TERMS OF SERVICE
Welcome to iggyboo.com! Please read these terms of service ("Terms of Service") carefully. They apply to your use of the iggyboo.com (“iggyboo.com”) website at iggyboo.com (the "Site") and the related goods and services offered by iggyboo.com through the Site. We will refer to the Site and related goods and services offered through the Site as the "Services."
1. Introduction
The Terms of Service set forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by the Terms of Service and our Privacy Policy [https://www.iggyboo.com/privacypolicy] (together, the “Agreement”). If you are accepting the Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to the terms set forth herein. If you do not have such authority or do not agree to be bound by the Terms of Service, you may not access or use the Services. You must indicate your acceptance of the Terms of Service and Privacy Policy when you create an account, join our mailing list, and/or purchase a product from us.
THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. PLEASE NOTE THAT SECTION 10 OF THE TERMS OF SERVICE INCLUDES AN ARBITRATION AGREEMENT. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND IGGYBOO.COM AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION.
iggyboo.com may, in its sole discretion, modify or revise the Terms of Service at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to the Terms of Service, you should periodically review the most up-to-date version, which will always be posted at iggyboo.com. Your continued use of the Services constitutes your acceptance of such changes.
2. Eligibility and Account Creation
2.1 Services Eligibility. To accept the Terms of Services, you affirm that you are either at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service. Minors between the ages of 13 and 18 who have not been emancipated may only use the Services with the involvement and consent of a parent or guardian.
2.2 Your Account. If you access certain features of the Services, you may have the option to create an account (“Account”). When creating your Account, you must provide and maintain accurate and complete information and you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and keeping your password secure. You agree not to use the account, username, or password of another account holder at any time or to disclose your password to any third party. You may never create an account using a false identity or information, on behalf of someone other than yourself, or use another person's account without permission. iggyboo.com may refuse to open an Account for any reason, in its sole discretion.
You agree to notify iggyboo.com immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. You are solely responsible for any and all use of your Account. iggyboo.com will not be liable for your losses caused by any unauthorized use of your Account.
These Terms of Service shall remain in full force and effect while you use the Services, have an Account, and even after your Account is terminated. You may terminate your Account at any time, for any reason, by emailing contact@iggyboo.com.
iggyboo.com may terminate your Account or your access to Services at any time, without warning and in its sole discretion, if you breach these Terms of Service, or otherwise.
3. Online Store Terms
3.1 Orders. You agree that your order is an offer to buy all products and services listed in your order. All orders placed with iggyboo.com are subject to its acceptance. This means that iggyboo.com may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled by iggyboo.com, iggyboo.com will issue you a refund.
3.2 Products. Certain products may be available exclusively online through the Site. These products or services may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right at any time to modify or discontinue any of our products, any part of the Site, or the Site as a whole without notice at any time. Any offer for any product made on this Site is void where prohibited.
Certain products may be subject to separate terms and conditions that accompany the applicable product offering. You are responsible for ascertaining and obeying all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product purchased via this Site. By placing an order, you represent that products ordered will be used only in a lawful manner.
3.3 Prices and Payment Terms. Prices posted on the Site may be different than prices offered by us or our business partners at other locations. All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or Services.
We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
3.4 Shipping & Delivery. When necessary, we will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
You will receive a shipping confirmation email once your order is being processed. Once you have received this email please allow 24-48 hours for your tracking number to update. If for any reason your tracking number does not show an update for more than 3 to 4 business days, send us an email at contact@iggyboo.com referencing your order number.
Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
3.5 Returns & Refunds. All custom engraved products are final sale. If you order a custom engraved product, you understand and agree that the item is unique to you and is not eligible for cancellation, exchange, return, or refund. If there is an error in your custom order, please email us at contact@iggyboo.com with a description of the issue, a photo of the product depicting the error, and a photo of your packing slip. Once we have this information, we will see what occurred and work with you on a swift solution.
For non-custom orders, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned in their original (new) condition. To return products, please email us at contact@iggyboo.com. You are responsible for all shipping and handling charges on returned items and you bear the risk of loss during shipment. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
4. Classes, Workshops, and Conversation Services
4.1 Health and Safety Disclaimers and Warnings. Through the Services, iggyboo.com may provide access to classes, workshops, sessions, conversations, activities, and/or other online or mobile content related to health, wellness, and self-care. Any such activities or content on or accessible via the Services, whether provided by iggyboo.com or by contract from outside providers, is provided simply for your convenience. Any activities, advice or other content offered or accessible via the Services are intended for general information purposes only.
You understand and agree that iggyboo.com is not a medical or mental healthcare provider, and that the Services and any other information or activities you access or learn from iggyboo.com are not intended, designed, or implied to be medical advice, to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical or mental healthcare. Any activities, information, and other content iggyboo.com makes available through the Services are intended to support the relationship between you and your healthcare providers and not replace it. Not all activities described on the Services are suitable for everyone. You understand and agree that you are solely responsible for your use of the Services.
You acknowledge and agree that, unless otherwise expressly indicated, the instructors or leaders of the classes, workshops, sessions, conversations, and other activities on or accessed via the Services are neither employees nor agents nor representatives of iggyboo.com, and iggyboo.com assumes no responsibility for any act or omission of any such instructors or leaders. You further acknowledge and agree that, to the extent any such instructor or leader is a medical or mental healthcare professional, iggyboo.com cannot predict or assess the competence of, or appropriateness for your needs, of the professional. You understand and agree that you are solely responsible for your decision to access any instructor or leader, including without limitation any medical or mental healthcare professional, through the Services. iggyboo.com does not endorse or recommend any individual or entity (including without limitation any instructor, leader, or professional) accessible via the Services, makes no representations or warranties with respect to the validity, accuracy, or availability of any content or advice provided by any such individual or entity, and will not be liable for any damages you may incur due to your reliance upon any content or advice provided by any such individual or entity.
You acknowledge and agree that certain of the classes, workshops, sessions, conversations, and other activities on or accessed via the Services may involve physical exercise, and that physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by an instructor or leader via the Services, is a strenuous activity. By using the Services, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, workshops, sessions, conversations, and other activities on or accessed via the Services, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors or leaders may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against iggyboo.com, or any person or entity involved with iggyboo.com including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
YOU SHOULD CONSULT YOUR MEDICAL OR MENTAL HEALTHCARE PROVIDER BEFORE UNDERTAKING A NEW ACTIVITY RELATED TO HEALTH, WELLNESS, OR FITNESS, INCLUDING WITHOUT LIMITATION ANY ACTIVITY ON OR ACCESSIBLE VIA THE SERVICES.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.
4.2 Community Guidelines. By joining and participating in any classes, workshops, sessions, conversations, and/or activities accessible via the Services, you agree to adhere to the following guidelines in addition to these Terms of Service and iggyboo.com's Privacy Policy:
Do not publish your personal information or the personal information of anyone else in a public community. Please use direct messaging when personal information must be shared. Do not record or take screenshots of or from any content or activity accessible via the Services and/or post them anywhere without explicit consent from the owner of the content (e.g., the instructor or leader). Do not share private conversations between users that were had with the expectation of remaining private.
Threatening language, harassment, violence, racism, bullying, attacks on or intimidation of any party, malicious speech regarding topics of sexual orientation, gender identity, age, ethnic origin or race, religion, disability, size; sexist or inappropriately sexual comments or behavior; or hate speech will not be tolerated. Discrimination against people based on race, ethnic origin, religion, disability, gender identity, age, veteran status, sexual orientation, or any other characteristics will not be tolerated.
If you see or become aware of any content or behavior that violates iggyboo.com's community guidelines, please contact us at contact@iggyboo.com. If you believe any content or activity violates your intellectual property rights, please provide us with written notice in accordance of Section 6 of these Terms of Service.
iggyboo.com reserves the right to block or restrict access or use of the Services to any user who fails to comply with or violates, in its sole discretion, these community guidelines.
4.3 Media Waiver. iggyboo.com may record classes, workshops, sessions, conversations and/or activities accessible via the Services to monitor for quality and training purposes. iggyboo.com may also use photos and videos from recorded Services to use in promotional materials such as but not limited to social media posts, email, advertising, YouTube, etc.
5. Rights and Restrictions
iggyboo.com hereby grants you permission to access and use the Site as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the Site, without its prior written authorization, and you agree not to alter, modify, copy, or reverse engineer any part of the Site. iggyboo.com reserves the right to discontinue any aspect of the Site at any time.
The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks, trade names, trade dress, and logos contained therein, are owned by or licensed to iggyboo.com and subject to copyright and other intellectual property rights under the law. Content on the Site is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of iggyboo.com and any other respective owners. iggyboo.com reserves all rights not expressly granted in and to the Site and the Content.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You also agree that the Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of iggyboo.com. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
You agree to not access or use for any commercial purposes any part of the Site, the Services or any product available or obtained through the Site or Services other than as expressly permitted by these Terms of Service. You also may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to intellectual property laws).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, materials or any other content or information provided by you to iggyboo.com are non-confidential and shall become the sole property of iggyboo.com. iggyboo.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
6. Third-Party Intellectual Property Infringement
Relationship of parties: Nothing in this agreement creates an agency, franchise, partnership, sales representative, joint venture, or employment relationship. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that could reasonably be understood to contradict anything in this section. You agree to hold us free and harmless from any and all claims (including attorney’s costs to defend against such claims), actions, liabilities, losses, or damages arising from your participation as a client or customer.
If you believe that any material on or accessible via the Services infringes or misappropriates your intellectual property rights or those of a third-party, you may request removal of such material (or access thereto) by providing written notice to us at contact@iggyboo.com. If the intellectual property right subject of your written notice is a copyright owned by you, please include the following information:
Your name, address, telephone number, and email address.
A description of the copyrighted work that you claim has been infringed and, if available, a copy of the location where an authorized version of the work may be found (e.g., a URL).
A description of where on the Services the material that you claim is infringing may be found or accessed, sufficient for us to locate the material (e.g., the URL).
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your electronic or physical signature.
7. Privacy
iggyboo.com's Privacy Policy applies to the collection and use of “Personal Information,” which is defined as information about an individual that (either by itself or when combined with information from other available sources) allows that individual to be identified. iggyboo.com's Privacy Policy is available at https://www.iggyboo.com/privacypolicy and its terms are made a part of these Terms of Service by this reference. You understand that by using the Services you consent to the collection, use and disclosure of your Personal Information as set forth in our Privacy Policy, and to have your Personal Information collected, used, transferred to and processed in the United States.
8. Third Party Content and Services
The Site may contain links to third-party websites and/or applications that are not owned or controlled by iggyboo.com. Such third-party websites and/or applications are provided “AS IS” without indemnification, support, or warranty of any kind, and these Terms of Service do not apply to your use of any such offered third-party websites and/or applications. We encourage you to be aware when you leave the Site and to read the terms and privacy policy of each other website and/or application that you visit. Upon leaving the Site, these Terms of Service shall no longer govern. iggyboo.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites and/or applications, including privacy and data gathering practices. In addition, iggyboo.com will not and cannot censor or edit the content of any third-party website and/or application. By using the Site, you expressly relieve and release iggyboo.com from any and all liability arising from your use of any third-party website and/or application.
9. Disclaimers and Limitations on Liability
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER IGGYBOO.COM NOR ANY PERSON OR ENTITY ASSOCIATED WITH IGGYBOO.COM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER IGGYBOO.COM NOR ANY PERSON OR ENTITY ASSOCIATED WITH IGGYBOO.COM REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
IGGYBOO.COM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT WILL IGGYBOO.COM, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
The limitations and disclaimers in this section do not purport to limit liability or alter your rights beyond what is permitted by applicable law. iggyboo.com's liability shall be limited to the extent permitted by law.
iggyboo.com is based in the state of Texas in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
10. Indemnity
You agree to defend, indemnify and hold harmless iggyboo.com, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Services, or your violation of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
11. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iggyboo.com without restriction.
12. Arbitration Agreement; Class Waiver; Jury Waiver
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND IGGYBOO.COM TO AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS OTHERWISE NOTED.
12.1 Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement, including the Terms of Service, that cannot be resolved informally or in small claims court shall be resolved, to the extent permitted by applicable law, by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and iggyboo.com, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms of Service.
12.2 Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to iggyboo.com should be sent to: 2931 Ridge Road, Suite 101-1023, Rockwall, Texas 75032, Attention: Legal. After the Notice is received, you and iggyboo.com may attempt to resolve the claim or dispute informally. If you and iggyboo.com do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
12.3 Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms of Service. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) 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 of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in the city of Dallas, Texas, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
12.4 Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.
12.5 Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and iggyboo.com, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms of Service. The arbitrator shall 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 iggyboo.com.
12.6 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, excluding claims for injunctive or other equitable relief as set forth below. Arbitration procedures are typically more limited, more efficient, and less costly than court proceedings and are subject to very limited review by a court. If any litigation should arise between you and iggyboo.com in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND IGGYBOO.COM WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
12.7 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, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
12.8 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
12.9 Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
12.10 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with iggyboo.com.
12.11 Small Claims Court. Notwithstanding the foregoing, either you or iggyboo.com may bring an individual action in small claims court.
12.12 Equitable Relief. Notwithstanding the foregoing, either party may seek equitable relief before a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents or emergency equitable relief before a court of competent jurisdiction to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
13. Governing Law, Venue, and Jurisdiction
To the extent the parties are permitted under these Terms of Service to initiate litigation in court, both you and iggyboo.com agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Agreement, including the Terms of Service, shall be governed in all respects by the substantive law of the state of Texas, without regard to its conflict of law principles. You and iggyboo.com hereby consent to submit to the jurisdiction of the federal and state courts sitting in the state of Texas for any actions, suits, or proceedings arising out of or relating to the Agreement, including the Terms of Service, that are not subject to the Arbitration Agreement.
YOU AND IGGYBOO.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PERMITTED BY LAW.
14. Entire Agreement
The Terms of Service, Privacy Policy, any other legal notices published by iggyboo.com on the Site shall constitute the entire agreement between you and iggyboo.com concerning the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and iggyboo.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Contact information
We welcome your comments or questions about these Terms of Service. You may contact us at contact@iggyboo.com.
Last updated on August 10, 2020
TERMS OF SERVICE
Welcome to iggyboo.com! Please read these terms of service ("Terms of Service") carefully. They apply to your use of the iggyboo.com (“iggyboo.com”) website at iggyboo.com (the "Site") and the related goods and services offered by iggyboo.com through the Site. We will refer to the Site and related goods and services offered through the Site as the "Services."
1. Introduction
The Terms of Service set forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by the Terms of Service and our Privacy Policy [https://www.iggyboo.com/privacypolicy] (together, the “Agreement”). If you are accepting the Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to the terms set forth herein. If you do not have such authority or do not agree to be bound by the Terms of Service, you may not access or use the Services. You must indicate your acceptance of the Terms of Service and Privacy Policy when you create an account, join our mailing list, and/or purchase a product from us.
THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. PLEASE NOTE THAT SECTION 10 OF THE TERMS OF SERVICE INCLUDES AN ARBITRATION AGREEMENT. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND IGGYBOO.COM AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION.
iggyboo.com may, in its sole discretion, modify or revise the Terms of Service at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to the Terms of Service, you should periodically review the most up-to-date version, which will always be posted at iggyboo.com. Your continued use of the Services constitutes your acceptance of such changes.
2. Eligibility and Account Creation
2.1 Services Eligibility. To accept the Terms of Services, you affirm that you are either at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service. Minors between the ages of 13 and 18 who have not been emancipated may only use the Services with the involvement and consent of a parent or guardian.
2.2 Your Account. If you access certain features of the Services, you may have the option to create an account (“Account”). When creating your Account, you must provide and maintain accurate and complete information and you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and keeping your password secure. You agree not to use the account, username, or password of another account holder at any time or to disclose your password to any third party. You may never create an account using a false identity or information, on behalf of someone other than yourself, or use another person's account without permission. iggyboo.com may refuse to open an Account for any reason, in its sole discretion.
You agree to notify iggyboo.com immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. You are solely responsible for any and all use of your Account. iggyboo.com will not be liable for your losses caused by any unauthorized use of your Account.
These Terms of Service shall remain in full force and effect while you use the Services, have an Account, and even after your Account is terminated. You may terminate your Account at any time, for any reason, by emailing contact@iggyboo.com.
iggyboo.com may terminate your Account or your access to Services at any time, without warning and in its sole discretion, if you breach these Terms of Service, or otherwise.
3. Online Store Terms
3.1 Orders. You agree that your order is an offer to buy all products and services listed in your order. All orders placed with iggyboo.com are subject to its acceptance. This means that iggyboo.com may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled by iggyboo.com, iggyboo.com will issue you a refund.
3.2 Products. Certain products may be available exclusively online through the Site. These products or services may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right at any time to modify or discontinue any of our products, any part of the Site, or the Site as a whole without notice at any time. Any offer for any product made on this Site is void where prohibited.
Certain products may be subject to separate terms and conditions that accompany the applicable product offering. You are responsible for ascertaining and obeying all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product purchased via this Site. By placing an order, you represent that products ordered will be used only in a lawful manner.
3.3 Prices and Payment Terms. Prices posted on the Site may be different than prices offered by us or our business partners at other locations. All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or Services.
We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
3.4 Shipping & Delivery. When necessary, we will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
You will receive a shipping confirmation email once your order is being processed. Once you have received this email please allow 24-48 hours for your tracking number to update. If for any reason your tracking number does not show an update for more than 3 to 4 business days, send us an email at contact@iggyboo.com referencing your order number.
Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
3.5 Returns & Refunds. All custom engraved products are final sale. If you order a custom engraved product, you understand and agree that the item is unique to you and is not eligible for cancellation, exchange, return, or refund. If there is an error in your custom order, please email us at contact@iggyboo.com with a description of the issue, a photo of the product depicting the error, and a photo of your packing slip. Once we have this information, we will see what occurred and work with you on a swift solution.
For non-custom orders, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned in their original (new) condition. To return products, please email us at contact@iggyboo.com. You are responsible for all shipping and handling charges on returned items and you bear the risk of loss during shipment. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
4. Classes, Workshops, and Conversation Services
4.1 Health and Safety Disclaimers and Warnings. Through the Services, iggyboo.com may provide access to classes, workshops, sessions, conversations, activities, and/or other online or mobile content related to health, wellness, and self-care. Any such activities or content on or accessible via the Services, whether provided by iggyboo.com or by contract from outside providers, is provided simply for your convenience. Any activities, advice or other content offered or accessible via the Services are intended for general information purposes only.
You understand and agree that iggyboo.com is not a medical or mental healthcare provider, and that the Services and any other information or activities you access or learn from iggyboo.com are not intended, designed, or implied to be medical advice, to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical or mental healthcare. Any activities, information, and other content iggyboo.com makes available through the Services are intended to support the relationship between you and your healthcare providers and not replace it. Not all activities described on the Services are suitable for everyone. You understand and agree that you are solely responsible for your use of the Services.
You acknowledge and agree that, unless otherwise expressly indicated, the instructors or leaders of the classes, workshops, sessions, conversations, and other activities on or accessed via the Services are neither employees nor agents nor representatives of iggyboo.com, and iggyboo.com assumes no responsibility for any act or omission of any such instructors or leaders. You further acknowledge and agree that, to the extent any such instructor or leader is a medical or mental healthcare professional, iggyboo.com cannot predict or assess the competence of, or appropriateness for your needs, of the professional. You understand and agree that you are solely responsible for your decision to access any instructor or leader, including without limitation any medical or mental healthcare professional, through the Services. iggyboo.com does not endorse or recommend any individual or entity (including without limitation any instructor, leader, or professional) accessible via the Services, makes no representations or warranties with respect to the validity, accuracy, or availability of any content or advice provided by any such individual or entity, and will not be liable for any damages you may incur due to your reliance upon any content or advice provided by any such individual or entity.
You acknowledge and agree that certain of the classes, workshops, sessions, conversations, and other activities on or accessed via the Services may involve physical exercise, and that physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by an instructor or leader via the Services, is a strenuous activity. By using the Services, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, workshops, sessions, conversations, and other activities on or accessed via the Services, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors or leaders may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against iggyboo.com, or any person or entity involved with iggyboo.com including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
YOU SHOULD CONSULT YOUR MEDICAL OR MENTAL HEALTHCARE PROVIDER BEFORE UNDERTAKING A NEW ACTIVITY RELATED TO HEALTH, WELLNESS, OR FITNESS, INCLUDING WITHOUT LIMITATION ANY ACTIVITY ON OR ACCESSIBLE VIA THE SERVICES.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.
4.2 Community Guidelines. By joining and participating in any classes, workshops, sessions, conversations, and/or activities accessible via the Services, you agree to adhere to the following guidelines in addition to these Terms of Service and iggyboo.com's Privacy Policy:
Do not publish your personal information or the personal information of anyone else in a public community. Please use direct messaging when personal information must be shared. Do not record or take screenshots of or from any content or activity accessible via the Services and/or post them anywhere without explicit consent from the owner of the content (e.g., the instructor or leader). Do not share private conversations between users that were had with the expectation of remaining private.
Threatening language, harassment, violence, racism, bullying, attacks on or intimidation of any party, malicious speech regarding topics of sexual orientation, gender identity, age, ethnic origin or race, religion, disability, size; sexist or inappropriately sexual comments or behavior; or hate speech will not be tolerated. Discrimination against people based on race, ethnic origin, religion, disability, gender identity, age, veteran status, sexual orientation, or any other characteristics will not be tolerated.
If you see or become aware of any content or behavior that violates iggyboo.com's community guidelines, please contact us at contact@iggyboo.com. If you believe any content or activity violates your intellectual property rights, please provide us with written notice in accordance of Section 6 of these Terms of Service.
iggyboo.com reserves the right to block or restrict access or use of the Services to any user who fails to comply with or violates, in its sole discretion, these community guidelines.
4.3 Media Waiver. iggyboo.com may record classes, workshops, sessions, conversations and/or activities accessible via the Services to monitor for quality and training purposes. iggyboo.com may also use photos and videos from recorded Services to use in promotional materials such as but not limited to social media posts, email, advertising, YouTube, etc.
5. Rights and Restrictions
iggyboo.com hereby grants you permission to access and use the Site as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the Site, without its prior written authorization, and you agree not to alter, modify, copy, or reverse engineer any part of the Site. iggyboo.com reserves the right to discontinue any aspect of the Site at any time.
The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks, trade names, trade dress, and logos contained therein, are owned by or licensed to iggyboo.com and subject to copyright and other intellectual property rights under the law. Content on the Site is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of iggyboo.com and any other respective owners. iggyboo.com reserves all rights not expressly granted in and to the Site and the Content.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You also agree that the Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of iggyboo.com. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
You agree to not access or use for any commercial purposes any part of the Site, the Services or any product available or obtained through the Site or Services other than as expressly permitted by these Terms of Service. You also may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to intellectual property laws).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, materials or any other content or information provided by you to iggyboo.com are non-confidential and shall become the sole property of iggyboo.com. iggyboo.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
6. Third-Party Intellectual Property Infringement
Relationship of parties: Nothing in this agreement creates an agency, franchise, partnership, sales representative, joint venture, or employment relationship. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that could reasonably be understood to contradict anything in this section. You agree to hold us free and harmless from any and all claims (including attorney’s costs to defend against such claims), actions, liabilities, losses, or damages arising from your participation as a client or customer.
If you believe that any material on or accessible via the Services infringes or misappropriates your intellectual property rights or those of a third-party, you may request removal of such material (or access thereto) by providing written notice to us at contact@iggyboo.com. If the intellectual property right subject of your written notice is a copyright owned by you, please include the following information:
Your name, address, telephone number, and email address.
A description of the copyrighted work that you claim has been infringed and, if available, a copy of the location where an authorized version of the work may be found (e.g., a URL).
A description of where on the Services the material that you claim is infringing may be found or accessed, sufficient for us to locate the material (e.g., the URL).
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your electronic or physical signature.
7. Privacy
iggyboo.com's Privacy Policy applies to the collection and use of “Personal Information,” which is defined as information about an individual that (either by itself or when combined with information from other available sources) allows that individual to be identified. iggyboo.com's Privacy Policy is available at https://www.iggyboo.com/privacypolicy and its terms are made a part of these Terms of Service by this reference. You understand that by using the Services you consent to the collection, use and disclosure of your Personal Information as set forth in our Privacy Policy, and to have your Personal Information collected, used, transferred to and processed in the United States.
8. Third Party Content and Services
The Site may contain links to third-party websites and/or applications that are not owned or controlled by iggyboo.com. Such third-party websites and/or applications are provided “AS IS” without indemnification, support, or warranty of any kind, and these Terms of Service do not apply to your use of any such offered third-party websites and/or applications. We encourage you to be aware when you leave the Site and to read the terms and privacy policy of each other website and/or application that you visit. Upon leaving the Site, these Terms of Service shall no longer govern. iggyboo.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites and/or applications, including privacy and data gathering practices. In addition, iggyboo.com will not and cannot censor or edit the content of any third-party website and/or application. By using the Site, you expressly relieve and release iggyboo.com from any and all liability arising from your use of any third-party website and/or application.
9. Disclaimers and Limitations on Liability
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER IGGYBOO.COM NOR ANY PERSON OR ENTITY ASSOCIATED WITH IGGYBOO.COM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER IGGYBOO.COM NOR ANY PERSON OR ENTITY ASSOCIATED WITH IGGYBOO.COM REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
IGGYBOO.COM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT WILL IGGYBOO.COM, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
The limitations and disclaimers in this section do not purport to limit liability or alter your rights beyond what is permitted by applicable law. iggyboo.com's liability shall be limited to the extent permitted by law.
iggyboo.com is based in the state of Texas in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
10. Indemnity
You agree to defend, indemnify and hold harmless iggyboo.com, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Services, or your violation of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
11. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iggyboo.com without restriction.
12. Arbitration Agreement; Class Waiver; Jury Waiver
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND IGGYBOO.COM TO AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS OTHERWISE NOTED.
12.1 Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement, including the Terms of Service, that cannot be resolved informally or in small claims court shall be resolved, to the extent permitted by applicable law, by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and iggyboo.com, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms of Service.
12.2 Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to iggyboo.com should be sent to: 2931 Ridge Road, Suite 101-1023, Rockwall, Texas 75032, Attention: Legal. After the Notice is received, you and iggyboo.com may attempt to resolve the claim or dispute informally. If you and iggyboo.com do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
12.3 Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms of Service. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) 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 of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in the city of Dallas, Texas, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
12.4 Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.
12.5 Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and iggyboo.com, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms of Service. The arbitrator shall 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 iggyboo.com.
12.6 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, excluding claims for injunctive or other equitable relief as set forth below. Arbitration procedures are typically more limited, more efficient, and less costly than court proceedings and are subject to very limited review by a court. If any litigation should arise between you and iggyboo.com in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND IGGYBOO.COM WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
12.7 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, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
12.8 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
12.9 Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
12.10 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with iggyboo.com.
12.11 Small Claims Court. Notwithstanding the foregoing, either you or iggyboo.com may bring an individual action in small claims court.
12.12 Equitable Relief. Notwithstanding the foregoing, either party may seek equitable relief before a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents or emergency equitable relief before a court of competent jurisdiction to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
13. Governing Law, Venue, and Jurisdiction
To the extent the parties are permitted under these Terms of Service to initiate litigation in court, both you and iggyboo.com agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Agreement, including the Terms of Service, shall be governed in all respects by the substantive law of the state of Texas, without regard to its conflict of law principles. You and iggyboo.com hereby consent to submit to the jurisdiction of the federal and state courts sitting in the state of Texas for any actions, suits, or proceedings arising out of or relating to the Agreement, including the Terms of Service, that are not subject to the Arbitration Agreement.
YOU AND IGGYBOO.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PERMITTED BY LAW.
14. Entire Agreement
The Terms of Service, Privacy Policy, any other legal notices published by iggyboo.com on the Site shall constitute the entire agreement between you and iggyboo.com concerning the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and iggyboo.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Contact information
We welcome your comments or questions about these Terms of Service. You may contact us at contact@iggyboo.com.
Last updated on August 10, 2020
