted in accordance with these Terms. You are granted a limited, revocable right of use for information and personal use only in accordance with these Terms. You acknowledge and agree that except for such limited right, under no circumstances do you acquire any right, title or interest to any part of the Materials, or any related materials, and that the Materials may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. If you send us or otherwise share with us, or publicly post on Snappy's social medias, any ideas, comments, or suggestions regarding the Materials (the "Feedback"), you acknowledge and agree that you thereby grant Snappy and its affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate the Feedback in any manner, for any purpose, and without the need for any further compensation, approval or consent.
We reserve the right to suspend or terminate any Account that has actually or allegedly infringed upon the intellectual propriety rights associated with the Materials or any third person’s intellectual property rights. In addition, we reserve the right (but have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content of a User Account from the Snappy Personal Services at our sole discretion.
You agree that we own all legal rights and intellectual property rights in the Snappy Personal Services. You must not remove, modify or obscure any legal notices. You are not entitled to use our trademarks, trade names, brands, domain names, or other distinctive brand features.
With respect to any open source or third-party code that may be incorporated in the Snappy Personal Services, such open source code is covered by the applicable open source or third-party license, if any, authorizing use of such code. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software.
DMCA Notice and Procedure for Making Claims of Copyright Infringement.
We support the protection of intellectual property rights. We respond to notices of alleged copyright infringement. If you believe that one of our Vendors is infringing intellectual property rights, you can send us a notice at firstname.lastname@example.org. The notice must (i) identify the specific copyrighted work believed to be infringed, (ii) explain where the material is located on our Site, (iii) provide us with sufficient information to contact the copyright owner directly, (iv) contain a signed and sworn statement that the information you are providing in the notice is accurate and that you are the copyright owner, or authorized to act on behalf of the owner, to enforce the copyright against the allegedly infringing materials. Upon receiving such notice, we may remove or disable access to the content claimed to be a copyright infringement and notify the Vendor with a takedown notice. The Vendor can reply with a counter notification to object the complaint and we will inform you of such counter notification. You, as the original complainant, will have 14 business days as from the receipt of the counter notification to seek a court order restraining the Vendor from engaging in the infringing activity; otherwise, nothing shall prevent us from restoring the said content.
9. Termination and Limitation of the Access to Snappy Personal Services
We reserve the right, without notice and in our sole discretion, to terminate or suspend your access to or use of all or any part of the Snappy Personal Services, or to close or suspend your Account, effective immediately, at any time including, inter alia, if we suspect in our sole discretion that (i) you or your User Account were/was engaged or are being engaged in fraudulent activity or any illegal activity under any applicable law; (ii) you have provided false information to, or concealed any information from, the Snappy or other Users; or (iii) you have engaged in activity in violation of these Terms.
To delete your Account, please send an email to: email@example.com with “Account Termination Request” in the subject line. The request must be received from the same email that Snappy has registered for your Account and should specify the account email and the full name of the Account holder. Alternatively, you may delete your Account at any time by accessing the settings page on the Platform and following the instructions therein.
The Snappy Personal Services, and the Gifts listed on the Platform, are provided on an “AS-IS” and “AS AVAILABLE” basis without warranties of any kind from Snappy.
SNAPPY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SNAPPY PERSONAL SERVICES, THE GIFTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, OR NON-INFRINGEMENT.
Snappy does not make any warranty regarding the quality, completeness, usefulness of the Gifts or any information in respect of the Gifts. Snappy does not warrant that the Snappy Personal Services or the Gifts (i) will meet your requirements or expectations, (ii) will be delivered uninterrupted, timely, secure, or error-free, (iii) will be available, or (iv) the results that may be obtained from the use of the Snappy Personal Services will be accurate or reliable.
All features, content, specifications and products describe or depicted as part of the Snappy Personal Services are subject to change at any time without notice. The photos and descriptions are approximate and provided for convenience purposes only. We make reasonable efforts to accurately display the colors of products displayed as part of the Snappy Personal Services, however, we cannot and do not guarantee that your monitor’s display of any color will be accurate. Although we strive to provide complete, accurate and current information about products offered as part of the Snappy Personal Services , we cannot guarantee any information we receive from our retail partners or the continued availability of any products.
Snappy makes no representations or warranties expressed or implied, regarding the legal or other consequences resulting from the use of the Snappy Personal Services or the Gifts.
Snappy may stop, remove, modify, or add (permanently or temporarily) the Snappy Personal Services (or features within the Snappy Personal Services) at Snappy’s sole discretion. Any new, changed, or removed features are subject to the Terms. Continued use of the Snappy Personal Services after any such changes constitute your consent to the changes.
11. Links and third party payment service providers
Portions of the Snappy Personal Services involve linking to third-party websites, resources or services (“Third Party Providers”), including those belonging to Vendors and we use the services of API management solutions for the APIs to the Third Party Providers' websites. You acknowledge and agree that we are not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by us of such websites, resources or services, or the content, Gifts available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services, or the content, Gifts or services available on or through such websites or services.
We have no control over Third Party Providers 's websites, and all use of Third Party Providers 's websites is at your own risk. Additionally, we cannot accept responsibility for any products or content made available, or payments processed or submitted, through such Third Party Providers 's websites, nor for their privacy or any other practices. We do not endorse any Third Party Providers 's websites and we urge our Users to exercise caution in using Third Party Providers 's websites.
The execution of payments with us may require the utilization of services of third party payment service providers. These services are not provided by Snappy and are subject to the terms and conditions of such third parties. We are not responsible, and you agree not to hold us liable for any actions or injuries caused by these third party payment service providers.
12. Limitation of Liability
IN NO EVENT SNAPPY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE SNAPPY PERSONAL SERVICES, OR OTHER INTANGIBLE LOSS, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SNAPPY PERSONAL SERVICES; (II) ANY CHANGES WHICH SNAPPY MAY MAKE TO THE SNAPPY PERSONAL SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SNAPPY PERSONAL SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE USE OF THE SNAPPY PERSONAL SERVICES; (V) THE GIFTS, OR (VI) ANY OTHER MATTER RELATING TO THE SNAPPY PERSONAL SERVICES.
IN ADDITION, IN NO EVENT SNAPPY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER IN RELATION WITH THE QUALITY, ACCURACY OR UTILITY OF THE INFORMATION PROVIDED AS PART OF, OR THROUGH, THE SNAPPY PERSONAL SERVICES, OR THE GIFTS, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SNAPPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ANY APPLICABLE JURISDICTION.
In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content. We are not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, electronic equipment, hardware, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Snappy Personal Services, including any injury or damage to Users or to any person’s mobile device or computer related to or resulting from participation or downloading materials in connection with the Snappy Personal Services. UNDER NO CIRCUMSTANCES SHALL SNAPPY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SNAPPY PERSONAL SERVICES, OR FROM THE USE OF THE GIFT, OR FROM ANY CONTENT PROVIDED OR POSTED ON OR THROUGH THE SNAPPY PERSONAL SERVICES.
Certain states do not allow limitations on implied warranties or the exclusion or limitation of certain damages as set forth in this section, so these limitations and exclusions apply to you only to the extent permitted by applicable law. In the event that the limitation of liability contained herein is determined by a competent court to be unenforceable, Snappy’s aggregate liability arising out of or in connection with these Terms shall be limited to one hundred U.S. Dollars ($100).
You hereby agree to indemnify and hold Snappy and its affiliates and its and their respective licensees, directors, employees, agents and advisors harmless for any claims, matters, complaints, costs, liabilities and actions arising out of Snappy’s engagement with you in connection to the Snappy Personal Services, Gifts, including but not limited to (i) your failure to comply with applicable laws, rules and regulations (ii) any claim of infringement or misappropriation upon any User or any third party's rights, including but not limited to any privacy rights and/or intellectual property rights (iii) arising from your breach of the Terms; or (iv) your use or misuse of the Snappy Personal Services. You agree to promptly notify us of any third party claims and fully cooperate with us in defending such claims at your sole expense. You further agree that Snappy shall have control of the defense or settlement of any such claims.
The above mentioned indemnity clause is in addition to, and is not in any way a substitute of, any other indemnity that may be agreed upon in a written agreement between you and Snappy.
14. Geographic Restrictions
Snappy Personal is controlled and operated within the United State. We provide this Site for use only by persons located in the United States and it is not intended for use outside of the United States. You are hereby prohibited from accessing or using the Site from anywhere the Site or any of the features, functionality, tools, content thereof, is illegal. If you choose to access the Site from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.
15. Governing law and Dispute settlement; ARBITRATION CLAUSE AND CLASS ACTION WAIVER—IMPORTANT—PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SNAPPY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
Agreement to Binding Arbitration
In the event of a dispute (whether in contract, tort, statute or otherwise) arising under or relating to these Terms, the Snappy Personal Service or any other products or services provided by us (each, a “Dispute”), such Dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”), except as otherwise explicitly set out in this Terms.
Exceptions to Arbitration
YOU AND WE AGREE THAT NEITHER YOU OR US HAVE THE RIGHT TO LITIGATE SUCH DISPUTE IN COURT BEFORE A JUDGE OR JURY, EXCEPT FOR SMALL CLAIMS DISPUTES IN WHICH YOU OR SNAPPY SEEK TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT LOCATED IN THE COUNTY OF YOUR BILLING ADDRESS OR DISPUTES IN WHICH SNAPPY SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY.
Arbitration Rules; Governing Law; Forum Selection
All Disputes will be resolved before a single, neutral arbitrator located in New York, New York, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. You acknowledge and agree that you either have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. The arbitration may be conducted pursuant to JAMS rules in person, through the submission of documents, or utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel.
These Terms shall be governed by, and interpreted in accordance with, the law of New York exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. You and Snappy agree that the state or federal courts of the State of New York and the United States sitting in the county of New York in the State of New York, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award or in the event the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute. Any dispute between you and Snappy that is not subject to arbitration or cannot be heard in small claims court will be resolved in state and federal courts sitting in the City of New York in the State of New York. You agree to submit to the exclusive personal jurisdiction of the courts sitting within the county of New York in the State of New York for the purpose of litigating all such claims or disputes.
Remedies; Injunctive Relief
This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction You and Snappy may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. You and Snappy shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms will prevent Snappy from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Snappy’s proprietary interests.
The arbitrator, Snappy, and you, will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
Any cause of action arising out of relating to the Snappy Personal Services against us must be brought within one (1) year of the date such cause of action arose, otherwise, the claim is permanently barred, which means that you and we will not have the right to assert the claim. For the avoidance of doubt, the foregoing time limitation shall not apply to claims related to alleged unlawful use of intellectual property, which shall be subject to the relevant statute of limitations under applicable law.
Jury Trial and Class Action Waiver
YOU AND WE AGREE THAT NEITHER YOU OR US HAVE THE RIGHT TO LITIGATE SUCH DISPUTE IN COURT BEFORE A JUDGE OR JURY. YOU AND WE AGREE THAT ANY DISPUTE ARISING OR RELATED TO THE SNAPPY PERSONAL SERVICES AND ALL CLAIMS BROUGHT AGAINST THE OTHER MUST BE BROUGHT IN SUCH PARTY’S 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, EXCEPT TO THE EXTENT SUCH RESTRICTION IS PROHIBITED BY APPLICABLE LAW.
Legal notices to Snappy, including but not limited to notices of breach or initiation of arbitration (“Notice”), must be clearly identified as legal notices and sent by first class or certified mail to Snappy Legal Department, 33 Irving Place, #5021, New York, NY 10003, with a copy to firstname.lastname@example.org. If we intend to seek arbitration, we will send a Notice to the email address that you provided to us when registering your User Account. All Notices must describe the nature and basis of the claim and the specific relief sought.
In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision, which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect.
Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Snappy or authorizes you to act on behalf of Snappy.
We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void.
No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Notice for California Residents. Under California Civil Code Section 1789.3 (Consumer Rights Notices), California Users are entitled to the following consumer rights notice:
If you have a question or complaint regarding the Site or the Services, please send an email to email@example.com. Our address is 33 Irving Place, #5021, New York, NY 10003. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
18. How to Contact us?
The best way to get in touch with is to contact us at: firstname.lastname@example.org.
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