TickleAndWoo.com is an ecommerce store that sells promotional direct mail services and products.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the order form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your username and password. You may not use a third party's account, user name or password at any time, unless you are a designated representative of a company and are accessing their account in order to conduct business on their behalf. You agree to notify Tickle & Woo immediately of any unauthorized use of your account, user name or password. Tickle & Woo shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Tickle & Woo, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.
2. Ownership. This Site and Applications are owned and operated by Tickle & Woo. All rights, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Tickle & Woo or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Tickle & Woo, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Tickle & Woo's intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Tickle & Woo does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Tickle & Woo. Any rights not expressly granted herein are reserved by Tickle & Woo.
A. Expressly for use order fulfillment, Tickle & Woo stores and maintains User Content that the User uploads or submits to Tickle & Woo (i.e. Company Imprints, Mailing Lists, Messages of Appreciation, etc.) for one year past the date of your most recent subscription expiration or the date of purchase (for products and services that are not subscription-based). Tickle & Woo shall not be responsible for storing User Content and the User expressly acknowledges they shall be solely responsible to store and maintain the User Content uploaded or submitted to Tickle & Woo.
4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than Tickle & Woo (each a "Third Party Site"). Tickle & Woo is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Tickle & Woo makes no guarantees about the content or quality of the products or services provided by such sites. Tickle & Woo is not responsible for webcasting or any other form of transmission received from any Third Party Site. Tickle & Woo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tickle & Woo of the Third Party Site, nor does it imply that Tickle & Woo sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Tickle & Woo is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling 1-888-474-0326. In the unlikely event that Tickle & Woo is unable to resolve your complaint to your satisfaction (or if Tickle & Woo has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
(a) Tickle & Woo and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
(i) 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;
(ii) claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
(iii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
(iv) claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to "Tickle & Woo," "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 products under these Terms or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Tickle & Woo are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Tickle & Woo should be addressed to Tickle & Woo, LLC, P.O. Box 441, Dalton, PA 18414 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Tickle & Woo and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Tickle & Woo may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Tickle & Woo or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Tickle & Woo is entitled.
(c) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. Unless Tickle & Woo and you agree otherwise, any arbitration hearings will take place in Lackawanna County, Pennsylvania. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Tickle & Woo. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Tickle & Woo was a party. Each party will pay their applicable AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Tickle & Woo for all monies previously disbursed by it. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(d) The arbitrator may award 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 TICKLE & WOO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. Notwithstanding the foregoing, both parties hereby waive the right to appeal any arbitration award other than an award providing injunctive relief. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and Tickle & Woo 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 proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(e) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
(f) The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.
6a. Rights and Responsibilities of Tickle & Woo
Tickle & Woo is not the publisher or author of the User Content. Tickle & Woo takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, Tickle & Woo takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us immediately.
If Tickle & Woo's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Tickle & Woo reserves the right to delete those files or to stop those processes. If Tickle & Woo's technical staff suspects a user name is being used by someone who is not authorized by the proper user, Tickle & Woo may temporarily disable that user's access in order to preserve system security. In all such cases, Tickle & Woo will contact the member as soon as is feasible.
Tickle & Woo has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Tickle & Woo reserves the right to refuse service to anyone and to cancel user access at any time.
6b. Rights and Responsibilities of Tickle & Woo Users
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post, submit, upload or transmit using any Tickle & Woo services that allow interaction or dissemination of information. In providing User Content, you agree that you will not submit any content:
(i) that is known by you to be false, inaccurate or misleading;
(ii) that infringes on anyone's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
(iii) that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
(iv) that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
(v) that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
Under United States federal law, you retain copyright on all works you create and/or post as User Content, unless you choose specifically to renounce it.
You are required to provide your real name when signing up as a user of Tickle & Woo. Tickle & Woo does not permit anonymous or pseudonymous accounts. Any user may request that such member's email address be hidden to provide for additional privacy.
7. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS, PRODUCTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TICKLE & WOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TICKLE & WOO MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, PRODUCTS OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, PRODUCTS OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, PRODUCTS OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. TICKLE & WOO SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
9. Compliance with Intellectual Property Laws. When accessing Tickle & Woo or using the Tickle & Woo services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Tickle & Woo user account.
Tickle & Woo has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Tickle & Woo or of a third party or that violate intellectual property rights generally. Tickle & Woo's policy is to remove such infringing content or materials and investigate such allegations immediately.
A. Notice. Tickle & Woo has in place certain procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company's policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. 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 the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The above written information must be sent to us at: Tickle & Woo, P.O. Box 441, Dalton, PA 18414 or sales@TickleAndWoo.com.
Counter-Notice. If you believe that your 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 post/upload and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) 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; (3) 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 (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Lackawanna County, Pennsylvania 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, the Company may 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 the Company's sole discretion.
You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product there from is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
12. Personal Use. The site is made available for your business/personal use on your own behalf.
13. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
15. Inquiries. BY USING TICKLE & WOO'S SERVICES OR ACCESSING THE TICKLE & WOO SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO TICKLE & WOO VIA THE TICKLE & WOO SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO TICKLE & WOO, AND THAT TICKLE & WOO MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).