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Effective Date: September 20, 2021
Last updated: May 8, 2025
These Terms of Service contain an arbitration provision. Please review the Arbitration section for details.
Welcome! Tipsy Elves LLC (“Tipsy Elves,” “Company,” “we,” “our,” and “us”) provides and maintains this website for information and communication purposes. These Terms and Conditions (“Terms”) govern your access to and use of our website (www. tipsyelves.com) (the “Site, and other services offered by Tipsy Elves (“Services”). “You” refers to you as a user of the Site.
By accessing, browsing, or using this Site, you acknowledge that you have read, understood, accepted, and agreed to these Terms without limitation or qualification. If you do not accept these Terms or you do not meet or comply with their provisions, you may not use the Sites.
1. User Registration and Account Protection
You can use our Services or purchase our products without creating a user account (“Account”). If you choose to create an Account, you must provide us with accurate and complete registration information as prompted during the registration process. Each Account registration is for a single user only. You may not misrepresent your identity or your affiliation with any person or organization and you may never use another user’s Account for any purpose whatsoever. If you register for an account, you must provide accurate account information and promptly update this information if it changes. If you associate your Account with another service or social media service functionality, such as Facebook Connect, you expressly authorize Tipsy Elves and the relevant third party to share and store certain information about you, including personal information, depending on your account settings with such third party. Please note that you will be bound by the terms of use and privacy policies of any such third parties, in addition to our Terms and Privacy Policy.
You are responsible for maintaining the security and confidentiality of your username and password and may not share your Account information with third parties or allow third parties to use your Account. If you believe an unauthorized person has obtained your password or accessed your Account you must notify us immediately via email at info@tipsyelves.com with “Unauthorized Use” in the subject line. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge or permission. However, you may be held liable for any losses we or another related party incur due to someone else using your Account.
You may terminate your Account at any time by sending an e-mail to info@tipsyelves.com with “Cancel Account” in the subject line. Please allow seven (7) days for termination to take effect. Following termination, we may delete any or all of the information associated with your Account. You have no recourse with regard to any information that we delete or functionality we remove upon Account termination. We further disclaim any value you may attribute to any of your data stored on our servers. Our rights under the Terms will survive any termination of your Account or cessation of your use of our Services.
2. Terms of Sale
Shipping: When you make a purchase on the Site (an “Order”), you may be required to pay applicable shipping and processing charges and fees (“Fees”). Fees are intended to compensate us for any relevant costs of processing your Order; costs of handling and packing any products; and costs of delivering or providing the purchased products and services to you.
Inaccuracy Disclaimer: From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your Order). If you do not wish to continue with your Order after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your Order.
Returns: Returned items for a refund must be received at the warehouse the order originally shipped from within thirty (30) days of receipt of the item. Returns received after that thirty (30) day return period will not be accepted. To request a return, please contact us by emailing info@tipsyelves.com or by calling 619-450-1281. Orders that are returned to the same warehouse the order originally shipped from and qualify for a refund will receive a product refund but not shipping refund. You pay for return shipping. Returns may not be done in person at the warehouse location. Returns for a refund require 3 days to process upon arrival at the warehouse before another 3-5 days for the funds to return to the account you used to pay for the item(s).
Select holiday exclusions may apply. Halloween items may not be returned after October 31st. All items purchased between Thanksgiving Day and Christmas Day are eligible for return until the second Friday in January of the following year. For all other orders, returns must be requested within thirty (30) days of receipt of the item.
WE REQUIRE THAT ALL RETURNED ITEMS BE IN NEW, UNWORN CONDITION IN THE ORIGINAL PACKAGING WITH THE ORIGINAL TAGS STILL ATTACHED. We reserve the right to refuse the return of any items that have been worn, damaged, or had the tags removed. If an item we receive for return has been worn, or the tags removed, the item will be deemed unacceptable for return. All packaging for the returned item must be intact and not damaged in any way.
Exchanges: To request an exchange, please contact us by emailing info@tipsyelves.com or by calling 619-450-1281. Customer pays for return shipping. Exchange requests may only be processed for an item of equal or lessor value. Exchange request received in which the requested item exceeds the value of the item exchanged will be refunded. Exchanges may not be done in person at the warehouse location and returned packages must be sent to the same warehouse location the order originally shipped from. Once delivered by the carrier, processing of the original item requires 3 business days to process. Select holiday exclusions may apply. Halloween items may not be returned after October 31st. All items purchased between Thanksgiving Day and Christmas Day are eligible for return until the second Friday in January of the next year. For all other orders, returns must be requested within thirty (30) days of receipt of the item.
WE REQUIRE THAT ALL EXCHANGED ITEMS BE IN NEW, UNWORN CONDITION IN THE ORIGINAL PACKAGING WITH THE ORIGINAL TAGS STILL ATTACHED. We reserve the right to refuse the exchange of any items that have been worn, damaged, or had the tags removed. If an item we receive for exchange has been worn, or the tags removed, the item will be deemed unacceptable for exchange. All packaging for the exchanged item must be intact and not damaged in any way.
Special Offers: Occasionally we will offer special promotions to our customers that we refer to as “special offers.” This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.
3. User Content
The Site and Services may allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content.
When you upload, submit, store, send, or receive User Content to or through the Site and Services and related services (including by posting to social media and tagging one of our promotional hashtags), you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Site and Services, and to develop new services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site and Services.
You promise that:
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site for any reason.
4. Eligibility
You must be at least 13 years old to use the Site and Services. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.
5. Ownership
Other than User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Content”); (b) our trademarks, logos, trade name, and brand elements (“Marks”); and the trademarks, logos, trade name, and brand elements of third party licensors, suppliers and partners (“Third-Party Content”). The Site, Content, Third-Party Content and Marks are protected by United States and international laws and treaty provisions. The look and feel of the Site are protected by copyrights. You may access, download and print materials on this Site solely for your personal and non-commercial use; however, any printout of this Site, or portions of the Site, must include our copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website (including, without limitation, the HTML/CSS, JavaScript, or visual design elements or concepts), transfer or sell any information obtained from this Site without our prior written permission. You may not use any metatags or any other "hidden text" utilizing any of our names or trademarks without our express written consent.
6. Links to Third-Party Sites
For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only. However, we do not control or endorse such websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our Site. These Terms apply only to the Site and the associated products and services we offer. If you decide to access any of the third-party sites linked to this Site, you do so at your own risk. We reserve the right to terminate any link or linking program at any time. We disclaim all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such third-party sites.
7. Use of the Site
We grant you a personal, limited, non-exclusive, nontransferable license to access and make personal use of the Site and Content and other information contained on the Site. This license does not include any resale or commercial use of the Site; any collection and commercial use of any of Content; any non-personal use of our product or service names, listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site or Content for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the Site only as permitted by law. All rights not expressly granted to you in these Terms are reserved and retained by us and/or our suppliers and licensors. The licenses granted by us to you automatically terminate if you do not comply with these Terms.
You are responsible for your use of the Site, and for any use of the Site made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you may not:
8. DMCA Copyright Policy
Tipsy Elves honors copyright laws, including the Digital Millennium Copyright Act, and takes reasonable steps to expeditiously remove from our Sites any infringing material that we become aware of. If you believe that anything on the Sites infringes a copyright that you own or control, please file a notice with our designated agent: info@tipsyelves.com. Don’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored. To report other forms of infringement on the Services, please use the tool accessible here. If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
9. Disclaimers
THE SITE, THE SERVICES AND OUR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS SITE AND OUR SERVICES, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT WE AND OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE OR SERVICES.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF THE SITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE, HOWEVER CAUSED, AND UNDER WHATEVER CLAIM, CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED ANY AMOUNT YOU HAVE ACTUALLY PAID US DURING THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY OR OMISSION GIVING RISE TO SUCH CLAIM, CAUSE OF ACTION OR THEORY OF LIABILITY, OR ONE HUNDRED UNITED STATES DOLLARS (USD $100), WHICHEVER IS GREATER.
You understand and agree that we have entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
11. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
12. Informal Dispute Resolution
We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing by email at info@tipsyelves.com, of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence proceedings as set out in these Terms to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an action is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
13. Arbitration Agreement & Waiver of Certain Rights
You and Company agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and Company or you and a third-party agent of Company (a “Claim”) through final and binding arbitration instead of through court proceedings in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.
To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at info@tipsyelves.com. This letter must be sent at least ten (10) business days before you initiate an arbitration proceeding against us.
Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Company from seeking action by federal, state, or local government agencies. You and Company also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) business days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and Company retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor Company may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or Company’s individual Claims.
If for any reason a Claim proceeds in court rather than in arbitration, you and Company each waive any right to a jury trial. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
This Arbitration Agreement Section of the Terms will survive the termination of your relationship with Company.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Mass Arbitration Process Requirements
If twenty-five (25) or more similar claims are asserted against Company at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim) (a “Mass Arbitration”), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Regardless of the provisions in the arbitration agreement above about the prohibitive costs of individual arbitration for you, if your lawyer or their business partner is directly or indirectly paying or advancing the arbitration fees and costs in a mass arbitration on your behalf, the Process Arbitrator shall have discretion to determine whether the total arbitration fees and costs due to AAA should be split evenly between the claimants, on the one hand, and us, on the other hand. The Process Arbitrator shall make or confirm this discretionary decision before the initiation of each batch, as set out below. In the final decision, the arbitrator can reevaluate and divide the arbitration fees and costs among the parties in amounts they see fit to ensure a fair division among the parties. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Company. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Company will pay the mediator's fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Company. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Company will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Company Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.
14. Privacy
Our Privacy Policy (https://www.tipsyelves.com/pages/privacy-policy) explains how we collect, use and protect, and when we share, personal information and other data with others. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account, and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.
15. Termination
We reserve the right to not provide the Site or Services to any person. We also reserve the right to terminate any user’s right to access the Site at any time, in our discretion. If you violate any of these Terms, your permission to use the Site or Services automatically terminates.
16. Limitation on Time to File Claims
Regardless of any statute or law to the contrary, all Claims must be filed within one (1) year after such Claim arose, or else that Claim will be barred forever.
17. Severability
If any provision of these Terms is found unenforceable, then that provision will be removed from these Terms and not affect the validity and enforceability of any remaining provisions.
18. California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
19. Other Provisions
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in San Diego, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
20. Changes to these Terms
From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Site or Services, you are agreeing to the revised Terms.
Please print a copy of these Terms for you records and PLEASE check the Site frequently for any changes to these Terms.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.