By accessing, browsing, or using this site, you acknowledge that you have read, understood, accepted, and agreed to these terms without limitation or qualification. If you do not accept these Terms or you do not meet or comply with their provisions, you may not use the Sites.
The Site is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Site. We make no representation that the information, opinions, advice or other content on the Site is appropriate or that its products and services are available outside of the United States. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.
The Site may allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content.
When you upload, submit, store, send, or receive User Content to or through the Site and related services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Site, and to develop new services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site.
You promise that:
a) you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
b) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site for any reason.
You must be at least 13 years old to use the Site. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Site with permission from your parent or legal guardian.
You are granted a limited, nonexclusive right to create a “hypertext” link to the Site provided that such link is to the entry or home page of this Site and does not portray us or any of our services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by us at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Marks or other proprietary information including the Content or User Content found at or on the Site, the content of any text or the layout/design of any page of the Site or any form contained on a page of the Site without our express prior written consent in each instance. In addition, you may not use any meta-tags or any other “hidden text” utilizing our company name, Marks, or product or service name without express written consent from us in each instance.
We grant you a personal, limited, non-exclusive, nontransferable license to access and make personal use of the Site and Content and other information contained on the Site. This license does not include any resale or commercial use of the Site; any collection and commercial use of any of Content; any non-personal use of our product or service names, listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site or Content for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the Site only as permitted by law. All rights not expressly granted to you in these Terms are reserved and retained by us and/or our suppliers and licensors. The licenses granted by us to you automatically terminate if you do not comply with these Terms.
You are responsible for your use of the Site, and for any use of the Site made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you may not:
a) violate any law or regulation;
b) violate, infringe, or misappropriate others’ intellectual property, privacy, publicity, or other legal rights;
c) post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
d) send unsolicited or unauthorized advertising or commercial communications, such as spam;
e) engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site;
f) transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
g) stalk, harass, or harm another individual;
h) impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
i) use any means to scrape or crawl any Web pages contained in the Site;
j) attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site;
k) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site;
l) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content and/or User Content or enforce limitations on use of the Site or any such content therein or
m) advocate, encourage, or assist any third party in doing any of the foregoing.
firstname.lastname@example.org. Don’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored. To report other forms of infringement on the Services, please use the tool accessible here. If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
Snap Foundation honors copyright laws, including the Digital Millennium Copyright Act and takes reasonable steps to expeditiously remove from our Sites any infringing material that we become aware of. If you believe that anything on the Sites infringes a copyright that you own or control, please file a notice with our designated agent:
contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
identify the copyrighted work claimed to have been infringed;
identify 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 let us locate the material;
provide your contact information, including your address, telephone number, and an email address;
provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
provide 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 copyright owner.
THE SITE AND OUR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS SITE THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT WE AND OUR OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF THE SITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE, HOWEVER CAUSED, AND UNDER WHATEVER CLAIM, CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED ANY AMOUNT YOU HAVE ACTUALLY PAID US DURING THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY OR OMISSION GIVING RISE TO SUCH CLAIM, CAUSE OF ACTION OR THEORY OF LIABILITY, OR ONE HUNDRED UNITED STATES DOLLARS (USD $100), WHICHEVER IS GREATER.
You understand and agree that we have entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
The Sites may contain references or cross references to products, opportunities, and services that are not available in every location.
From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product or service descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase or service after pricing or other information has been corrected, please contact us right away and we will work with you to cancel your service or return your order.
We reserve the right to not provide the Site to any person. We also reserve the right to terminate any user’s right to access the Site at any time, at our discretion. If you violate any of these Terms, your permission to use the Site automatically terminates.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND SNAP FOUNDATION AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.
Applicability of Arbitration Agreement. In this Section 16 (the “Arbitration Agreement”), you and Snap Foundation agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services or any communications between you and Snap Foundation that are not brought in small claims court will be resolved by binding arbitration on an individual basis, except that you and Snap Foundation are not required to arbitrate any: (i) disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action, (ii) disputes or claims where the only relief sought is injunctive relief, and (iii) disputes in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, patents or other intellectual property rights. To be clear: the phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms. In addition, all disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
Informal Dispute Resolution First. We want to address any disputes without needing arbitration. If you have a dispute with Snap Foundation that is subject to arbitration, then prior to initiating arbitration, you agree to mail an individualized request (“Pre-Arbitration Demand”) to Snap Foundation, ATTN: Litigation Department, 3000 31st Street, Santa Monica, CA 90405 so that we can work together to resolve the dispute. A Pre-Arbitration Demand is valid only if it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all. The Pre-Arbitration Demand must include: (i) your name, telephone number, email address and mailing address or the name, telephone number, mailing address and email address of your counsel, if any, (ii) a description of your dispute, and (ii) your signature. Likewise, if Snap Foundation has a dispute with you, Snap Foundation will send an email or mail with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address or mailing address we have on file for you. If the dispute is not resolved within sixty (60) days of the date that you or Snap Foundation send your Pre-Arbitration Demand, arbitration may then be filed. You agree that compliance with this subsection is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or ADR Services’ Rules, the party against whom an arbitration has been filed has the right to seek a judicial declaration in court regarding whether the arbitration should be dismissed for failure to comply with the informal dispute resolution process set forth in this subsection.
Arbitration Rules. The Federal Arbitration Act, including its procedural provisions, governs the interpretation and enforcement of this dispute-resolution provision, and not state law. If, after completing the informal dispute resolution process described above, you or Snap Foundation wishes to initiate arbitration, the arbitration will be conducted by ADR Services, Inc. (“ADR Services”) (https://www.adrservices.com/). If ADR Services is not available to arbitrate, the arbitration will be conducted by National Arbitration and Mediation (“NAM) (https://www.namadr.com/). The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Fees. If Snap Foundation is the party initiating an arbitration against you, Snap Foundation will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration against Snap Foundation, you will be responsible for the nonrefundable Initial Filing Fee. If, however, the amount of the Initial Filing Fee is more than you would have to pay to file a Complaint in the United States District Court for the Central District of California (or, for cases where that court would lack original jurisdiction, the California Superior Court, County of Los Angeles), Snap Foundation will pay the difference between the Initial Filing Fee and the amount you would have to pay to file a Complaint in Court. Snap Foundation will pay both parties’ Administrative Fee. Otherwise, ADR Services sets forth fees for its services, which are available at https://www.adrservices.com/rate-fee-schedule/ for which each party is separately responsible for its allocated portion.
Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Snap Foundation. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Snap Foundation.
Settlement Offers and Offers of Judgement. At least ten (10) calendar days before the date set for the arbitration hearing, you or Snap Foundation may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitral forum) from the time of the offer.
Waiver of Jury Trial. YOU AND SNAP FOUNDATION WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Snap Foundation are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Snap Foundation over whether to vacate or enforce an arbitration award, YOU AND SNAP FOUNDATION WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. This subsection does not prevent you or Snap Foundation from participating in a class-wide settlement of claims. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or ADR Services’ Rules, disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IN SUCH CIRCUMSTANCES, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION THAT IS PERMITTED TO PROCEED MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.
Right to Waive. Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
Opt-out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Snap Foundation can force the other to arbitrate. To opt out, you must notify Snap Foundation in writing no later than 30 days after first becoming subject to this Arbitration Agreement; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. Your notice must include your name, address, email address and telephone number, and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must either mail your opt-out notice to this address Snap Foundation, ATTN: Opt-Out Notice, 3000 31st Street, Santa Monica, CA 90405 or email to email@example.com.
Small Claims Court. Notwithstanding the foregoing, either you or Snap Foundation may bring an individual action in small claims court.
Arbitration Agreement Survival. This Arbitration Agreement will survive the termination of your relationship with Snap Foundation, including any revocation of consent or other action by you to end your participation in the Service or any communication with Snap Foundation.
Regardless of any statute or law to the contrary, all Claims must be filed within one (1) year after such Claim arose, or else that Claim will be barred forever.
To the extent that these Terms allow you or Snap Foundation to initiate litigation in a court, both you and Snap Foundation agree that, except for a claim that may be brought in small claims court, all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Snap Foundation consent to the personal jurisdiction of both courts.
Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be removed from these Terms and not affect the validity and enforceability of any remaining provisions.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
These Terms make up the entire agreement between you and Snap Foundation, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver of our rights to enforce these Terms. We reserve the right to transfer our rights under these Terms and provide the Services using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you. Where we have provided summary sections in these Terms, these summaries have been included for your convenience only and you should read these Terms in full to understand your legal rights and obligations.
Effective Date: January 18, 2024
Terms Last Updated: January 18, 2024