Solar Content™ Terms and Conditions

 

Thank you for visiting the Solar Content ™ website located at www.magnetik-mobi.com (the “Site”).  The Site is an Internet property of StripeyGiraffe Ltd. (collectively, “StripeyGiraffe Ltd™,” “we,” “our” or “us”).  The following Solar Content™ Terms and Conditions (“Terms and Conditions”) are inclusive of the StripeyGiraffe Ltd™ Privacy Policy (“Privacy Policy”), the rules applicable to any Promotion (as defined below) offered by StripeyGiraffe Ltd ™ (“Contest Rules”) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”). 

Each end-user visitor to the Site (“user,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or downloads any of the: (i) free-to-access text, audio, video, photographs, graphics, artwork, testimonials and/or other content featured on the Site (collectively, “Informational Content”); and/or (ii) links to third party websites, products and/or services (“Third-Party Links”); (c) accesses links to StripeyGiraffe Ltd’s™ social media pages/accounts (collectively, “Social Media Pages”) on third-party social media websites (“Social Media Websites”); (d) registers, for a fee, as a member of the Site (“Member”), which provides Members with access to: (i) premium content including, without limitation, health, wellness, fitness, horoscope and sports-related content, as well as HTML-based video games (collectively, “Premium Content,” and together with the Informational Content and Third Party Links, the “Content), as made available on or through the Site by StripeyGiraffe Ltd™ and/or StripeyGiraffe Ltd’s™ third-party content providers (“Content Providers”); and (ii) a variety of printable, web-based coupons (“Printable Coupons”) and online coupon codes ("Coupon Codes," and together with Printable Coupons, “Coupons”), as made available on or through the Site by StripeyGiraffe Ltd’s™ third-party coupon provider partners (“Coupon Providers,” and together with the Content Providers, the “Third-Party Providers”); (e) enters one of the promotions, sweepstakes and/or contests featured on the Site from time-to-time (collectively, “Promotions”); and/or (f) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, StripeyGiraffe Ltd ™ (collectively, the “Contact Services,” and together with the Site, Content, Social Media Pages, Membership, Coupons and Promotions, the “Site Offerings”). 

PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY.  IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST StripeyGiraffe Ltd™, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

Disclaimers

You understand that the Content and other Site Offerings are not intended for use by persons under eighteen (18) years of age.  StripeyGiraffe Ltd™ does not warrant or represent that such Content and other Site Offerings are error-free.  

You acknowledge and understand that the Content (including any nutritional, diet and/or lifestyle-related advice) and other Site Offerings have not been evaluated by the US Food & Drug Administration (“FDA”).  The Content and other material made available by and through the Site Offerings: (a) are not intended to diagnose, treat, cure or prevent any medical condition or disease; (b) are not in any way intended as medical advice or as a substitute for medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician.    

Please be advised that not everyone is healthy enough to engage in strenuous physical activity. Engaging in any exercise routine, program or other activity associated with any Content and/or other Site Offerings is at your own risk.  

You should always consult with your physician or other healthcare professional before adopting any nutritional plan, exercise regimen, wellness program or other activity and/or adopting any treatment for any health problem, whether featured by and through the Content and/or other Site Offerings, especially if you suffer from any pre-existing medical condition or have a family history of these or other medical conditions.  Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate.  If you have or suspect that you have a medical problem as a result of using adopting any nutritional plan, exercise regimen, wellness program or other activity, whether featured by and through the Content and/or other Site Offerings, promptly contact your health care provider.  Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with any Content and/or other Site Offerings.

StripeyGiraffe Ltd™ does not warrant or represent that the Site Offerings will provide you with any particular health or other benefits, or that your results will match those of others who have used the Content and/or other Site Offerings. Individual results will vary from person to person, and are dependent on factors including pre-existing medical conditions, age, weight, body chemistry, diet and exercise regimen.

The nutritional programs associated with the Content and/or other Site Offerings may include meal recipes that contain ingredients that you may be allergic to.  You should always check the ingredients in such recipes to avoid potential allergic reactions.  If you have, or suspect that you are experiencing, an allergic reaction or other adverse health event, promptly contact your health care provider.

1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between users and StripeyGiraffe Ltd™ with respect to users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification.  The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings.  By your continued use of the Site Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).    
2. Requirements; Termination of Access to the Site Offerings; Necessary Equipment. The Site Offerings are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence) and/or individuals who cannot enter into legally binding contracts under applicable law.  If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the Site Offerings.

To the extent permitted by applicable law, StripeyGiraffe Ltd™ may terminate your right to access the Site Offerings at any time where you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Site Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the Site Offerings.

You are responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings StripeyGiraffe Ltd™ does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer.  StripeyGiraffe Ltd™ does not guarantee that the Site Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas.  Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device.  You are fully responsible for all such charges and StripeyGiraffe Ltd™ has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

3. Registration Forms. In order to purchase a Membership and/or utilize certain Site Offerings, including the Contact Services, you may be required to submit one or more registration forms (each, a “Form”). The information that you must supply on a Form may include, without limitation: (a) your full name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) your PayPal® account and/or credit card information (where purchasing a Membership); and/or (f) any other information requested by us on the applicable registration Form (collectively, “Registration Data”).  You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.

StripeyGiraffe Ltd™ use of Registration Data shall be governed by the Privacy Policy.  For a copy of the Privacy Policy, please Click Here. 

4. Membership; Cancellation of Membership. You can purchase a Membership by and through the Site by completing the applicable Form and providing the requisite Registration Data.  Where you purchase a Membership in connection with the trial period currently being offered, you will not be charged for the first seven (7) day Membership trial period (“Trial Period”), please note that in some occassions PayPal may attempt to collect the recurring payment earlier than the due date. If you have signed up to a plan that offers a seven day free trial, and you would like to cancel your subscription please allow at least 48 hours before the payment is due to avoid getting charged. You will still have access to the service until the end of your subscription cycle..  If you are not completely satisfied with your Membership and decide to cancel your account during the Trial Period, you will not be charged for any subsequent fees.  Where you do not cancel your Membership prior to the expiration of the Trial Period, your PayPal® account, credit card and/or debit card account (collectively, “Payment Method”) that you provided on the initial registration Form or updated at a later date will be charged Seven Dollars and Ninety-Nine Cents ($7.99), on a weekly, recurring basis for as long as your Member account remains active.  Such fees will be charged in advance. You acknowledge and agree that StripeyGiraffe Ltd™ will not obtain any additional authorization from you for this recurring payment.  Every time that you access/use your Member account, you re-affirm that StripeyGiraffe Ltd™ is authorized to charge your Payment Method and to have the fees applied to same.   

If you wish to cancel your Member account, you may do so at any time by: (a) utilizing the options made available in your Member account or via your preferred Payment Method; (b) calling us at: (855) 206-5034; or (c) e-mailing us at: [email protected].  Upon cancellation or termination of your account for any reason, you will not be charged for any subsequent Member account renewals; provided, however, that: (i) you will remain responsible for timely payment of any and all fees that you have already incurred; (ii) you shall not receive any pro-rata refund for partial weeks; and (iii) we will not refund any amounts previously paid up to the date of cancellation or termination.  UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE.

You must promptly notify us if your Payment Method is cancelled or is no longer valid (e.g., due to loss or theft) or your Membership account may be cancelled. Changes to such information can be made by utilizing the options made available in your Member account section on the Site or contacting a customer care professional at: (855) 206-5034 or [email protected]. If your selected Payment Method is a credit card and your credit card fails to process for a subsequent weekly renewal of your Membership, you agree that StripeyGiraffe Ltd™ may contact you on any phone number (including a cell phone number) or e-mail address provided by you for alternate payment information. If you fail to pay for any product or service received, your account may be sent to collection.  The fees associated with your purchases will appear on your Payment Method statement through the identifier “mhltd.co.”  All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States.  Failure to use your Membership does not constitute a basis for refusing to pay any of the associated charges.  Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of StripeyGiraffe Ltd™ in effect at any given time.  Upon reasonable prior notice to you (with Site-updates and/or e-mail sufficing), StripeyGiraffe Ltd™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion.  Continued use of the Site Offerings and/or Membership after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. 

Electronic Signatures:  StripeyGiraffe Ltd’s™ authorization to provide and bill for your Membership is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation.  Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency.  StripeyGiraffe Ltd’s™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively (collectively, the “E-Sign Act”).  Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OFFERINGS.  Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.

5. Content. The Site contains Content which includes, but is not limited to, Premium Content. The Content is compiled, distributed and displayed by StripeyGiraffe Ltd™, as well as Third-Party Providers.  StripeyGiraffe Ltd™ does not control the Content provided by Third-Party Providers that is made available by and through the Site Offerings.  Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content.  The Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the Site Offerings is solely at your own risk.  StripeyGiraffe Ltd™ does not represent or warrant that the Content and other information posted by and through the Site Offerings is accurate, complete, up-to-date or appropriate.  You understand and agree that StripeyGiraffe Ltd™ will not be responsible for, and StripeyGiraffe Ltd™ undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers.  You agree that StripeyGiraffe Ltd™ shall have no obligation and incur no liability to you in connection with any Content.  You may find certain Content to be outdated, harmful, inaccurate and/or deceptive.  Please use caution, common sense and safety when using the Content.  The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.

The Content: (a) is not intended to diagnose, treat, cure or prevent any medical condition or disease; (b) is not in any way intended as medical advice or as a substitute for medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician.    

Please be advised that not everyone is healthy enough to engage in strenuous physical activity. Engaging in any exercise routine, program or other activity associated with any Content is at your own risk.  

You should always consult with your physician or other healthcare professional before adopting any nutritional plan, exercise regimen, wellness program or other activity and/or adopting any treatment for any health problem, whether featured by and through the Content, especially if you suffer from any pre-existing medical condition or have a family history of these or other medical conditions.  If you have or suspect that you have a medical problem as a result of using adopting any nutritional plan, exercise regimen, wellness program or other activity featured by and through the Content, promptly contact your health care provider.  Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with any Content.

6. Coupons. The following terms and conditions apply to all Coupons made available by and through the Site Offerings, except as otherwise specified on (or in association with) a particular Coupon and except as otherwise required by law.  All persons accepting, printing, using or attempting to use any Coupon (each, a "Consumer") agree to the terms of this Section 6 in their entirety.

All Coupons are issued by the participating Third-Party Provider merchants (“Merchants”) and made available by and through the Site Offerings.  The Merchants are the holders and issuers of the Coupons and under no circumstances shall StripeyGiraffe Ltd™ be deemed the holder, issuer or seller of any Coupon.  The law applicable to the Coupons shall be the law of the state where the interaction between the applicable Merchant and applicable Consumer occurs.  As the holder and issuer of a Coupon, each Merchant is solely responsible for the value and redemption of that Coupon and for any and all bodily injury, illness, damages, claims, liabilities and costs suffered by or relating to any Consumer and compliance with all laws including, without limitation, unclaimed property and escheatment laws relating to that Coupon. Coupons are subject to all limitations stated on (and/or associated with) the Coupons or imposed by the applicable Merchants.  Neither StripeyGiraffe Ltd™, nor the applicable Merchant, is responsible for lost or stolen Coupons.

The Coupons may provide a discounted price from the actual value of the applicable Merchant’s product(s) or service(s). The discount is available until the expiration date stated on the face of the Coupon.  After a Coupon has expired, that Coupon may not be redeemed, nor does that Coupon have any value, unless otherwise required by law or allowed by the applicable Merchant.  A Consumer's redemption of a Coupon constitutes an acceptance of that redemption and a waiver of any and all claims associated with that Coupon. Coupons may not be redeemed for products or services other than those specified on the applicable Coupons or as otherwise specifically permitted by this Section 6.

Coupons are not transferable without notice to and acceptance by StripeyGiraffe Ltd™ and/or the applicable Merchant(s), as applicable, unless such transfer is permitted pursuant to applicable law.  No resale of Coupons is permitted unless such resale is permitted pursuant to applicable law.  Coupons should be treated as if the Coupons were cash.  Coupons are not redeemable for cash (in whole or in part) and have no cash value except as required by applicable law.  Coupons may not be combined with any other offer, coupon, promotion or discount or certificate and must be used in a single visit to/purchase from the Merchant, except as required by applicable law.  The issuance of any credits for Coupons is at the sole discretion of the applicable Merchants, except as required by applicable law.  All restaurant Coupons are valid for dine in only unless otherwise stated on the applicable Coupons.  Coupons may not be used for alcohol, prior balances, shipping or handling, tips, gratuities or other fees, except as expressly provided on the applicable Coupons, as allowed by the applicable Merchants or as otherwise permitted by applicable law.  Unless otherwise stated on the applicable Coupon, the Coupon value does not include sales, value added or use taxes, which may be charged to the Consumer separately by the Merchant at the time that the Consumer redeems the Coupon.  Any attempted redemption of a Coupon in violation of this Section 6 will render that Coupon null and void.

Each Consumer hereby knowingly fully waives and releases StripeyGiraffe Ltd™ and its Covered Parties, from any and all injuries, liabilities, damages, claims and/or rights of any nature whatsoever arising from or related to any act or omission of any Merchant in connection with any Coupon, the provision of the services and products relating to any Coupon and/or compliance by any Merchant with applicable law including, without limitation, unclaimed property and escheatment laws. StripeyGiraffe Ltd’s™ sole role is as the marketing agent for the Merchants, and the applicability of, and compliance with, any relevant law relating to any Coupon is solely determined by, and the obligation of, the applicable Merchants.  In the event of a conflict between the Agreement and the terms and conditions associated with a Coupon, the terms and conditions associated with the Coupon itself will control.

Void where prohibited.  Please be advised that StripeyGiraffe Ltd™ does not itself provide the Coupons, or the associated products or services, and the ultimate terms and conditions of any such Coupons, and associated products and/or services, will be determined by the Merchants providing the Coupons.  StripeyGiraffe Ltd™ is not responsible for Coupons that are lost, late, illegible, misdirected, damaged, incomplete or incorrect. 

The Coupons contain descriptions that are provided directly by the Merchants, manufacturers and/or distributors of such Coupons, as applicable. StripeyGiraffe Ltd™ does not represent or warrant that the descriptions of such Coupons are accurate or complete.  As a result, StripeyGiraffe Ltd™ has no control over the quality, safety or legality of the Coupons.  You understand and agree that StripeyGiraffe Ltd ™ is not responsible or liable in any manner whatsoever for: (a) your use of, or inability to use and/or qualify for, any Coupon; (b) any dispute between you and any Merchant; or (c) any modification, suspension or discontinuation of any Coupon offered by any Merchant.

All taxes associated with the receipt and/or redemption of Coupons are the sole responsibility of the applicable Consumer.

7. Promotions. From time-to-time, StripeyGiraffe Ltd™ offers Promotions by and through the Site Offerings. By providing true and accurate information in connection with the applicable Promotion Form(s) and agreeing to the Contest Rules applicable to each Promotion, users can obtain, or attempt to obtain, a chance to win the prizes and other awards offered through each Promotion.  Each user understands and agrees that StripeyGiraffe Ltd™ shall not be liable to such user or any third-party for any claim in connection with that user’s participation in any of the Promotions.
8. Social Media Pages. The Site contains links to the various StripeyGiraffe Ltd™ Social Media Pages.  The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities.  Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions.  You understand and agree that StripeyGiraffe Ltd™ shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

 

9. Representations and Warranties. Each user hereby represents and warrants to StripeyGiraffe Ltd™ as follows: (a) the Agreement constitutes the legal, valid and binding obligation of user, which is fully enforceable against such user in accordance with its terms; (b) user understands and agrees that user has independently evaluated the desirability of utilizing the Site Offerings and that user has not relied on any representation and/or warranty other than those set forth in the Agreement; and (c) the execution, delivery and performance of the Agreement by user will not conflict with or violate: (i) any applicable law; (ii) any order, judgment or decree applicable to user; and/or (iii) any agreement or other instrument applicable to user.

 

10. Indemnification. Each user agrees to indemnify, defend and hold StripeyGiraffe Ltd™, its officers, directors, employees, agents and attorneys, as well as the Covered Parties, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that user and any Third-Party Provider(s), Merchant(s) and/or other third party(ies); (b) that user’s breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that user’s unauthorized and/or improper use of the Site Offerings.  The provisions of this Section 10 are for the benefit of StripeyGiraffe Ltd™, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys.  Each of these individuals and entities shall have the right to assert and enforce these provisions directly against users on its own behalf.

 

11. License Grant. Each user is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings.  StripeyGiraffe Ltd™ may terminate this license at any time for any reason.  Unless otherwise expressly authorized by StripeyGiraffe Ltd™, users may only use the Site Offerings for their own personal, non-commercial use.  No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.  No user or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by StripeyGiraffe Ltd™.  No user or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof.  No user or other third party may create any “derivative works” by altering any aspect of the Site Offerings.  No user or other third party may use the Site Offerings in conjunction with any other third-party content.  No user or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by StripeyGiraffe Ltd™.  Each user further agrees to indemnify and hold StripeyGiraffe Ltd™ harmless for that user’s failure to comply with this Section 11.  StripeyGiraffe Ltd™ reserves any rights not explicitly granted in the Agreement. 

 

12. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights.  The copying, redistribution or publication by any user or other third party of any part of the Site Offerings is strictly prohibited.  No user or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings.  The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials.  The “StripeyGiraffe Ltd” name and logo, and all associated graphics, icons and service names, are registered trademarks of StripeyGiraffe Ltd. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.

 

13. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and StripeyGiraffe Ltd™ will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

 

14. Disclaimer of Warranties. THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, StripeyGiraffe Ltd™ MAKES NO WARRANTY THAT THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; (E) WILL RESULT IN ANY ECONOMIC BENEFIT FROM THE COUPONS; OR (F) WILL BE ACCURATE OR RELIABLE.  THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  StripeyGiraffe Ltd™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM StripeyGiraffe Ltd™ OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

 

15. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT StripeyGiraffe Ltd™ SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF StripeyGiraffe Ltd™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND THE OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA; (E) THE FAILURE TO REALIZE ANY SPECIFIC MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; (F) THE FAILURE TO REALIZE ANY SPECIFIC ECONOMIC BENEFIT FROM THE COUPONS; AND/OR (G) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.  EACH USER HEREBY RELEASES StripeyGiraffe Ltd™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.  IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF StripeyGiraffe Ltd]™ TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).  NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR StripeyGiraffe Ltd™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.  THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND StripeyGiraffe Ltd™.  ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF StripeyGiraffe Ltd™ SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

16. Third Party Websites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites and/or Third-Party Links. StripeyGiraffe Ltd™ does not control the information, products or services made available on, by or through these third-party websites.  The inclusion of any link does not imply endorsement by StripeyGiraffe Ltd™ of the applicable website or any association with the website’s operators.  Because StripeyGiraffe Ltd™ has no control over such websites and/or resources, each user agrees that StripeyGiraffe Ltd™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any user’s data privacy by third parties.  Each user further agrees that StripeyGiraffe Ltd™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
17. Copyright Policy/DMCA Compliance. StripeyGiraffe Ltd™ reserves the right to terminate the account of any user who infringes upon third-party copyrights.  If any user or other third-party believes that a copyrighted work has been copied and/or posted via the Site Offerings in a way that constitutes copyright infringement, that party should provide StripeyGiraffe Ltd™ with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf.  Contact information for StripeyGiraffe Ltd’s™ Copyright Agent for notice of claims of copyright infringement is as follows:  

Klein Moynihan Turco LLP
Attn: Copyright Attorney
450 Seventh Avenue, 40^th Floor
New York, NY 10123
[email protected]
Fax: (212) 216-9559

18. Editing, Deleting and Modification. StripeyGiraffe Ltd™ reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Site.

 

19. Use of Registration Data. All material submitted by users through or in association with the Site Offerings including, without limitation, the Registration Data, shall be subject to the Privacy Policy.  For a copy of the Privacy Policy, please Click Here. 
    
20. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).  The parties hereby agree to arbitrate all claims that may arise under the Agreement.  Without limiting the foregoing, should a dispute arise between the parties (including the Covered Parties) including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here.  We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”).  If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here.
    For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Covered Parties and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.    

21. California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to [email protected].
22. Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence; provided, however, that with respect to any Promotions, to the extent that anything in these Terms and Conditions is inconsistent with the applicable Contest Rules, those Contest Rules shall take precedence.  StripeyGiraffe Ltd’s™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.  Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  StripeyGiraffe Ltd™ may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  

 

23. Contact Us. If you have any questions about the Agreement, Site Offerings or the practices of StripeyGiraffe Ltd™, you may utilize the contact method applicable to the subject matter of your inquiry, as set forth on the “Contact Us” page of the Site, or you can e-mail us at: [email protected]; call us at: (855) 206-5034; or send us U.S. mail to: StripeyGiraffe Ltd, 9169 W State St #2996, Garden City, ID 83714.