This Agreement applies to all Site visitors and users of the Site or Sips by™ Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or any Sips by™ Service. If you have any questions, please contact us at www.sipsby.com/pages/contact.
1. SIPS BY OVERVIEW
Sips by™ operates an online tea service on the Site and on social networking platforms such as the Sips by™ Facebook® page, the Sips by™ Instagram Page, the Sips by™ Pinterest Page, the Sips by™ Twitter® feed, and the the Sips by™ YouTube channel (collectively, the "Sips by™ Online Community"). Our community is a place for you to express your interest in and curiosity about tea.
If you create an account and take the profile quiz on our Site you become a "My Sips" account holder. There is no payment required to become a My Sips account holder.
You are not required to use social media to become a My Sips account holder. We hope you share your unique tastes with other My Sips account holders in the Sips by™ Online Community, but you are not required to do so.
Sips by™ offers its community members three tea services: Tea sample subscriptions, Sips by™ Offers, and Sips by™ Giveaways (collectively, the "Sips by™ Services").
TEA SAMPLE SUBSCRIPTIONSABOUT THE MONTH-TO-MONTH SUBSCRIPTION
- Sips by™ offers a Month-to-Month Subscription with automatic rebillable renewal ("Monthly Subscription", or "Sample Box").
- Residents who have created a Sips by™ account, ages 18 and over, or ages 13-17 with parental supervision, living in the 50 United States, and the District of Columbia ("United States") may subscribe to receive a monthly tea Sample Box containing tea products.
- Sample Box Contents: Sample Boxes typically contain 4 tea items. The contents of each Sample Box will vary from month to month. We customize your Sample Box based on your profile, your product reviews, and other feedback you choose to provide to us, but we make no guarantees that you will receive a particular product.
By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate subject to the terms of any corporate-approved promotional codes you may use, and you accept responsibility for all recurring charges prior to cancellation. You acknowledge that if you use a promotional code, whether initially or in the duration of your Monthly Subscription, the charges you incur are subject to these Purchase Terms and the terms of any promotional code(s) you use.
Once you subscribe, Sips by™ will immediately process your first month subscription fee. Sips by™ will continue to automatically process your Monthly Subscription fee on the 25th of each subsequent month, at the then-current Monthly Subscription rate subject to terms of any corporate-approved promotional codes used, without further notice to you or authorization from you, until you cancel your subscription. We explain how to cancel your Monthly Subscription below.
- "Then-current Monthly Subscription Rate" is defined as the non-discounted Monthly Subscription Rate at the time of purchase.
- You can skip or cancel your auto-renewing Monthly Subscription by the 25th of the month to not be charged for the next Sample Box monthly billing cycle, or to stop all recurring charges. We explain how to skip or cancel your Monthly Subscription below.
- You will not be eligible for a refund for Monthly Subscription fees paid prior to the month the cancellation takes effect.
HOW-TO SKIP A MONTH OF YOUR MONTHLY SUBSCRIPTION
- You're able to skip a month of your automatic renewal by logging in to your account, visiting your Settings section on sipsby.com, clicking on Manage Subscription, and then selecting "Skip Order" from the Manage drop down menu.
- Next, select "Skip Order" next to the month you would like skipped, and confirm. You will see the option to "Resume Shipment" appear.
- To un-skip a month, go to the same location, then press "Resume Shipment" and confirm. You will see the option to "Skip Order" reappear.
- You're able to cancel your automatic renewal by logging in to your account, visiting your Settings section on sipsby.com, clicking on Manage Subscription, and then selecting "Cancel Order" from the Manage drop down menu. The final steps are selecting a reason for canceling the subscription, and pressing submit.
- You should receive an email confirmation of your canceled Subscription order. If you do not receive this email, Contact Us.
- If you cancel your Monthly Subscription you will become an inactive Subscriber, though you can reactivate your Subscription any time.
- See full Terms for more information.
You're able to update your card information by logging in to your account, visiting your Settings section on sipsby.com, clicking on Manage Subscription, and then selecting "View/Update Card" from the Manage drop down menu.
HOW-TO UPDATE YOUR SHIPPING ADDRESS
You're able to update your shipping address by logging in to your account, visiting your Settings section on sipsby.com, clicking on Manage Subscription, and then selecting "Update Address" from the Manage drop down menu.
HOW-TO VIEW TRANSACTIONS
You're able to view your transactions by logging in to your account, visiting your Settings section on sipsby.com, clicking on Manage Subscription, and then selecting "Transactions" from the Manage drop down menu.
Sips by™ collaborates with tea brands to provide discounts to its My Sips Account Holders. You can find Sips by™ Offers here: www.sipsby.com/pages/offers.
Retrieving Your Sips by™ Offer: follow the instructions on the page to obtain offers, and enjoy! We post Offers on social media from time to time. You do not need to be a Subscriber to enjoy these offers.
Terms for Giveaways. Your participation in any Giveaway is subject to and governed by the official rules set forth here, along with any guidelines governing the social media additional terms (“Additional Terms”) outlined in the specific Giveaway listed on sipsby.com (the “Specific Giveaway”). If there is a conflict between these official rules and the Additional Terms outlined in the Specific Giveaway, the Additional Terms will govern.
Eligibility Unless otherwise noted in the Additional Terms for the Specific Giveaway, Sips by™ Giveaways are only open to active Subscribers. Giveaway supervisors and members of their immediate families are not eligible to participate or win. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited.
Sponsor Unless otherwise outlined in the Specific Giveaway, the Sponsor of the Giveaway is Sips by LLC of Austin, Texas USA (“Sponsor” or “Sips by™”).
How to Enter. Follow the instructions contained in the Specific Giveaway to enter. In some cases, you may be asked to enter through a social media channel. In that case, you must have an account on that social media channel. All social media channels Sips by™ uses to launch Giveaways are free to join and Sips by™ makes commercially reasonable efforts to make sure Giveaways follow the guidelines set forth by the social media channel for promotions of that nature. In all cases where you are required to place hashtags on the entry, all hashtags must be included or your entry will not be eligible for the Specific Giveaway.
Odds. The odds of winning depend upon the number of entries received. Entries are capped at 1 (one) per Active Subscriber, unless otherwise stated in the Specific Giveaway.
Contest Winner Selection. The contest Sponsor will select winners from contests based on its own criteria, and reserves the right to do so. In the event there is more than one winner to be determined, the Specific Giveaway will identify the number of winners and the specific prizes.
Giveaway Winner Notification and Announcement. Unless otherwise noted, Selected Entrants will be announced publicly using the social media channel on which the Giveaway was launched, and contacted by way of direct message to be given instructions on how to claim their prizes. Only one attempt to contact the Selected Entrant will be made Selected Entrant will be required to respond (as directed in the direct message) within seven (7) calendar days of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case Sponsor may, but is not obligated to select an alternate Selected Entrant.
Prize. The prize, the number of prizes, and the individual and total retail values of those prizes are listed in the Additional Terms of the Specific Giveaway.
Publicity. By participating in the Giveaway, any Entrant irrevocably grants the Sponsor and their respective successors, assigns and licensees, the right to use such Entrant’s, entry or submission, name, likeness, biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Sweepstakes or other promotions, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law.
Prize Conditions. In cases where the prize in a Specific Giveaway exceeds $600.00, the Selected Entrant may also be required to complete additional paperwork, and may be required to provide Sponsor with her or his social security number and may be issued a tax form. In the event of a dispute about the identity of an Entrant, each entry will be declared made by the name and relevant information submitted at time of entry. Sponsor will not make multiple attempts to contact Selected Entrant.
Conditions of Participating. By participating, Entrants agree to be fully and unconditionally bound by these terms, the Additional Terms, and the decisions of Sponsor, and waive any right to claim ambiguity in the Giveaway. Any portion of the Giveaway may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Giveaway. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of any Giveaway or Sponsor’s website, to be acting in violation of these terms, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Entrants may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Sponsor reserves the right at its sole discretion to terminate any Giveaway and, if terminated, at its discretion, select the winner(s) either by applying the judging criteria, or, in a random drawing from among all eligible, non-suspect entries received prior to action taken.
Limitation of Liability. If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant's sole remedy is another entry in the same Giveaway during the Giveaway period listed in the Specific Giveaway. Selected Entrants also agree to release, discharge, indemnify and hold harmless Sponsor and each of its respective officers, directors, employees, representatives and agents (collectively “Releasees”) from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Sweepstakes-related activity or participation in any Sips by™ Giveaways. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Giveaways; or (v) any printing, typographical, administrative or technological errors in any materials associated with these Giveaways. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from continuing with a Specific Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required.
Disputes and Jurisdiction. Disputes regarding these terms will be governed by the internal laws of the State of Texas. Decisions of Sponsor are binding and final. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.
2. PRODUCT MANUFACTURE AND INGREDIENTS
Sips by™ doesn’t manufacture any of the products we send to you. All products distributed with the Sample Box, Offers, and Giveaways are manufactured by their respective brands. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. It is your responsibility to review the ingredients to avoid allergic reactions or other side effects personal to you.
U.S. residents who want to report a concern regarding any product obtained from any source can contact the U.S. Food and Drug Administration.
Eligibility to Use the Site and Sips by™ Services
Residency: The Site is available to anyone in the world, but the Sips by™ Services are limited to legal residents of the United States. The Sample Box Subscription service, Offers and Giveaways are available to residents in the United States. We make no guarantee that you will be eligible to receive every product we sell or distribute.
Fees: It's free to use the Site, but the Subscription service requires that you pay a fee.
Age: You are not authorized to access or use the Site or any Sips by™ Service if you are under 13 years old. Individuals under 18 years old must at all times use the Site and Sips by™ Services only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user (or Site member or Sample Box subscriber, if applicable) and will be responsible for any and all use of the Site and Sips by™ Services by the individual under 18.
Sips by's Right to Revoke, Suspend, or Restrict Eligibility: Sips by™ reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Sips by™ may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any Sips by™ Service. If Sips by™ bans you from the Site or any Sips by™ Service, you may not return to the Site or use that Sips by™ Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the Sips by™ Service after you've been banned, you will be deemed to have breached this Agreement, and Sips by™ reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.
Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify Sips by™ of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. Sips by™ will not be liable for any loss or damage arising from your failure to comply with this Section.
Account Information: In the course of your use of the Site or Sips by™ Services, we may ask you for certain information including your name, email address, mailing address and credit card information (collectively, "Account Information"). Your Account Information must be up-to-date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your Account Information.
Account Transfer Prohibited: You may not transfer or sell your Sips by™ account or username to any other party. You are fully responsible for all activity of your Sips by™ account and username.
General Practices Regarding Site Use and Storage: You acknowledge that Sips by™ may establish general practices and limits concerning Site use and storage. You agree that Sips by™ has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that Sips by™ may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.
You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.
User Content: You must own all User Content you submit to any Sips by™ Online Community or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities in the Sips by™ Online Community and you submit User Content at your own risk.
Sips by™ does not claim ownership rights in your User Content. When you submit User Content to any Sips by™ Online Community you grant us a license to use such content, but you retain ownership.
Re-Posting User Content: It's possible for an outside website or third party to re-post your User Content. You agree to hold Sips by™ harmless for any dispute concerning such re-posting. Sips by™ assumes no responsibility for any third party's intellectual property infringement of User Content.
Trademarks: The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed in the Sips by™ Online Community or through the Sips by™ Services are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear through the Sips by™ Services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed throughout Sips by™ Services without our written permission or that of the third-party rights holder.
Prohibited User Conduct: You agree that while using the Site and Sips by™ Services, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from Sips by™, its affiliates, or another Sips by™ user; (3) misrepresent your affiliation with any third party; (4) post or republish third party advertising on any part of the Sips by™ Online Community; (5) attempt to gain unauthorized access to other computer systems through the Site; or (6) use the Site or Sips by™ Services in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.
Information on the Sips by™ Online Community: We control and operate the Site from the United States. Sips by™ does not control User Content postings to the remainder of the Sips by™ Online Community. The views expressed in the Sips by™ Online Community do not necessarily reflect or represent the views of Sips by™, its staff or stylists.
Sips by™ reserves the right, but does not and shall not have an obligation, to monitor and review all User Content in the Sips by™ Online Community and to edit or remove any information or materials that are in violation of this Agreement or applicable law. Sips by™ also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.
You may find some User Content to be offensive or inaccurate. If you have concerns regarding User Content posted by others, please contact Sips by™ at www.sipsby.com/pages/contact. We will review your concerns in good faith. If you want us to remove User Content posted by you, please contact us at the same link. We will remove your User Content as soon as reasonably possible. Please also review our Copyright and Intellectual Property Policy.
Linking to the Site: You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.
Fees and Billing: Prices are quoted in U.S. dollars. You agree to pay in full the price for each Sips by™ Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to Sips by™ as each payment, if any, is due. You agree to pay all applicable taxes, if any. If Sips by™ does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
AUTOMATIC RENEWAL TERMS: For Sips by™ Services subject to automatic renewal, you agree that Sips by™ may submit periodic charges without further authorization from you until you provide notice that you wish to terminate this authorization or change your payment method. You agree that such notice will not affect charges submitted before Sips by™ could reasonably act.
Our total price for the Sips by™ Month-to-Month Subscription involving your purchase of a tea product (Subscriptions) will include the price of the product plus any applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with Sips by™ and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable. You are solely responsible for reporting such items on your tax returns and for paying any associated tax liability.
Unless otherwise indicated, our total price for any Sips by™ Service involving your purchase of a product will include shipping and handling fees. Sample Box shipments to anywhere outside of the United States are subject to a shipping fee.
Risk of Loss: A third-party carrier will ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site or other Service provided by Sips by™ is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before consuming any product. When appropriate, you should seek independent professional advice.
Warranty Disclaimer: SIPS BY AND SIPS BY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND SIPS BY SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. SIPS BY AND SIPS BY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM SIPS BY TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE THAT YOUR USE OF THE SITE, THE SIPS BY ONLINE COMMUNITY, AND THE SIPS BY SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT SIPS BY HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.
Limitation of Liability: IN NO EVENT SHALL SIPS BY OR SIPS BY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR SIPS BY SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE LIABILITY OF SIPS BY AND SIPS BY'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO SIPS BY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity: YOU AGREE TO INDEMNIFY AND HOLD SIPS BY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. SIPS BY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH SIPS BY'S DEFENSE OF SUCH CLAIM.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND SIPS BY HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Sips by™ agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Agreement, your use of or access to the Services, or any products purchased through the Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND SIPS BY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SIPS BY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Legal Disputes: Mandatory Arbitration.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of the agreement to arbitrate in this Legal Disputes Section, or the interpretation of the paragraph above entitled "Prohibition of Class and Representative Actions and Non-Individualized Relief", shall be for a court of competent jurisdiction to decide.
You and Sips by™ each agree that any and all disputes or claims that have arisen or that may arise between you and Sips by™ relating in any way to or arising out of this or previous versions of this Agreement, your use of the Site or Services shall be resolved by final and binding arbitration. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this agreement to arbitrate in this Legal Disputes Section. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of Texas, as set forth in the Section "Choice of Law". Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this Legal Disputes Section, except as may be required by statute.
Unless you and we agree otherwise, in the event that the agreement to arbitrate in this Legal Disputes Section is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Sips by™ must be resolved exclusively by a state or federal court located in Texas. You and Sips by™ agree to submit to the personal jurisdiction of the courts located within Texas for the purpose of litigating all such claims or disputes.
Choice of Law: This Agreement shall in all respects be governed by the laws of the State of Texas and the United States of America, without regard to choice of law provisions.
No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and Sips by's failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.
Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency: You and Sips by™ are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to Sips by™ must be given by postal mail to Sips by™, Attention: Legal Department, PO Box 300361 Austin, Texas 78703. Any notice to you may be given: (1) to the email address you provide to Sips by™ during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to Sips by™, in which case notice will be deemed sufficient three days after the mailing date.
For intellectual property issues, please provide notice as specified in Sips by’s Copyright and Intellectual Property Policy.
Survival: The provisions of this Section 4 shall survive termination or expiration of this Agreement.
Created: January 1, 2017
Effective: January 1, 2017