Terms and Conditions of Use
Date of Last Revision: January 4, 2016
WELCOME TO GINGERSNAPCRATE!
Welcome to GingerSnapCrate and our family of brands and products. These Terms and Conditions of Use contain legal obligations that govern and control your use of and access to our websites, mobile sites, and mobile applications, as well as our products and services. Certain services, promotions, and features may have additional terms and conditions, and those additional terms and conditions are incorporated herein by reference. Please read the below carefully.
GingerSnapCrate (“GingerSnapCrate,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.GingerSnapCrate.com (the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms and Conditions of Use (as amended from time to time, the “Terms and Conditions”). We reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time. If we do this, we will post the change(s) on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (5) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms and Conditions.
All content included on the GingerSnapCrate.com site – such as text, without limitation, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software – is the property of GingerSnapCrate or content suppliers, and is protected by all applicable laws of the United States of America, the State of California, and international copyright laws. All software used on the GingerSnapCrate.com site is the property of GingerSnapCrate or its software suppliers, and protected by all applicable laws of the United States of America, the State of California, and international copyright laws.
GingerSnapCrate, and other marks indicated on our site are trademarks or registered trademarks of GingerSnapCrate in the United States of America and other countries. GingerSnapCrate graphics, logos, page headers, button icons, scripts, and service names are trademarks of and/or are the fully owned intellectual property of GingerSnapCrate. The foregoing trademarks and intellectual property may not be used in connection with any product or service that is not GingerSnapCrate’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits GingerSnapCrate. All other trademarks and intellectual property not owned by GingerSnapCrate or its affiliates that appear on the GingerSnapCrate.com site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GingerSnapCrate.
GingerSnapCrate grants you a limited license to access and make personal use of the GingerSnapCrate.com site, and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of GingerSnapCrate. This license does not include any resale or commercial use of the GingerSnapCrate.com website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the GingerSnapCrate.com’s website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar datagathering and extraction tools.
The GingerSnapCrate.com site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of GingerSnapCrate. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GingerSnapCrate without express written consent. You may not use any meta tags or any other "hidden text" utilizing Five Four’s name or trademarks without the express written consent of GingerSnapCrate. Any unauthorized use terminates the permission or license granted by GingerSnapCrate. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the GingerSnapCrate.com’s home page, so long as the link does not portray GingerSnapCrate or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any GingerSnapCrate logo’s or other proprietary graphic or trademark as part of the link without express written permission.
1. ACCESS AND USE OF THE SERVICE
a. Services and Membership Description: The Service is designed to provide the user with a tailored experience whereby our professional digital artists and photographers craft unique and artful items from your pre-designated photos. Once you create an account, you will become a “Member.” For more details about the Service, please see www.GingerSnapCrate.com.
b. With each product, you have 5 days after delivery to review the selection of products for defects in construction (“vetting period”). We charged you for all items not returned in accordance with the Return Policy, below, at the end of the vetting period, although we may bill you earlier in certain circumstances (for example, if you return your product before the vetting period is over, if you request us to, if we have reason to believe that the order if fraudulent, if there has been a pattern of credit issues, or if we notify you that we will do so.) There are no order minimums or long-term ordering commitments. You may suspend your Membership at any time by contacting GingerSnapCrate customer support at service@GingerSnapCrate.com with a 30 day notice. GingerSnapCrate reserves the rights to terminate your membership, to refuse any and all current or future use of the Site or the Service, and not to do business with any Member or anyone else, each as GingerSnapCrate deems appropriate in its sole discretion for any reason. Cancellation is 30 days notice
c. Return Policy; Shipping: You may return any item from a particular shipment you receive through the Service (in accordance with the instructions below and those provided with such shipment) within 5 days after it is delivered. For free returns, any items must be returned using the pre-paid return label and box provided by GingerSnapCrate, and items must be in their original condition and include all original tags and packaging. Shipping is not available to all locations. Members will not be charged fees for shipping or return shipping, except in special circumstances (where we will give you advance notice) All items you receive through the Service will be shipped by a third-party carrier. As per the above, you may only return an item if it is damaged or defective and that item will be replicated and sent out at no cost to the customer. No refund will be issued whatsoever. Preference is not an adequate reason for returning an item and the return will not be credited toward you.
d. Gift Certificates: The purchase of a GingerSnapCrate gift certificate cannot be redeemed for cash, except to the extent required by applicable law. GingerSnapCrate gift certificates cannot be resold and are otherwise non-transferrable.
e. Referral Rewards: We invite and encourage Members to earn certain rewards (e.g., credits toward future purchases from GingerSnapCrate) (“Referral Rewards”) when they invite friends to become Members and those friends make a qualifying purchase from GingerSnapCrate. Your earning and redeeming of Referral Rewards (the “Referral Rewards Program”) is governed by these Terms and Conditions. Please see more details on our current Referral Rewards Program at www.GingerSnapCrate.com/invite.
h. Registered Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify GingerSnapCrate of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. GingerSnapCrate will not be liable for any loss or damage arising from your failure to comply with this Section. Similarly, you are responsible for maintaining the confidentiality of your password and account information of any Cloud Based Storage Platform or Gallery shared with our digital artists or photographers, in furtherance of this Service. You agree to (a) immediately notify GingerSnapCrate of any unauthorized use of your password or account for such platforms or galleries, and (b) ensure that you exit from your account at the end of each session when accessing for purposes of security as well as login conflicts for our digital artists and photographers.
i. Modifications to Service: GingerSnapCrate reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GingerSnapCrate will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
j. General Practices Regarding Use and Storage: You acknowledge that GingerSnapCrate may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on GingerSnapCrate’s servers on your behalf. You agree that GingerSnapCrate has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that GingerSnapCrate reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that GingerSnapCrate reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
l. Mobile Services: The Service includes certain services that are available via a mobile device, including the ability to browse the Service and the Site from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, accessing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
2. CONDITIONS OF USE
a. User Conduct: You are solely responsible for all photographs, video, images, information, data, text, software, music, sound, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by GingerSnapCrate. GingerSnapCrate reserves the right to investigate and take appropriate legal action against anyone who, in GingerSnapCrate’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
i. defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
ii. email or otherwise upload any content that (1) infringes any intellectual property or other proprietary rights of any party; (2) you do not have a right to upload under any law or under contractual or fiduciary relationships; (3) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (4) poses or creates a privacy or security risk to any person; (5) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (6) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (7) in the sole judgment of GingerSnapCrate, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose GingerSnapCrate or its users to any harm or liability of any type;
iii. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
iv. violate any applicable local, state, national or international law, or any regulations having the force of law;
v. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
vi. solicit personal information from anyone under the age of 18;
vii. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
viii. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
ix. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
x. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
c. Special Notice for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content. d. Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
3. INTELLECTUAL PROPERTY RIGHTS
a. Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by GingerSnapCrate, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of GingerSnapCrate, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by GingerSnapCrate. The GINGERSNAPCRATE name and logos are trademarks and service marks of GingerSnapCrate (collectively the “GingerSnapCrate Trademarks”). Other GingerSnapCrate, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to GingerSnapCrate. Nothing in this Terms and Conditions or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of GingerSnapCrate Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of GingerSnapCrate Trademarks will inure to our exclusive benefit.
b. Third Party Material: Under no circumstances will GingerSnapCrate be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that GingerSnapCrate does not pre-screen content, but that GingerSnapCrate and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, GingerSnapCrate and its designees will have the right to remove any content that violates these Terms and Conditions or is deemed by GingerSnapCrate, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
c. User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant GingerSnapCrate and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
d. Comments and Questions: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”) provided by you to GingerSnapCrate are non-confidential and GingerSnapCrate will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
e. Release of Content: You acknowledge and agree that GingerSnapCrate may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these Terms and Conditions; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of GingerSnapCrate, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (v) transmissions over various networks; and (vi) changes to conform and adapt to technical requirements of connecting networks or devices.
f. Copyright Complaints: GingerSnapCrate respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify GingerSnapCrate of your infringement claim in accordance with the procedure set forth below.
g. Copyright Complaint Procedure: GingerSnapCrate will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to GingerSnapCrate’s Copyright Agent at service@GingerSnapCrate.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at: 9909 Topanga Canyon Blvd. # 236, Chatsworth, CA 91311. To be effective, the notification must be in writing and contain the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed; • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
h. Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Southern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
• If a counter-notice is received by the Copyright Agent, GingerSnapCrate will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
i. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, GingerSnapCrate has adopted a policy of terminating, in appropriate circumstances and at GingerSnapCrate's sole discretion, users who are deemed to be repeat infringers. GingerSnapCrate may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
4. THIRD PARTY WEBSITES
a. The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. GingerSnapCrate has no control over such sites and resources and GingerSnapCrate is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that GingerSnapCrate will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that GingerSnapCrate is not liable for any loss or claim that you may have against any such third party.
5. SOCIAL NETWORKING SERVICES
b. In addition, GingerSnapCrate is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, GingerSnapCrate is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. GingerSnapCrate enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
6. INDEMNITY AND RELEASE
a. You agree to release, indemnify and hold GingerSnapCrate and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms and Conditions or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
7. DISCLAIMER OF WARRANTIES
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GINGERSNAPCRATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. b. GINGERSNAPCRATE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY CLOTHES, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
8. LIMITATION OF LIABILITY
a. YOU EXPRESSLY WARRANT AND AGREE THAT GINGERSNAPCRATE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GINGERSNAPCRATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL GINGERSNAPCRATE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GINGERSNAPCRATE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
b. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
9. ARBITRATION AGREEMENT
a. GingerSnapCrate and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of this Terms and Conditions.
b. References to "GingerSnapCrate", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms and Conditions, you and GingerSnapCrate are each waiving the right to a trial by jury or to participate in a class action. This Terms and Conditions evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Terms and Conditions.
c. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to GingerSnapCrate should be addressed to 9909 Topanga Canyon Blvd. # 236., Chatsworth, CA 91311 ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). If GingerSnapCrate and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or GingerSnapCrate may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by GingerSnapCrate or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or GingerSnapCrate is entitled.
d. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association (“AAA”), as modified by this Terms and Conditions, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms and Conditions. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless GingerSnapCrate and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules, irrespective of the amount of damages specified in the claim(s), shall be shared between the parties.
e. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
f. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND GINGERSNAPCRATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GingerSnapCrate agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
g. Notwithstanding any provision in this Terms and Conditions to the contrary, we agree that if GingerSnapCrate makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the GingerSnapCrate Web Site, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
a. You agree that GingerSnapCrate, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if GingerSnapCrate believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. GingerSnapCrate may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms and Conditions may be effected without prior notice, and acknowledge and agree that GingerSnapCrate may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that GingerSnapCrate will not be liable to you or any third-party for any termination of your access to the Service.
11. USER DISPUTES
a. You agree that you are solely responsible for your interactions with any other user in connection with the Service and GingerSnapCrate will have no liability or responsibility with respect thereto. GingerSnapCrate reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
a. These Terms and Conditions constitute the entire agreement between you and GingerSnapCrate and govern your use of the Service, superseding any prior agreements between you and GingerSnapCrate with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms and Conditions will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and GingerSnapCrate agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles City and County, California. The failure of GingerSnapCrate to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms and Conditions or other matters by displaying notices or links to notices generally on the Service.
13. YOUR PRIVACY
14. NOTICE FOR CALIFORNIA USERS
a. Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. GingerSnapCrate may be contacted in writing at 9909 Topanga Canyon Blvd. # 236., Chatsworth, CA 91311 or at 1-855-510-1818.
QUESTIONS? CONCERNS? SUGGESTIONS?
Please contact us at service@GingerSnapCrate.com to report any violations of these Terms and Conditions or to pose any questions regarding this Terms and Conditions or the Service.