Last Updated: January 25, 2019
These Highlights summarizes important sections of Sandviks’ Terms of Use which might be relevant to visitors to our Websites and Apps and users of our Services.
Please read our full Terms of Use below for the terms and conditions governing your use of our Services as they are a legally binding agreement affecting your legal rights and obligations.
SANDVIKS TERMS OF USE HIGHLIGHTS
Read our full Terms of Use for more information and defined terms.
You Accept These Terms.
Each time you access and/or use the Services, you agree to be bound by these Terms and any additional terms that will apply to you, prospectively.
Binding Arbitration of All Disputes; No Class Relief.
Any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.
Payments and Automatically Renewing Services.
You agree that we can use your billing information as long as you have an account with us based on the offer you accepted and subject to these Terms and our Privacy Policy.
Privacy.
Please see how we collect, use, and share your information as outlined in our Privacy Policy.
Disclaimer of Warranties.
We disclaim warranties and provide the Services “As Is.”
Limitation of Liability.
Our liability is limited.
Updates to this Privacy Policy.
Changes to these Terms of Use will be posted with a new “Last Updated” date.
Contact.
Questions about our Terms may be sent to CustomerCare@EarlyMoments.com. or as otherwise set forth in the Contact Us Section 11 of these Terms.
Last Updated: January 25, 2019
SANDVIKS TERMS OF USE
Sandviks Inc. (“Sandviks, “we”, ‘us” and “ours”) has created these Terms of Use (“Terms”) to govern the use of its owned or controlled websites, including, www.MineChest.com, www.EarlyMoments.com, www.Bluum.com and www.HookedOnPhonics.com, or others that link to these Terms (collectively, “Websites”) and our mobile Applications Hooked On Phonics Learn to Read and Early Moments (“Apps”). All services, provided by us through or in connection with the Websites or Apps, or through other interactions with us, is collectively referred to as our “Services.”
Please read these Terms carefully. It is a legal document that explains your rights and obligations related to your use of our Services.
1. ABOUT SANDVIKS
Sandviks provides subscription-based content and book series programs as well as mobile Apps for various content driven instruction.
2. ACCEPTANCE OF TERMS OF USE
Binding Terms. Binding Terms. Your use of the Services is subject to these Terms; each time that you access or use the Services, you signify that you have read, understand, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated herein by reference. If you do not agree to any provisions of these Terms, you must discontinue using the Services.
Eligibility. You represent and warrant that you are at least 18 years old or the age of majority in the state in which you reside, you have the right, capacity and authority to be bound by these Terms, and you agree to be bound by these Terms when accessing or using our Services.
Updates to Terms. Sandviks reserves the right to update or otherwise change these Terms at any time by posting on the Websites or Apps the most current version of the Terms with a new “Last Updated” date shown. All changes are effective from that Last Updated date and your continued use of the Services after that date signifies your agreement to any such changes. Note that special terms, conditions, or rules may apply to some Services, such as rules for particular promotions, applications, or other features or activities. Any such terms are in addition to these Terms. In the event of any conflict or inconsistency between these Terms and any rules, restrictions, limitations, terms, or conditions that may be provided through the Services or otherwise communicated to you, we will determine, in our sole discretion, the order in which those items will control. If you are dissatisfied with any changes made pursuant to this provision or any policies or practices of Sandviks in providing the Services, your sole remedy is to stop using our Services.
Electronic Communications. By accessing or using the Services, you consent to having these Terms provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
Non-Electronic Copy. You have the right to receive this Agreement in non-electronic form. To receive a non-electronic copy of these Terms, please email us at CustomerCare@EarlyMoments.com or send a letter and self-addressed stamped envelope to the address set forth in the Contact Us Section 11 of these Terms.
3. BILLING/CONTACT INFORMATION
Billing Information. When you provide payment information (“Billing Information”) to Sandviks or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you (“Payment Method”), and you authorize Sandviks to charge such Payment Method for the full amount of the transaction. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If Sandviks does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method, we may re-present such un-cleared or rejected payment, or any lessor amount thereof, to your Payment Method Provider. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys’ and collection agency fees. Sandviks reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third-party sources. In the event Sandviks cannot charge the Payment Method you provide, we reserve the right to terminate your order and invoice you for any unpaid amounts.
Cancelation Rights. REGARDLESS OF THE TERMS OF THE OFFER YOU ACCEPT, YOU CAN CANCEL ANY MEMBERSHIP AT ANY TIME TO AVOID FUTURE CHARGES, OR TO RECEIVE A PRO RATA REFUND FOR AN ANNUAL MEMBERSHIP. YOU WILL RECEIVE A FULL REFUND FOR AN ANNUAL MEMBERSHIP IF YOU CANCEL WITHIN THE FIRST THREE DAYS AFTER YOU ACCEPT THE OFFER BY CONTACTING US AS SET FORTH IN SECTION 11 HEREIN.
Termination or Billing Related Inquiries. To terminate any Services or change your Payment Method or for any other billing related inquiries, please contact customer service at 1-866-984-0188 or contact us as set forth in Contact Us Section 11 of these Terms.
Current Billing Information Required. You must promptly notify Sandviks if your Payment Method is canceled (e.g., for loss or theft). If you fail to notify us, you remain responsible for any continued charges to the Payment Method you provided.
Accurate Information. For purposes of identification and billing, you agree to provide Sandviks with accurate, complete, and updated Billing Information required when purchasing online or offline, and provide Sandviks and its third party payment processor express authorization to charge the fee you accepted at the time of purchase. Failure to comply with this provision (including, without limitation, falsification of any Billing Information) may, at Sandviks’ option, result in immediate suspension or termination of your right to use the Services.
Change in Fees for Recurring Charges. Sandviks reserves the right to change the fees for its merchandise and Services and will provide notice of any increase prior to your being charged.
Free or Introductory Promotional Offer. If you enrolled for any of our Services under a special introductory offer (for example, a discounted or free initial trial or free merchandise), you are subject to the terms of the offer you accepted and, unless you cancel within the time frame presented in the offer, the applicable regular fee for the Services you selected will be posted to your Payment Method after the introductory offer or trial period is completed. We reserve the right to limit any introductory or trial offer to one per person/household.
Contacting You. When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable law. Please keep your contact information up to date as you are solely responsible for any contact information you provide to us.
4. USE OF THE SERVICES
Rules of Conduct. In connection with your use of the Services, you will not (i) use the Services other than as permitted in these Terms and only for your personal use; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Websites, Apps, Content (as hereinafter defined), or other Services; (iii) upload or input to the Services any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services, any computer software or hardware or telecommunications equipment; (iv) reverse engineer, decompile, reverse assemble, decode, modify or attempt to discover any source code or generate its content or any software or other products or processes accessible through the Services; (v) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Services, monitor traffic on the Services, obtain or accumulate personal information about other users, or collect or store personal data about other users; (vi) copy or adapt the object code of any Websites’ or Apps’ software, HTML, JavaScript or other code; (vii) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Websites, Apps or other Services; (viii) use the Services in any manner that in our sole judgment, adversely affects the performance or function of the Services or interferes with the ability of other users to access or utilize the Services or undertake any acts not expressly permitted under the Terms; (ix) develop a product which is competitive with any of Sandviks’ products or services; (x) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Websites, Apps or Content; (xi) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Apps, or any features or functionality of the Apps, to any third party for any reason, including by making the Apps available on a network where it is capable of being accessed by more than one mobile device at any time; (xii) exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage or (xiii) undertake to use the Services in violation of any applicable law, regulation or generally accepted practices or guidelines (“Applicable Law”) or take any action which would cause us to be in violation of any Applicable Law.
Ordering Online. Products available on our Websites or Apps are subject to availability when you order. Images on our Websites or Apps may not accurately capture the actual Appearance or quantity of what is available for purchase.
No Binding Offer. Nothing on the Services constitutes a binding offer to sell, distribute or give away any products or services. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. Any prices displayed on the Services are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event the products and services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. If your order is canceled by us after you have been charged, we will issue a credit. We reserve the right at any time to limit the quantities of products or services, which you, your family or any group seek.
Monitoring. Sandviks reserves the right to monitor all network traffic to the Services. Sandviks may block unauthorized attempts or intrusions to upload or change information or cause damage to Services in any fashion. Anyone using the Services expressly consents to such monitoring.
Termination. Sandviks may terminate your access to Services immediately or disable any user name, password or other identifier, whether chosen by you or provided by Sandviks, at any time without notice, if, in Sandviks’ sole opinion, you have violated any provision of these Terms. without notice if, in our sole discretion, you fail to comply with any of these Terms. Upon Termination you must cease all use of the Services. Termination will not limit any of Sandviks’ rights or remedies at law or in equity.
Security. If you use our Services you are responsible for restricting access to your computer and ensuring that your computer and mobile device are free from all types of malicious content, including content that may track any data you enter via the Services, including email address, credit card number, and other payment-related information. Your login ID email address (or other unique identifier needed to create an account) and password, together with any mobile number or other contact information you provide, form your “Account Information.” You understand and agree that you are responsible for maintaining the confidentiality and security of your password and other Account Information, and that you are solely responsible for all activities that occur on or through your account. You further agree to notify Sandviks immediately of any unauthorized access to or use of your Account Information or any other security breach by calling Customer Care at 1-888-984-0188 or at the email address CustomerCare@EarlyMoments.com.
Third-Party Links. The Services may contain links to other websites or applications. These websites and applications are not under the control of Sandviks, and the existence of a link from the Services does not imply any endorsement of the linked websites or applications by Sandviks or any affiliation between Sandviks and the owners of the linked websites or applications. Sandviks makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites or applications. You agree that Sandviks has no responsibility to you with respect to such material. Sandviks encourages you to examine the privacy policies and terms of use of any third-party websites or applications.
Data Collection Policy. No party unaffiliated with Sandviks may collect or use, or direct, authorize or assist other persons or entities to collect or use any data from a user, or a computer or device operated by a user, while accessing our Services without our prior express written permission.
Modification to Services. Sandviks has the right to modify its Services (and products and services accessible through its Services) at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Sandviks in providing its Services is to cancel your account and/or stop using our Services.
Feedback. All comments or materials submitted to us, including testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. If you provide Sandviks with any Feedback, you hereby grant Sandviks a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Sandviks is not required to make any use of any Feedback that you provide. You agree that if Sandviks makes use of your Feedback, Sandviks is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to Sandviks to grant Sandviks and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.
Injunctive Relief. You expressly acknowledge and agree that there may be no adequate remedy at law for a breach of this Section, that such a breach may irreparably harm Sandviks and Sandviks is entitled, without limiting any of its other remedies at law or equity, to seek injunctive relief (temporary and permanent) from any court of competent jurisdiction immediately upon request and without the need to post a bond or security, with respect to any such breach or potential breach of these Terms.
5. PROPRIETARY RIGHTS
Ownership of Content and Marks. The Services, and all content published on or accessible through the Services (‘Content”), is owned by Sandviks, its affiliates or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Sandviks owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Websites and the Apps. All trademarks, logos, service marks, trade names, and trade dress appearing on the Content and Services (“Marks”), are proprietary to Sandviks, its affiliates, or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Services. You may not frame or utilize framing techniques to enclose any Mark or Content (including images, text, page layout, or form) nor use any Meta tags or any other “hidden text” utilizing Sandviks’, its affiliates’, or its licensors’ name or Marks without the prior express written consent of Sandviks. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any Services or any of the Marks or Content, in whole or in part, without the prior written consent or Sandviks.
Our Limited License to You. You acknowledge and agree that the Services and Content are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services or Content under these Terms, or any other rights thereto other than to use the Services and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. Sandviks grants you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable, and non-transferable license to access (but not through scraping, spidering, crawling or other technology or software used to access data) and display the Content (excluding any software code) solely for your personal use in connection with accessing and using the Services as reasonably necessary to use them for their intended purpose. You may not insert any code or product to manipulate the Content or Websites or Apps in any way that affects any user’s experience. Sandviks and its licensors reserve all rights not expressly granted in and to its respective Services, Marks and Content. You may not use the Services, Marks or Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Services. You may, however, from time to time, download copies of individual pages from the Services for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
6. MOBILE APPLICATION TERMS
License Grant. Subject to these Terms and as permitted by the Usage Rules set forth in the Terms of Service for the Apple iOS Apps Store or on the Google Android platform, Sandviks grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Apps for your personal, non-commercial use on a personal mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Apps’ documentation, to access, stream, download, and use on such Mobile Device the Services that may be made available in or otherwise accessible through the Apps, strictly in accordance these Terms.
Account. You hereby authorize and permit Sandviks [and Apps developer?] to use and store information submitted by you to the Apps (such as account passwords and user names) to maintain your account and to configure the Apps so that it is compatible with Sandviks’ needs for which you submit your information. Sandviks cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Sandviks cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings in the Apps.
Apps Updates. Sandviks may from time to time in its sole discretion develop and provide Apps updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Sandviks has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (1) the Apps will automatically download and install all available Updates; or (2) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Apps or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Apps and be subject to these Terms.
Termination. Sandviks may terminate your access to the Apps immediately without notice if Sandviks in its sole discretion (i) ceases to support the Apps; (ii) determines it has lost or will lose any licenses to software or materials used as a part of the Apps; or (iii) you fail to comply with any of these Terms. You may terminate the Apps by deleting the Apps and all copies thereof from your Mobile Device. Upon Termination for any reason you must cease use of the Apps.
U.S. Export Controls. The Apps may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Apps to, or make the Apps accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Apps available outside the US. Software from the Apps (“Software”) is subject to United States export controls. No Software may be downloaded from the Apps or otherwise exported or re-exported (i) into (or to a national or resident of) any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
7. GENERAL
No Third-Party Beneficiaries. These Terms are intended solely for the benefit of each party hereto and their respective successors and permitted assigns, and the parties do not intend to confer third-party beneficiary rights upon any other person.
Geographic Restrictions. The Services are provided for access and use only by persons located in the United States of America (“Territory”). Sandviks makes no representations that the Services are appropriate for use from locations outside the Territory or compliant with laws outside the Territory. You acknowledge that you may not be able to access all or some of the Services outside of the Territory and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the Territory, you are responsible for compliance with local laws.
Communications from Sandviks. You may receive online communications from our marketing partners or from us. To unsubscribe from any promotional email, click on the “Unsubscribe” link at the bottom of the email. To see how we use your personal information and for other choices go to our Privacy Policy at https://minechest.com/privacypolicy.
Idea Submissions. Sandviks does not accept unauthorized idea submissions. Any ideas disclosed to Sandviks are not confidential and Sandviks may develop, use and freely disclose or publish similar ideas without compensating you or accounting to you.
Survival. If these Terms expire or are terminated for any reason, the provisions which by their nature should continue after termination including Proprietary Rights, Legal Notices, Arbitration/Dispute Resolution and General shall survive any such expiration or termination.
Severability. If any provision of these Terms is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there are not third party beneficiaries to these Terms.
Miscellaneous. These Terms, and policies incorporated herein, are the entire agreement between you and Sandviks. They supersede any and all prior or contemporaneous agreements between you and Sandviks relating to your use of the Services. You may not assign your rights under your account or this agreement to any third party without Sandviks’ prior written permission. Sandviks may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Sandviks to partially or fully exercise any rights or the waiver of Sandviks of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Sandviks or be deemed a waiver by Sandviks of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Sandviks under these Terms and any other applicable agreement between you and Sandviks shall be cumulative, and the exercise of any such right or remedy shall not limit Sandviks’ right to exercise any other right or remedy.
8. LEGAL NOTICES
Limitation of Warranty. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SERVICES BY SANDVIKS AND/OR ANY THIRD-PARTY WEBSITES/APPLICATIONS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT: 1) THAT THE WEBSITES, APPS OR OTHER SERVICES OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE; 2) THAT DEFECTS WILL BE CORRECTED; 3) OR THAT ANY PART OF THE WEBSITES, APPS OR OTHER SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR CONTENT CONTAINED THEREIN OR THIRD-PARTY WEBSITES OR APPLICATIONS WITH REGARD TO THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE.
Limitation of Liability. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OR OUR AGENTS AND THIRD-PARTY SUPPLIERS BE LIABLE FOR ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED FIFTY ($50) DOLLARS OR, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION THAT RESULT FROM LOSS OF PROFITS, DATA OR OTHER INTANGIBLES, THE USE OR THE INABILITY TO USE THE SERVICES OR FROM TRANSACTIONS ENTERED INTO WITH SANDVIKS OR THIRD PARTY SERVICE PROVIDERS ASSESSIBLE THROUGH THE WEBSITES, APPS OR OTHER SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AGENTS AND THIRD-PARTY SUPPLIERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN US AND YOUR USE OF THE SERVICES. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICES YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
Indemnification. You agree at all times to defend, indemnify and hold harmless Sandviks, its affiliates, their successors, transferees, assignees and licensees, and their respective parent and affiliated companies, agents, associates, officers, directors, shareholders and employees of each, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) your use or misuse of the Services; (ii) your violation of these Terms; (iii) negligent acts or omissions; (iv) any Feedback you submit to us; and/or (v) damage to property.
CALIFORNIA RESIDENTS: If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “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.”
Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING OR ACCESSING THE SERVICES IS AT YOUR SOLE RISK.
9. ARBITRATION / DISPUTE RESOLUTION
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut without application of conflict of laws rules, except that the Arbitration provisions shall be governed by the Federal Arbitration Act.
Resolution of Any Dispute. In the event a dispute arises between you and Sandviks (“Dispute”), we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer care department or calling 1-866-984-0188 or writing us at Sandviks, Inc. 83 Wooster Heights Road, Danbury, CT 06810. If, however, the Dispute cannot be resolved by the personnel directly involved, the parties shall first attempt in good faith to resolve the Dispute promptly by negotiation between duly appointed executive officers or other representatives of such parties, with full authority to negotiate and settle the Dispute. If a Dispute has not been resolved by negotiations within 90 days as provided hereinabove, such Dispute shall be submitted to JAMS, or its successor (collectively, “JAMS”), for mediation as provided hereinbelow. Any party involved in the Dispute may commence mediation by providing to JAMS and each other party involved in the Dispute a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties; provided, however, that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. None of the parties may commence arbitration or a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 30 business days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of arbitration or a civil action, if the parties so desire.
Limitation of Legal Remedies. If there is a dispute that remains unresolved, INSTEAD OF SUING IN COURT, YOU AND SANDVIKS EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES, ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO SANDVIKS’S INTELLECTUAL PROPERTY RIGHTS; AND STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE. This agreement to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claim(s)”). The arbitrator’s decision and award are final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Jury Trial Waiver. YOU AND SANDVIKS EACH VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SERVICES.
Class Action Waiver. YOU AND SANDVIKS EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All arbitrations under these Terms must be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person (“Class Action Waiver”).
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought (a “Notice”). All Notices to Sandviks must be sent to the following address: Sandviks, Inc. 83 Wooster Heights Road, Danbury, CT 06810. All notices to you will be sent to the email or street address provided in your account, if available. Upon receipt of such Notice, the receiving party will have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim, providing all the relief requested in the Notice, or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such 60-day cure period, you or Sandviks may commence an arbitration proceeding. Unless otherwise agreed to by you and Sandviks in writing, the arbitration will be governed and conducted by JAMS before a single arbitrator with substantial experience in the internet industry and shall follow substantive law in adjudicating the dispute. This section shall be construed as a written agreement to arbitrate pursuant to the Federal Arbitration Act (“FAA”). You and Sandviks agree that this section satisfies the writing requirement of the FAA. The arbitration of any claim will be conducted in the State of Connecticut, and for any non-frivolous claim that does not exceed $5,000.00, you shall have the choice as to whether the hearing is conducted in person or by telephone. Each party will pay the fees and costs of its own counsel, experts and witnesses. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this dispute resolution section conflicts with JAMS minimum standards for procedural fairness, the JAMS rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.
Exception to Arbitration. There are only two exceptions to this arbitration agreement: (1) Either of us may take claims to small claims court if they qualify for hearing by such a court, so long as the matter remains in that court and advances only on an individual (non-class, non-representative) basis; and (2) if a party reasonably believes that the other party has threatened to infringe the intellectual property rights of the other party the owner of the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction located in the State of Connecticut.
Survival. This arbitration provision shall survive termination of these Terms.
Severability. If any provision of this Section is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply.
11. CONTACT US
Please email us at CustomerCare@EarlyMoments.com or contact customer service at 1-866-984-0188 or write to us at: 83 Wooster Heights Road, Danbury, CT 06810 if you have any questions about these Terms.
When contacting us, please include your full name, address, phone number, and email address, and indicate the specific nature of your request.