Terms of Service
Last Updated: March 24, 2021
Welcome to the Pipette™ online store (“Store”). These are the terms of Service ("Terms ") for your use of services, information, tools and features on the Store, including other Pipette sites owned and controlled by Amyris, Inc. and its affiliates (collectively, “Pipette”, “our”, “we”, “us”). Pipette offers the Store to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting, accessing or using any part of the Store and/ or purchasing something from us, you agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Store, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our Store. If you do not agree to all the Terms, then you may not access the Store (including any feature or service offered) or make a purchase. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
You can review the most current version of the Terms at any time by returning to this page. Pipette reserves the right to update, change or replace any part of these Terms by posting updates and/or changes to our Store at any time. It is your responsibility to check this page periodically for changes. Such changed Terms will take effect once we post them on this page at the Store, and your continued use of the Store following any such changes will mean that you accept and agree to them.
This Store is intended for and applicable only for residents of the United States. You must be eighteen (18) years old (or the age of majority in your jurisdiction) to purchase any products from our Store.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
- COMPANY CONTENT
Content on the Store that is provided by Pipette or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Pipette Content") is the property of Pipette and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Pipette grants you a limited license to access and use the Store and Pipette Content for your own personal and non-commercial use. Unless otherwise permitted by these Terms, you may not copy, distribute, display, transmit, perform, modify, publish or create derivative works from the Store or Pipette Content. You agree not to download, display or use any Pipette Content located on the Store for use in any publications, in public performances, for any other commercial purpose, in connection with products or services that are not those of Pipette, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Pipette and/or its licensors, that dilutes the strength of Pipette's or its licensor's property, or that otherwise infringes Pipette's or its licensors' intellectual property rights. You further agree to in no other way misuse any Pipette Content or third-party content that appears on this Store.
- PRODUCTS OR SERVICES
Prices for our products are subject to change without notice. You may not use our products for any illegal or unauthorized purpose. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy (see details below listed in the FAQs). The products available on our website, including any free samples and gifts we may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Pipette. Pipette reserves the right, with or without notice, to cancel or limit the sale of our products to any person, household, geographic region or jurisdiction or that in our sole judgment, appear to be placed by dealers, resellers or distributors. We may also withhold refunds or concessions to those individuals we believe may be engaged in reseller activity or are otherwise violating these Terms, as determined by Pipette in its sole discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may exercise these rights on a case-by-case basis.
All purchases of Pipette products in this website are made pursuant to a shipment contract, which means that the risk of loss and title for such purchased items pass to you upon our delivery to the carrier.
It is the customer’s sole and exclusive responsibility to provide the correct mailing address. Please review and confirm your shipping address is accurate and complete prior to finalizing your order. Pipette Baby will deliver your purchases to the address provided based on your exact shipping instructions.
Pipette Baby expressly disclaims all responsibility for shipments to addresses incorrectly entered at the time of checkout. Be sure to review any pre-populated addresses in your express checkout platforms as they may be connected to an incorrect address. No refunds will be provided if any part of the address is incorrect. If you discover an incorrect address after purchase, Pipette Baby recommends contacting your carrier directly once you have your tracking information to intercept, reroute or pick-up held packages.
You agree that additional terms and conditions may apply to your purchases and to your use of specific Store features, such as sweepstakes, contests, special promotions or certain services, all such terms and conditions are made a part of these Terms by this reference. You agree to abide by such other terms and conditions. In the event of any conflict between these Terms and terms for a specific feature, promotion or other service of the Store, the latter terms shall control with respect to your use of that feature, promotion or specific service.
- PRODUCT INFORMATION
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Pipette reserves the right to discontinue any product at any time. Any offer for any product or service made on this Store is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
The products offered on the Store and any related information, materials, statements and services are not intended to diagnose, treat, cure or prevent any condition or disease. Please use all products strictly in accordance with their instructions, precautions, warnings and guidelines. Pipette urges you to check each product's ingredients to avoid potential allergic reactions. Except when specifically noted, any statements offered about products have not been evaluated by the United States Food and Drug administration. The materials on this Store is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You acknowledge that any reliance on such materials will be at your own risk.
Pipette has endeavored to provide accurate information on the Store but assumes no responsibility for the information's accuracy. Occasionally there may be information on our Store that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Pipette does not warrant that the product descriptions, details, colors or other content on the Store are accurate, complete, reliable, current, or error-free and we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Store is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Store or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Store should be taken to indicate that all information in the Store has been modified or updated. We make no representations about the reliability of the features of this Store, the content, or any other Store feature, and disclaim all liability in the event of any product or service unavailability. We make no representations regarding the amount of time that any content will be preserved. The Store's reference to any goods, services, or other information offered by third-parties does not imply any endorsement or recommendation by Pipette unless specifically stated otherwise.
- AUTO REPLENISHMENT SERVICE
When offered in the Store, you have the option to subscribe to our “Auto-Replenishment Service” to obtain your selected Pipette products automatically, and with deliveries on the frequency that works best for you. If you select to subscribe to this service your active credit card will be charged the applicable amount for your selected products on a periodic, recurring basis, depending on the schedule you select, from monthly to every six months (six options available).
You agree that Pipette will not obtain any additional authorization from you for these recurring payments and product deliveries. Your subscription will be re-affirmed on each date in which your selected products are scheduled for delivery and a recurring charge in the amount of the replenished products will be automatically charged to your credit card for each shipment on the schedule you requested until you cancel your Auto-Replenishment Service subscription. The total cost for your selected products in each order date will be the cost of the products on such order date.
If any problems arise with your Auto-Replenishment Service subscription, the shipping address or payment method associated with your subscription that we are unable to resolve, we will notify you through the email address associated with your subscription and your subscription order for that delivery date may be canceled. No additional subscription orders will be shipped to you until the issue has been resolved. Even if a particular subscription order is canceled due to a problem, your subscription to the Auto-Replenishment Service will remain in effect, and we will try to process your replenishment products in the next order date based on the delivery frequency you selected.
You may modify the “next order date” for your Auto-Replenishment Service at any time up to 72 hours prior to the next scheduled order fulfillment by visiting the Manage Subscription page, keeping in mind that changing your order date will adjust the date of delivery of your future scheduled orders accordingly.
You also have the option to skip one or more product deliveries at a time (you may skip up to seven deliveries) as long as you submit the skip request at least 72 hours prior to the next order date. Your subscription will resume automatically after the skipped delivery(ies) as long as you continue registered for this Auto-Replenishment Service.
You may cancel your Auto-Replenishment Service subscription at any time by visiting the “Manage Subscription” Page and following the instructions, or by contacting Customer Service. You acknowledge and agree that if you submit your subscription cancellation within 72 hours of your next order date, the cancellation will take effect with respect to future deliveries, but the products scheduled to deliver within that 72 hours period of your cancellation date will still ship and your active credit card will be charged.
We will not refund fees paid prior to the termination date of your subscription to the service. Any returns related to the Auto-Replenishment Service are subject to our Return Policy.
The Auto-Replenishment Service and the 10 % off Replenishment discount apply only to regular-priced Products. Excludes markdowns and clearance products. The Replenishment discount applies to merchandise only, not to applicable to taxes or shipping costs.
Applicable promotions in effect at the time of registration to the Auto-Replenishment Service may apply with promotion codes for your first delivery but will not apply to future replenishment deliveries.
Free standard shipping on all Auto-Replenishment Service orders of $50+.
We reserve the right to discontinue or alter the terms of the Auto-Replenishment Service at any time without notice. All changes will apply to future orders, regardless of whether you are currently a subscriber.
- ACCOUNTS, SECURITY, PASSWORDS
Certain areas of the Store may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Store. If the Store requires you to open an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable online registration or purchase form. It is your responsibility to maintain the completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Pipette immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Store. Store is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. We reserve the right to refuse any order you place with us.
- YOUR SUBMITTED CONTENT AND FEEDBACK.
Pipette welcomes your feedback and suggestions about products, services or the Store. By transmitting or posting in the Store, or otherwise providing to Pipette, any suggestions, ideas, information, material, know-how, techniques, questions, comments or other content other than those specifically requested by us (e.g., through a contest or promotional event) (collectively, "User Communication”) to Pipette, you represent and warrant that such User Communication does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Pipette and enable Pipette to use or post such User Communication.
You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that Pipette shall be under no obligation (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; or (c) to monitor, use, return, review or respond to any User Communication. We will have no liability related to the content of any User Communication, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any User Communication that includes any material we deem inappropriate or unacceptable (see Sections 8 and 10 below).
- USER-GENERATED CONTENT RULES
If you become aware of any violation of the User Generated Content Rules herein described or other unacceptable behavior by any user, you should report such activity to Pipette by following the process in Section 10 (Copyright and Trademark Rules) and emailing: DMCA@amyris.com.
If you submit to us or post information on the Store, you are solely responsible for each User Communication that you post on the Store or transmit to Pipette or other users and agree that you will not hold Pipette responsible or liable for any User Communication from another user that you access on the Store. Moreover, Pipette, reserves the right to delete any User Communication from our Store. We assume no liability for any information removed from our Store, and reserve the right to permanently restrict access to the Store or a user account.
Categories of prohibited User Communications are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User Communications. Without limitation, you agree that You will not post or transmit to other users:
- anything that interferes with or disrupts the Store or the operation thereof,
- statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
- unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
- statements or material that violates other contractual or fiduciary rights, duties, or agreements,
- statements or material that is bigoted, hateful, or racially offensive,
- statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
- statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
- statements or material that contains obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- statements or material that harms minors,
- statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Pipette,
- statements or material that misrepresents your affiliation with any entity and/or Pipette,
- anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual,
- chain letters or pyramid schemes,
- statements or material that constitutes junk mail, spam, or unauthorized advertising, solicitation or promotional materials, and
- files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site.
- PROPRIETARY RIGHTS.
These Terms provide only a limited license to access and use the Store. Accordingly, you expressly acknowledge and agree that Pipette transfers no ownership or intellectual property interest or title in and to the Store to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products and information, as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Store, unless otherwise indicated, are owned, controlled, and licensed by Pipette and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Pipette does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Store may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Pipette does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Pipette trademarks. Pipette also owns a copyright in the contents of the Store as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Store. Any downloadable or printable programs, directories, databases, information, or materials available through the Store and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Pipette. Pipette, the Pipette trademarks and logo, and all other names, logos, and icons identifying Pipette and its products and services are proprietary trademarks of Pipette, and any use of such marks, including, without limitation, as domain names, without the express written permission of Pipette is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
- COPYRIGHT AND TRADEMARK RULES (DMCA)
Pipette is committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and we require all users of the Store to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Store in any manner that constitutes an infringement of third-party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.
Infringement Notification. If you believe that your work has been copied and posted on the Store in a way that constitutes copyright infringement, please provide our designated agent with 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;
- identification of the material that is claimed to be infringing and a description of where the material that you claim is infringing is located on the Store;
- Your address, telephone number, and, if possible, 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; and
- a statement by you, made under penalty of perjury, that the information contained in your report 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.
The foregoing information (“DMCA Notice”) should be sent to our “Designated Agent” as follows:
Attn: Legal Department
5885 Hollis Street, Suite 100
Emeryville, CA 94608 USA
Counter-Notice. If Your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and You believe that Your content is not infringing, then You may send a counter-notice (“DMCA Counter-Notice”) to our Designated Agent (contact information above) containing the following information:
- 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 e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that You will accept service of process from the person who provided notification of the alleged infringement.
If a DMCA Counter-Notice is received by our Designated Agent, Pipette may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in ten (10) to fourteen (14) business days. Unless the alleged 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 ten (10) to fourteen (14) business days or more after receipt of the DMCA Counter-Notice, at Pipette’s sole discretion.
- THIRD-PARTY LINKS
- PERSONAL INFORMATION
- MOBILE MESSAGING TERMS AND CONDITIONS
If you are based in the United States, you may opt-in to receive recurring promotional SMS messages by joining Pipette Text Alerts online or by texting PIPETTE to the shortcode to receive up to 12 messages per month.
a. Enrollment in Pipette Text Alerts requires you to provide your mobile phone number and to agree to these terms. By enrolling you agree to provide your own mobile phone number.
b. Message and data rates may apply. Depending on your text plan, you may be charged by your carrier.
c. By opting in to receive Pipette Text Alerts, you consent to receive up to 12 mobile text alerts a month using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.
d. By signing up, you are confirming that you are over the age of 18.
e. STOP Information. To opt-out, you can text STOP to the short code to stop receiving Pipette Text Alerts messages from Pipette in the future. You will receive a confirmation text.
f. HELP Information. For additional information, text HELP to the short code or contact 1-855-PIPBABY.
g. Supported carriers are: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush.
h. Pipette, its service providers and the mobile carriers supported by the Pipette Text Alerts are not liable for delayed or undelivered messages. Pipette may add or remove any wireless carrier from the Pipette Text Alerts at any time without notice. Not all mobile devices or handsets may be supported, and the Pipette Text Alerts may not be deliverable in all areas.
i. Pipette reserves the right to terminate or change our Pipette Text Alerts program at any time. If we change the terms, your continued enrollment following such changes shall constitute your acceptance of such changes.
j. The Pipette Text Alerts promotional offers are subjected to change and end at the discretion of Pipette, are nontransferable and not valid on previous purchases, sample kits, purchases of gift cards, taxes, or shipping & handling charges, unless specifically noted. Offer are valid only on this Store. Pipette in its sole discretion may refuse to redeem any promotion code or offer that it believes in good faith to be fraudulently or improperly obtained and/or that has not been redeemed by the intended recipient of the promotion code or offer. Pipette in its sole discretion reserves the right to invalidate and/or not honor promotion codes or offers that are obtained through any party other than Pipette, including, but not limited to, through third party sites. The Pipette Text Alerts cannot be used in conjunction with other promotional offers.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Store will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Store is at your sole risk. THE STORE, ANY SERVICES OFFERED, AND ALL PRODUCTS DELIVERED THROUGH THE STORE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS STORE OR ANY INFORMATION THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PIPETTE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS ("RELEASED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS STORE, NOR SHALL THE RELEASED PARTIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PIPETTE'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS STORE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless the Released Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
- ENTIRE AGREEMENT
- DISPUTE RESOLUTION (including Arbitration AGREEMENT, Class Action Waiver and Time to Initiate Action)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Initial Dispute Resolution. We are available by email at help@Pipette.com to address any concerns you may have regarding your use of the Store. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
- Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 16(a) above, then either you or we may initiate binding arbitration. Except for any disputes excluded below in Section 16(d), all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Store, products or services shall be finally settled by binding arbitration administered on a confidential basis by either the American Arbitration Association ("AAA") (adr.org, 1.800.778.7879), or in accordance with the Judicial Arbitration and Mediation Services (“JAMS”) (jamsadr.com, 1.800.352.5267) Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA's or JAMS' applicable rules.
- Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the applicable rules and procedures of the applicable arbitration entity (AAA or JAMS). The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA or JAMS (as applicable) along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA or JAMS (as applicable). We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to AAA or JAMS (as applicable). You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay AAA or JAMS (as applicable) to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law with jurisdiction over the subject matter located in San Francisco, CA.
- You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
- Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 16(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exceptions. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief (i) in a small claims court for disputes or claims within the scope of that court’s jurisdiction, and (ii) any disputes relating to intellectual property rights, obligations, or any infringement claims.
- 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 16(b) and 16(c) by sending written notice of your decision to opt-out by emailing us at email@example.com. The notice must be sent within thirty (30) days of the date you first accept the Terms by using the Store, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
- Term for Cause of Action. 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 Store or any services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 16(b) do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in San Francisco County, California (except for small claims court actions which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in San Francisco County, California for any litigation other than small claims court actions. In the event of litigation relating to these Terms, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
- GOVERNING LAW
These Terms and any separate agreements whereby we provide the Store shall be governed by and construed in accordance with the laws of California, without regard to any conflict of laws provisions. For any action where the Arbitration Agreement above permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California. These Terms operate to the fullest extent permissible by law.
- CONTACT INFORMATION
Questions about the Terms should be sent to us at help@Pipette.com.