TERMS AND CONDITIONS OF USE AGREEMENT
This Terms of and Conditions of Use Agreement (“Agreement”) is entered into among Spotted Fox, LLC, a California limited liability company (“Spotted Fox”) and you the user (the “User”) and governs your use of the Website located at www.SpottedFox.com and its subpages(“Website”). References in this Agreement to “we,” “us” or “our” mean Spotted Fox and references to “you” mean the User. Spotted Fox, via the Website, provides Users with access to third party recommendations for activities and experiences, and opportunities to purchase prepaid reservations, products and services from third-party merchants.
You represent that you are of legal age to form a binding contract. You must be at least eighteen (18) years old to be eligible to use the Website. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE WEBSITE AND CREATING YOUR ACCOUNT.
Term and Termination. This Agreement is automatically renewed each time you access the Website and/or use our services. This Agreement may be terminated by Spotted Fox, effective immediately in the event of a breach by you of any of the provisions set forth in this Agreement, as determined by Spotted Fox in its sole and absolute discretion. Termination shall be without prejudice to any other right or remedy to which we may be entitled under this Agreement or at law. You hereby acknowledge that if we, in our sole discretion, determine you to be in breach of this Agreement, or upon any other termination of this Agreement, we may restrict, suspend, or terminate your access to all or any part of the Website, with or without notice.
License. We grant each User a limited, revocable, non-exclusive license to access the Website in order to view the Website and make legitimate inquiries to us regarding our services, all in accordance with this Agreement. Any other use of the Website is expressly prohibited. This limited license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Website nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website.
User’s Grant of License.By communicating with us, including submitting or sending any information, data, text, photographs, graphics, video, messages or other materials (the “Content”), you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part, including any information, suggestions, ideas, drawings, or concepts contained in such Content), worldwide, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating such Content in whole or in part, into a feature of our Website. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material or other communication to us.
Use of the Website. You represent and warrant to Spotted Fox that: (i) you are at least eighteen (18) years of age; and (ii) your use of the Website is subject to all applicable federal, state, and local laws and regulations. Further, you agree that all information you have submitted to Spotted Fox, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the Website. You represent and warrant to Spotted Fox that are the you are the rightful credit card holder and duly authorized to use any credit card you utilize in any transaction with us.
Identity Verification; Account and Password. User verification on the Internet is difficult and we cannot and do not confirm each User’s purported identity. Each User will be entitled to create and maintain one account with Spotted Fox (each, an “Account”). You will be asked to provide a username and confidential password. You shall be exclusively responsible for the supervision, management, and control of your username and password for the Website and you shall ensure that you properly exit the Website at the end of each session. You may not use the Account, username, or password of someone else at any time. You agree to notify Spotted Fox immediately of any unauthorized use of your Account, username, or password. You are responsible for any and all transactions performed while using your Account, even those transactions that are fraudulent, that you did not intend or want performed, or that were not authorized by you. Spotted Fox shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Spotted Fox, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account or password.
You acknowledge that Spotted Fox and its members, managers, employees, contractors, representatives, agents and affiliates will have no liability to you for any unauthorized transaction made on your Account. Further, we may suspend or cancel your Account or your access to the Website at any time even without receiving notice from you if we suspect that your Account and/or password is being used in an unauthorized or fraudulent manner.
Terms of Sales.Spotted Fox provides Users with opportunities to purchase reservations, products and services from third-party merchants (“Merchants”) with promotional added value (each, a “Deal”). All vouchers printed or otherwise downloaded or used from the Website are promotional vouchers that may be purchased from participating Merchants. Deals may have limitations and we do not guaranty that you will be able to participate in each Deal.
How It Works. By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you have placed your order, you will receive a confirmation of the Deal and your credit card will be charged for the amount of the Deal. We will notify you by e-mail when the voucher for the Deal is ready to be used. You are required to create an Account in order to purchase any Deal. An Account is required so we can collect information to allow you to pay for your Deals and provide you with easy access to print your Deals, view your past purchases, and modify your preferences.
Deal Specific Terms. Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
The following applies to Deals for prepaid hotel reservations (“Hotel Deals”): Spotted Fox works with hotel suppliers to facilitate the booking of prepaid reservations for hotel rooms. By placing an order for a Hotel Deal, you submit a reservation request and authorize Spotted Fox to make payment arrangements with the hotel supplier. You will be responsible for making your own reservation at the hotel. Unless otherwise stated in the Deal, taxes and fees are not included in the price of Hotel Deals, and Spotted Fox does not collect any taxes that may be applicable to your hotel reservations. Hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions.
Terms Applicable to All Deals. Unless otherwise stated in the voucher for a particular Deal or required by law, the following additional terms apply to all vouchers:
· no cash back will be issued for partial redemption of the paid portion of a voucher, except as required by law;
· no cash back or credit will be issued for partial redemption of the promotional portion of a voucher;
· vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the voucher;
· neither Spotted Fox nor the Merchant is responsible for lost or stolen vouchers or voucher reference numbers;
· duplicate use, sale or trade of a voucher is prohibited, except as required by law;
· use of a voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or local law), unless otherwise noted on the voucher;
· unless otherwise stated at the time a voucher is purchased, the voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the voucher; and
· vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable.
Expiration Dates. Each voucher will have an expiration date that will be printed on the voucher. The promotional portion of the voucher (the amount in excess of what you paid) will expire on the date printed on the voucher. After the expiration date, your voucher will be redeemable for the amount that you paid. For example, if you purchased a voucher for $75 worth of products from a Merchant and you paid $30, you will be able to use the voucher for $30 worth of products from the Merchant after the expiration date.
Limitations. Any attempt by a User to obtain more than the permitted number of vouchers specified for a particular Deal by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that User’s purchases.
Refunds. Spotted Fox will provide a refund of the purchase price paid by you for any Deal within five days after the purchase of a voucher, provided that the voucher has not yet been redeemed. After five days, we do not provide refunds except that we may provide a full or partial refund under certain circumstances at our sole and absolute discretion.
Merchant Responsibility. The Merchant is the issuer of the voucher. Spotted Fox only markets and sells the Deals on behalf of the Merchants. As issuer of the voucher, the Merchant shall be fully and solely responsible for redeeming and otherwise honoring the voucher and any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of you or any customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed vouchers. By purchasing a Deal, a customer acquires the right to print or otherwise download or use a voucher issued by the participating Merchant and to use the voucher according to its terms and the terms of this Agreement. Whether you choose to print or otherwise download and/or redeem or use the voucher is within your sole control and at your sole discretion.
SPOTTED FOX MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT VOUCHERS WILL BE REDEEMED OR OTHERWISE HONORED BY THE ISSUING MERCHANTS. IN THE EVENT A MERCHANT FAILS TO REDEEM OR OTHERWISE HONOR A VOUCHER, WHETHER BECAUSE THAT MERCHANT HAS GONE OUT OF BUSINESS, HAS BEEN ACQUIRED BY ANOTHER COMPANY, OR OTHERWISE, YOU AGREE THAT YOUR SOLE RECOURSE IS AGAINST THE ISSUING MERCHANT AND ITS SUCCESSORS AND ASSIGNS.
You forever and fully release Spotted Fox and its officers, directors, members, managers, employees and agents from, any claims, liabilities, damages, or injury arising from or related to any act or omission of a Merchant in connection with a voucher or the services/goods provided in connection therewith, including without limitation the failure to redeem or otherwise honor one or more voucher(s) or any portion thereof, and compliance with applicable unclaimed property and other laws relating to the redemption of the vouchers or any portion thereof.
Promotions. From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Website in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
Prohibited Conduct. You agree that you will not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable; (ii) use the Website for any unauthorized use including but not limited to chain letters, junk mail, “spamming,” telephone solicitations in violation of any state or federal Do-Not-Call registry, or as a basis for any use or distribution lists to any person who has not given specific permission to be included in such a process; (iii) submit, transmit, promote or distribute information or content that is illegal; (iv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (v) upload invalid data, viruses, worms, or other software agents through the Website; (vi) use any robot, spider, scraper or other system to access the Website for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, e-mail, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Website; or, (x) bypass the measures we may use to prevent or restrict access to the Website. Spotted Fox reserves the right to terminate User’s access to the Website immediately and without notice, if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.
Accuracy of Information; Third Party Content. We make no, and disclaim all, express or implied representations and warranties as to the accuracy, correctness, reliability or otherwise with respect to any information on the Website, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Website. The information provided on the Website is compiled from a variety of sources. Spotted Fox does not endorse or recommend any merchants or any products or services or other information that may be available on the Website. Reliance on any information provided by the Website and those appearing on the Website is solely at your own risk. Under no circumstances will Spotted Fox be liable for any loss or damage caused by User’s reliance on information obtained through the Website. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Website.
Additionally, the Website may contain links to third-party websites maintained by other content providersand that may use cookies, collect data and solicit information. We do not endorse these third party websites or such third party websites’ products or services and we are not affiliated with the operators of such websites. Spotted Fox hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If User decides to access linked third-party websites, User does so at its own risk. Unless you have executed a written agreement with Spotted Fox expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. Spotted Fox reserves the right to revoke its consent to any link at any time in its sole discretion.
Privacy. Since we cannot guarantee security of information on the Website, all use thereof is at your own risk and without recourse against us. Any and all information that we obtain from you, or from transactions processed through the Website, including names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the Website may be collected and used by us as provided in our Privacy PolicyYou confirm that you have read and agree to the terms of our Privacy Policy, the terms of which are incorporated herein. We make no and disclaim all representations or warranties with regard to the sufficiency of the security measures used for data handling and storage. We will not be responsible for any actual, consequential special or incidental damages that result from a lapse in compliance with our Privacy Policybecause of a security breach or technical malfunction.
Intellectual Property. The content, organization, graphics, design, compilation, and other matters related to the Website are protected under applicable U.S. and international copyright, trademark and intellectual property laws. “Spotted Fox” and our logos and other marks are either trademarks, service marks or registered trademarks or service marks of Spotted Fox (“Trademarks”). We exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Website and related to the Website, and all modifications and derivative works thereof, and all intellectual property rights related thereto (“Intellectual Property”). The posting of information or materials on the Website by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You shall not challenge, contest or otherwise impair Spotted Fox’s ownership of the Website and the content therein or the validity or enforceability of Spotted Fox’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Website at any time without notice. Nothing contained in this Agreement shall be construed by implication, estoppel or otherwise as granting to the User an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of Spotted Fox or any third party. None of the material on our Website may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Spotted Fox, which permission may be withheld in our sole and absolute discretion.
Copyright Infringement. Spotted Fox has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. Spotted Fox has adopted a policy that provides for the immediate suspension and/or termination of any Website User who is found to have infringed on the rights of Spotted Fox or of a third-party, or otherwise violated any intellectual property laws or regulations. Spotted Fox’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Spotted Fox to delete, edit, or disable the material in question, you must provide Spotted Fox with all of 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 on the Website of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Spotted Fox’s Copyright Agent for notice of claims of copyright infringement is as follows:
Spotted Fox, LLC
Attn: DMCA/Copyright Agent
241 14th Street
San Diego, California 92101
Email: info@spottedfox.com
International Users. If you use the Website from outside of the United States, your connection will be through and to servers located in the United States and all information you provide will be processed and maintained in our web servers and internal systems located within the United States. By using the Website, you authorize the export of personal information to the United States and its storage and use as specified above when you provide such information to us.
Disclaimer. THE WEBSITE AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED IN THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. IN ADDITION, SPOTTED FOX DISCLAIMS (i) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS OR ANY SERVICES PROVIDED BY AFFILIATES OR MERCHANTS THROUGH THE WEBSITE; (ii) ANY LIABILITY FOR INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE CONTENT ON THE WEBSITE; (iii) ANY LIABILITY FOR THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (iv) ANY LIABILITY FOR OTHER DAMAGES THAT MAY RESULT FROM THE TRANSMISSION, USE OR INABILITY TO USE THE WEBSITE OR CIRCUMSTANCES OVER WHICH SPOTTED FOX HAS NO PRACTICAL CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE WEBSITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SPOTTED FOX SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR USE OF ANY INFORMATION, PRODUCTS OR SERVICES ACCESSED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE BY SPOTTED FOX OF ANY KIND.
SPOTTED FOX IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
Limitation of Liability. SPOTTED FOX SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THIS WEBSITE, THE USE OR INABILITY TO USE THIS WEBSITE, THE RESERVATIONS, PRODUCTS OR SERVICES PURCHASED FROM MERCHANTS, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPOTTED FOX’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO SPOTTED FOX IN THE MATTER GIVING RISE TO YOUR CLAIM.
Indemnity. You will indemnify, defend and hold us, our subsidiaries, parents, affiliates, officers, directors, managers, members, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character arising out of or related to (a) your use of the Website; (b) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement; and (c) any reservations, products or services purchased by you in connection with the Website.
Amendment. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice by posting an amended version of this Agreement on the Website. It is your sole responsibility to regularly review this Agreement for changes each time you use the Website, and in any event your continued use of the Website following the posting of changes to this Agreement and the Privacy Policy set forth elsewhere on the Website, the terms of which are incorporated by this reference, constitutes your acceptance of any changes.
Governing Law. This Agreement and all aspects of the Website shall be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in California (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in San Diego County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in San Diego County, California.
Dispute Resolution. To expedite resolution and control the cost of any dispute, controversy or claim in any way related to or arising out of this Agreement, your use of the Website, or your purchase of any Deal or voucher (a “Dispute”), you and Spotted Fox agree to first attempt to negotiate any Dispute (except those Disputes expressly provided in the section below entitled “Exceptions to Informal Negotiations and Arbitration”) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Spotted Fox, LLC; Attn: Legal Department, 241 14th Street, San Diego, California 92101. If you and Spotted Fox are unable to resolve a Dispute through informal negotiations, either you or Spotted Fox may elect to have the Dispute (except those Disputes expressly excluded in the section below entitled “Exceptions to Informal Negotiations and Arbitration”) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Spotted Fox will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Spotted Fox may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Individual Arbitration. You and Spotted Fox agree that any arbitration shall be limited to the Dispute between Spotted Fox and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration. You and Spotted Fox agree that any claim for injunctive relief is not subject to the above provisions concerning informal negotiations and binding arbitration.
Severability. You and Spotted Fox agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which shall continue to be in full force and effect. For purposes of clarification, if the section above entitled “Individual Arbitration” is found to be illegal or unenforceable then the section entitled “Dispute Resolution” will remain in full force and effect and any such arbitration will be governed by the AAA Rules, including AAA’s rules for joinder and class-action arbitration, and, where appropriate, limited by the AAA Consumer Rules.
If you have any questions regarding this Agreement, please contact us: Spotted Fox, LLC; Attn: Legal Department, 241 14th Street, San Diego, California 92101; or Email: info@spottedfox.com
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE WEBSITE. BY CLICKING ON THE “YES, I ACCEPT” BUTTON DURING CHECKOUT, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “YES, I ACCEPT” BUTTON AND DISCONTINUE YOUR USE OF THE WEBSITE.
EFFECTIVE DATE: April 2, 2012
This Terms of and Conditions of Use Agreement (“Agreement”) is entered into among Spotted Fox, LLC, a California limited liability company (“Spotted Fox”) and you the user (the “User”) and governs your use of the Website located at www.SpottedFox.com and its subpages(“Website”). References in this Agreement to “we,” “us” or “our” mean Spotted Fox and references to “you” mean the User. Spotted Fox, via the Website, provides Users with access to third party recommendations for activities and experiences, and opportunities to purchase prepaid reservations, products and services from third-party merchants.
You represent that you are of legal age to form a binding contract. You must be at least eighteen (18) years old to be eligible to use the Website. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE WEBSITE AND CREATING YOUR ACCOUNT.
Term and Termination. This Agreement is automatically renewed each time you access the Website and/or use our services. This Agreement may be terminated by Spotted Fox, effective immediately in the event of a breach by you of any of the provisions set forth in this Agreement, as determined by Spotted Fox in its sole and absolute discretion. Termination shall be without prejudice to any other right or remedy to which we may be entitled under this Agreement or at law. You hereby acknowledge that if we, in our sole discretion, determine you to be in breach of this Agreement, or upon any other termination of this Agreement, we may restrict, suspend, or terminate your access to all or any part of the Website, with or without notice.
License. We grant each User a limited, revocable, non-exclusive license to access the Website in order to view the Website and make legitimate inquiries to us regarding our services, all in accordance with this Agreement. Any other use of the Website is expressly prohibited. This limited license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Website nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website.
User’s Grant of License.By communicating with us, including submitting or sending any information, data, text, photographs, graphics, video, messages or other materials (the “Content”), you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part, including any information, suggestions, ideas, drawings, or concepts contained in such Content), worldwide, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating such Content in whole or in part, into a feature of our Website. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material or other communication to us.
Use of the Website. You represent and warrant to Spotted Fox that: (i) you are at least eighteen (18) years of age; and (ii) your use of the Website is subject to all applicable federal, state, and local laws and regulations. Further, you agree that all information you have submitted to Spotted Fox, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the Website. You represent and warrant to Spotted Fox that are the you are the rightful credit card holder and duly authorized to use any credit card you utilize in any transaction with us.
Identity Verification; Account and Password. User verification on the Internet is difficult and we cannot and do not confirm each User’s purported identity. Each User will be entitled to create and maintain one account with Spotted Fox (each, an “Account”). You will be asked to provide a username and confidential password. You shall be exclusively responsible for the supervision, management, and control of your username and password for the Website and you shall ensure that you properly exit the Website at the end of each session. You may not use the Account, username, or password of someone else at any time. You agree to notify Spotted Fox immediately of any unauthorized use of your Account, username, or password. You are responsible for any and all transactions performed while using your Account, even those transactions that are fraudulent, that you did not intend or want performed, or that were not authorized by you. Spotted Fox shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Spotted Fox, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account or password.
You acknowledge that Spotted Fox and its members, managers, employees, contractors, representatives, agents and affiliates will have no liability to you for any unauthorized transaction made on your Account. Further, we may suspend or cancel your Account or your access to the Website at any time even without receiving notice from you if we suspect that your Account and/or password is being used in an unauthorized or fraudulent manner.
Terms of Sales.Spotted Fox provides Users with opportunities to purchase reservations, products and services from third-party merchants (“Merchants”) with promotional added value (each, a “Deal”). All vouchers printed or otherwise downloaded or used from the Website are promotional vouchers that may be purchased from participating Merchants. Deals may have limitations and we do not guaranty that you will be able to participate in each Deal.
How It Works. By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you have placed your order, you will receive a confirmation of the Deal and your credit card will be charged for the amount of the Deal. We will notify you by e-mail when the voucher for the Deal is ready to be used. You are required to create an Account in order to purchase any Deal. An Account is required so we can collect information to allow you to pay for your Deals and provide you with easy access to print your Deals, view your past purchases, and modify your preferences.
Deal Specific Terms. Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
The following applies to Deals for prepaid hotel reservations (“Hotel Deals”): Spotted Fox works with hotel suppliers to facilitate the booking of prepaid reservations for hotel rooms. By placing an order for a Hotel Deal, you submit a reservation request and authorize Spotted Fox to make payment arrangements with the hotel supplier. You will be responsible for making your own reservation at the hotel. Unless otherwise stated in the Deal, taxes and fees are not included in the price of Hotel Deals, and Spotted Fox does not collect any taxes that may be applicable to your hotel reservations. Hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions.
Terms Applicable to All Deals. Unless otherwise stated in the voucher for a particular Deal or required by law, the following additional terms apply to all vouchers:
· no cash back will be issued for partial redemption of the paid portion of a voucher, except as required by law;
· no cash back or credit will be issued for partial redemption of the promotional portion of a voucher;
· vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the voucher;
· neither Spotted Fox nor the Merchant is responsible for lost or stolen vouchers or voucher reference numbers;
· duplicate use, sale or trade of a voucher is prohibited, except as required by law;
· use of a voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or local law), unless otherwise noted on the voucher;
· unless otherwise stated at the time a voucher is purchased, the voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the voucher; and
· vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable.
Expiration Dates. Each voucher will have an expiration date that will be printed on the voucher. The promotional portion of the voucher (the amount in excess of what you paid) will expire on the date printed on the voucher. After the expiration date, your voucher will be redeemable for the amount that you paid. For example, if you purchased a voucher for $75 worth of products from a Merchant and you paid $30, you will be able to use the voucher for $30 worth of products from the Merchant after the expiration date.
Limitations. Any attempt by a User to obtain more than the permitted number of vouchers specified for a particular Deal by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that User’s purchases.
Refunds. Spotted Fox will provide a refund of the purchase price paid by you for any Deal within five days after the purchase of a voucher, provided that the voucher has not yet been redeemed. After five days, we do not provide refunds except that we may provide a full or partial refund under certain circumstances at our sole and absolute discretion.
Merchant Responsibility. The Merchant is the issuer of the voucher. Spotted Fox only markets and sells the Deals on behalf of the Merchants. As issuer of the voucher, the Merchant shall be fully and solely responsible for redeeming and otherwise honoring the voucher and any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of you or any customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed vouchers. By purchasing a Deal, a customer acquires the right to print or otherwise download or use a voucher issued by the participating Merchant and to use the voucher according to its terms and the terms of this Agreement. Whether you choose to print or otherwise download and/or redeem or use the voucher is within your sole control and at your sole discretion.
SPOTTED FOX MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT VOUCHERS WILL BE REDEEMED OR OTHERWISE HONORED BY THE ISSUING MERCHANTS. IN THE EVENT A MERCHANT FAILS TO REDEEM OR OTHERWISE HONOR A VOUCHER, WHETHER BECAUSE THAT MERCHANT HAS GONE OUT OF BUSINESS, HAS BEEN ACQUIRED BY ANOTHER COMPANY, OR OTHERWISE, YOU AGREE THAT YOUR SOLE RECOURSE IS AGAINST THE ISSUING MERCHANT AND ITS SUCCESSORS AND ASSIGNS.
You forever and fully release Spotted Fox and its officers, directors, members, managers, employees and agents from, any claims, liabilities, damages, or injury arising from or related to any act or omission of a Merchant in connection with a voucher or the services/goods provided in connection therewith, including without limitation the failure to redeem or otherwise honor one or more voucher(s) or any portion thereof, and compliance with applicable unclaimed property and other laws relating to the redemption of the vouchers or any portion thereof.
Promotions. From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Website in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
Prohibited Conduct. You agree that you will not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable; (ii) use the Website for any unauthorized use including but not limited to chain letters, junk mail, “spamming,” telephone solicitations in violation of any state or federal Do-Not-Call registry, or as a basis for any use or distribution lists to any person who has not given specific permission to be included in such a process; (iii) submit, transmit, promote or distribute information or content that is illegal; (iv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (v) upload invalid data, viruses, worms, or other software agents through the Website; (vi) use any robot, spider, scraper or other system to access the Website for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, e-mail, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Website; or, (x) bypass the measures we may use to prevent or restrict access to the Website. Spotted Fox reserves the right to terminate User’s access to the Website immediately and without notice, if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.
Accuracy of Information; Third Party Content. We make no, and disclaim all, express or implied representations and warranties as to the accuracy, correctness, reliability or otherwise with respect to any information on the Website, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Website. The information provided on the Website is compiled from a variety of sources. Spotted Fox does not endorse or recommend any merchants or any products or services or other information that may be available on the Website. Reliance on any information provided by the Website and those appearing on the Website is solely at your own risk. Under no circumstances will Spotted Fox be liable for any loss or damage caused by User’s reliance on information obtained through the Website. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Website.
Additionally, the Website may contain links to third-party websites maintained by other content providersand that may use cookies, collect data and solicit information. We do not endorse these third party websites or such third party websites’ products or services and we are not affiliated with the operators of such websites. Spotted Fox hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If User decides to access linked third-party websites, User does so at its own risk. Unless you have executed a written agreement with Spotted Fox expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. Spotted Fox reserves the right to revoke its consent to any link at any time in its sole discretion.
Privacy. Since we cannot guarantee security of information on the Website, all use thereof is at your own risk and without recourse against us. Any and all information that we obtain from you, or from transactions processed through the Website, including names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the Website may be collected and used by us as provided in our Privacy PolicyYou confirm that you have read and agree to the terms of our Privacy Policy, the terms of which are incorporated herein. We make no and disclaim all representations or warranties with regard to the sufficiency of the security measures used for data handling and storage. We will not be responsible for any actual, consequential special or incidental damages that result from a lapse in compliance with our Privacy Policybecause of a security breach or technical malfunction.
Intellectual Property. The content, organization, graphics, design, compilation, and other matters related to the Website are protected under applicable U.S. and international copyright, trademark and intellectual property laws. “Spotted Fox” and our logos and other marks are either trademarks, service marks or registered trademarks or service marks of Spotted Fox (“Trademarks”). We exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Website and related to the Website, and all modifications and derivative works thereof, and all intellectual property rights related thereto (“Intellectual Property”). The posting of information or materials on the Website by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You shall not challenge, contest or otherwise impair Spotted Fox’s ownership of the Website and the content therein or the validity or enforceability of Spotted Fox’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Website at any time without notice. Nothing contained in this Agreement shall be construed by implication, estoppel or otherwise as granting to the User an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of Spotted Fox or any third party. None of the material on our Website may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Spotted Fox, which permission may be withheld in our sole and absolute discretion.
Copyright Infringement. Spotted Fox has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. Spotted Fox has adopted a policy that provides for the immediate suspension and/or termination of any Website User who is found to have infringed on the rights of Spotted Fox or of a third-party, or otherwise violated any intellectual property laws or regulations. Spotted Fox’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Spotted Fox to delete, edit, or disable the material in question, you must provide Spotted Fox with all of 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 on the Website of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Spotted Fox’s Copyright Agent for notice of claims of copyright infringement is as follows:
Spotted Fox, LLC
Attn: DMCA/Copyright Agent
241 14th Street
San Diego, California 92101
Email: info@spottedfox.com
International Users. If you use the Website from outside of the United States, your connection will be through and to servers located in the United States and all information you provide will be processed and maintained in our web servers and internal systems located within the United States. By using the Website, you authorize the export of personal information to the United States and its storage and use as specified above when you provide such information to us.
Disclaimer. THE WEBSITE AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED IN THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. IN ADDITION, SPOTTED FOX DISCLAIMS (i) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS OR ANY SERVICES PROVIDED BY AFFILIATES OR MERCHANTS THROUGH THE WEBSITE; (ii) ANY LIABILITY FOR INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE CONTENT ON THE WEBSITE; (iii) ANY LIABILITY FOR THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (iv) ANY LIABILITY FOR OTHER DAMAGES THAT MAY RESULT FROM THE TRANSMISSION, USE OR INABILITY TO USE THE WEBSITE OR CIRCUMSTANCES OVER WHICH SPOTTED FOX HAS NO PRACTICAL CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE WEBSITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SPOTTED FOX SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR USE OF ANY INFORMATION, PRODUCTS OR SERVICES ACCESSED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE BY SPOTTED FOX OF ANY KIND.
SPOTTED FOX IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
Limitation of Liability. SPOTTED FOX SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THIS WEBSITE, THE USE OR INABILITY TO USE THIS WEBSITE, THE RESERVATIONS, PRODUCTS OR SERVICES PURCHASED FROM MERCHANTS, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPOTTED FOX’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO SPOTTED FOX IN THE MATTER GIVING RISE TO YOUR CLAIM.
Indemnity. You will indemnify, defend and hold us, our subsidiaries, parents, affiliates, officers, directors, managers, members, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character arising out of or related to (a) your use of the Website; (b) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement; and (c) any reservations, products or services purchased by you in connection with the Website.
Amendment. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice by posting an amended version of this Agreement on the Website. It is your sole responsibility to regularly review this Agreement for changes each time you use the Website, and in any event your continued use of the Website following the posting of changes to this Agreement and the Privacy Policy set forth elsewhere on the Website, the terms of which are incorporated by this reference, constitutes your acceptance of any changes.
Governing Law. This Agreement and all aspects of the Website shall be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in California (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in San Diego County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in San Diego County, California.
Dispute Resolution. To expedite resolution and control the cost of any dispute, controversy or claim in any way related to or arising out of this Agreement, your use of the Website, or your purchase of any Deal or voucher (a “Dispute”), you and Spotted Fox agree to first attempt to negotiate any Dispute (except those Disputes expressly provided in the section below entitled “Exceptions to Informal Negotiations and Arbitration”) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Spotted Fox, LLC; Attn: Legal Department, 241 14th Street, San Diego, California 92101. If you and Spotted Fox are unable to resolve a Dispute through informal negotiations, either you or Spotted Fox may elect to have the Dispute (except those Disputes expressly excluded in the section below entitled “Exceptions to Informal Negotiations and Arbitration”) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Spotted Fox will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Spotted Fox may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Individual Arbitration. You and Spotted Fox agree that any arbitration shall be limited to the Dispute between Spotted Fox and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration. You and Spotted Fox agree that any claim for injunctive relief is not subject to the above provisions concerning informal negotiations and binding arbitration.
Severability. You and Spotted Fox agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which shall continue to be in full force and effect. For purposes of clarification, if the section above entitled “Individual Arbitration” is found to be illegal or unenforceable then the section entitled “Dispute Resolution” will remain in full force and effect and any such arbitration will be governed by the AAA Rules, including AAA’s rules for joinder and class-action arbitration, and, where appropriate, limited by the AAA Consumer Rules.
If you have any questions regarding this Agreement, please contact us: Spotted Fox, LLC; Attn: Legal Department, 241 14th Street, San Diego, California 92101; or Email: info@spottedfox.com
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE WEBSITE. BY CLICKING ON THE “YES, I ACCEPT” BUTTON DURING CHECKOUT, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “YES, I ACCEPT” BUTTON AND DISCONTINUE YOUR USE OF THE WEBSITE.
EFFECTIVE DATE: April 2, 2012