Terms of Service

Last updated: [INSERT DATE]

Important Notice About Dispute Resolution

These Terms contain a binding arbitration agreement and class-action waiver. Except for disputes that qualify for small claims court, claims relating to intellectual property rights and other disputes that cannot legally be subject to arbitration, you and The Foldie® agree to resolve disputes through individual binding arbitration rather than in court.

This means that you waive the right to have covered disputes decided by a judge or jury and waive the right to participate in a class, collective, consolidated or representative action.

You may opt out of the arbitration agreement by following the instructions in Section 23 within 30 days after first accepting these Terms.

Overview

This website is operated by The Foldie, Inc., referred to throughout these Terms as “The Foldie®,” “The Foldie,” “we,” “us” or “our.”

The Foldie® provides this website, including the information, tools, products and services available through it, subject to your acceptance of these Terms of Service and any other policies or notices published on the website.

By visiting our website, placing an order or otherwise using our services, you engage in our “Service” and agree to be bound by these Terms of Service, referred to as the “Terms.”

These Terms apply to all users of the website, including visitors, customers, vendors, merchants and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access the website or use the Service.

We may update or change these Terms by publishing a revised version on our website. Where required by applicable law, we will provide notice of material changes. Your continued use of the Service after revised Terms become effective constitutes acceptance of those changes.

Our store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services.

1. Online Store Terms

By agreeing to these Terms, you confirm that you are at least the age of majority in your state, province or country of residence.

Where permitted by applicable law, you may allow minors under your supervision to use this website.

You may not use our products or Service for any illegal or unauthorised purpose. You may not violate any applicable law while using the Service.

A breach of these Terms may result in the immediate termination or restriction of your access to the Service.

2. General Conditions

We reserve the right to refuse service to anyone for any lawful reason at any time.

You understand that content you provide, excluding payment-card information, may be transferred without encryption and may involve:

• Transmissions over different networks

• Changes made to meet the technical requirements of connecting networks or devices

Payment-card information is encrypted during transfer over networks.

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.

The headings used in these Terms are included for convenience only and do not limit or otherwise affect the Terms.

3. Accuracy, Completeness and Timeliness of Information

We do not guarantee that all information made available through this website will always be accurate, complete or current.

Content on this website is provided for general information and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete or current sources where appropriate.

Any reliance on information published on this website is at your own risk, subject to rights and remedies that cannot be excluded under applicable law.

This website may contain historical information that is no longer current and is provided for reference only.

We may update or modify website content at any time, but we are not required to do so except where required by law.

4. Changes to the Service and Prices

Product prices may change without notice.

We reserve the right to modify, suspend or discontinue the Service, or any part of it, at any time, subject to applicable law.

We will not be liable to you or any third party for a modification, price change, suspension or discontinuation of the Service, except where liability cannot legally be excluded.

5. Products and Services

Certain products or services may only be available online through our website.

Products may be available in limited quantities and may only be returned or exchanged in accordance with our Returns, Refunds and Exchanges Policy.

We make reasonable efforts to display product colours and images accurately. However, the appearance of colours may vary depending on your screen, device and display settings.

We reserve the right, subject to applicable law, to:

• Limit sales to a person, household, geographic region or jurisdiction

• Limit the quantities of products or services available

• Change product descriptions or prices without notice

• Discontinue a product at any time

• Refuse or cancel orders that appear to involve fraud, misuse, resale or unauthorised commercial activity

Any offer made through this website is void where prohibited.

We do not guarantee that every product, service or item of information will meet every customer’s individual expectations. This does not affect any warranty, consumer-protection right or remedy that cannot legally be excluded.

6. Billing and Account Information

We reserve the right to refuse, limit or cancel an order, subject to applicable law.

Restrictions may apply to orders:

• Placed through the same customer account

• Using the same payment method

• Using the same billing or shipping address

• That appear to have been placed by dealers, resellers or distributors

• That we reasonably believe may be fraudulent or unauthorised

If we change or cancel an order, we may attempt to notify you using the email address, billing address or telephone number provided with the order.

You agree to provide accurate, current and complete purchase and account information.

You are responsible for keeping your email address, payment details and other account information current so that we can process your order and contact you where necessary.

For additional information about returns and refunds, please review our Returns, Refunds and Exchanges Policy.

7. Optional Third-Party Tools

We may provide access to tools or services operated by third parties that we do not monitor, control or operate.

Unless otherwise stated, these tools are provided on an “as is” and “as available” basis without warranties, representations, conditions or endorsements from us.

To the maximum extent permitted by law, we are not responsible for losses or damages arising from your use of third-party tools.

Your use of optional third-party tools is at your own discretion. You should review and understand the terms and privacy practices of the relevant provider before using them.

New tools, resources, services or features introduced through our website may also be subject to these Terms.

8. Third-Party Links

Our Service may include links to websites, content, products or services operated by third parties.

We are not responsible for examining or evaluating third-party content and do not guarantee its accuracy, availability or reliability.

To the maximum extent permitted by law, we are not liable for loss or damage related to third-party websites, products, services, content or transactions.

You should review the terms, policies and practices of a third-party provider before completing a transaction or providing personal information.

Questions or complaints relating to third-party products or services should be directed to the relevant third party.

9. User Comments, Feedback and Submissions

If you send us ideas, reviews, suggestions, proposals, contest entries or other materials, collectively referred to as “Comments,” you grant The Foldie® a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to use, reproduce, edit, publish, distribute, translate and display those Comments in connection with our business, products and marketing.

This licence applies only to the extent permitted by applicable law and subject to our Privacy Policy.

Unless otherwise agreed in writing, we are not required to:

• Keep Comments confidential

• Pay compensation for Comments

• Respond to Comments

We may monitor, edit or remove content that we reasonably consider unlawful, offensive, threatening, defamatory, obscene, misleading or otherwise objectionable, or that violates these Terms or another party’s rights.

You agree that your Comments will not:

• Violate another party’s copyright, trademark, privacy or other rights

• Contain unlawful, abusive, defamatory or obscene material

• Contain malware, viruses or harmful code

• Use a false identity or email address

• Mislead us or others about the origin of the Comments

You are responsible for the accuracy and legality of the Comments you submit.

10. Personal Information

Our collection, use and disclosure of personal information are governed by our Privacy Policy.

Please review our Privacy Policy for more information about how we collect, use, share and protect personal information.

11. Errors, Inaccuracies and Omissions

Information on our website may occasionally contain typographical errors, inaccuracies or omissions relating to matters such as:

• Product descriptions

• Pricing

• Promotions and offers

• Shipping charges

• Delivery times

• Product availability

We reserve the right to correct errors, update information or cancel an affected order where information is inaccurate, including after an order has been submitted, subject to applicable law.

Except where required by law, we are not obligated to update, amend or clarify all information on the website.

A stated update or refresh date does not necessarily mean that all information on the website has been modified or updated.

12. Prohibited Uses

You may not use the website, Service or its content:

• For an unlawful purpose

• To encourage or assist others in unlawful acts

• To violate applicable laws or regulations

• To infringe our intellectual property rights or the rights of others

• To harass, threaten, abuse, defame, intimidate, discriminate against or harm another person

• To submit false, fraudulent or misleading information

• To upload or transmit viruses, malware or harmful code

• To collect or track another person’s personal information without authorisation

• To spam, phish, crawl, scrape or otherwise misuse the website

• For obscene, fraudulent or malicious purposes

• To interfere with or circumvent the security or proper operation of the Service

• To impersonate another person or misrepresent your identity or affiliation

• To place fraudulent orders or abuse promotions, discounts, refunds or return procedures

We reserve the right to terminate or restrict your access to the Service for violating these restrictions.

13. Disclaimer of Warranties and Limitation of Liability

We do not guarantee that your use of the Service will always be uninterrupted, timely, secure or error-free.

We do not guarantee that information or results obtained through the Service will always be accurate or reliable.

We may suspend or discontinue all or part of the Service, subject to applicable law.

To the fullest extent permitted by law, the Service is provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, we disclaim express and implied warranties relating to the Service, including warranties of:

• Merchantability

• Fitness for a particular purpose

• Durability

• Title

• Non-infringement

To the fullest extent permitted by law, The Foldie®, its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors will not be liable for indirect, incidental, punitive, special or consequential damages.

This may include loss of profits, revenue, savings, data or replacement costs arising from:

• Your use of or inability to use the Service

• Products purchased through the Service

• Errors or omissions in website content

• Content, products or services made available through the Service

Where a jurisdiction does not permit a particular exclusion or limitation of liability, our liability will be limited only to the maximum extent permitted in that jurisdiction.

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, warranty, right or remedy that cannot legally be excluded, restricted or modified.

14. Indemnification

To the extent permitted by law, you agree to indemnify, defend and hold harmless The Foldie®, its parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, suppliers, service providers, subcontractors and employees from third-party claims or demands arising from:

• Your material breach of these Terms

• Your material breach of a policy incorporated into these Terms

• Your violation of applicable law

• Your infringement of another party’s rights

• Your misuse of the website or Service

This includes reasonable legal fees and costs incurred in responding to such claims.

15. Severability

If a provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by law.

Any unenforceable portion will be treated as separate from the remaining Terms.

The invalidity of one provision will not affect the validity or enforceability of the remaining provisions.

16. Termination

Obligations and liabilities incurred before termination will continue after these Terms have ended where their nature requires them to survive.

These Terms remain effective unless terminated by you or us.

You may terminate your agreement with us by notifying us that you no longer wish to use the Service or by ceasing to use the website.

We may terminate or restrict your access to the Service if we reasonably believe that you have failed to comply with these Terms.

You remain responsible for amounts properly due up to and including the date of termination.

The following sections will survive termination where applicable: intellectual property, disclaimers, limitations of liability, indemnification, governing law and dispute resolution.

17. Entire Agreement

These Terms, together with policies and operating rules incorporated into them, form the entire agreement between you and The Foldie® concerning your use of the Service.

They replace previous or contemporaneous agreements, communications and proposals concerning the same subject matter, whether written or oral.

Our failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.

Any ambiguity in these Terms will not automatically be interpreted against the party responsible for drafting them.

18. Governing Law

These Terms, the Service and any dispute arising out of or relating to these Terms, the Service, our website, our advertising, or products purchased from us will be governed by and interpreted in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles.

The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in Section 23.

This governing-law provision does not deprive you of any mandatory consumer-protection rights that apply under the laws of your place of residence and cannot legally be waived by agreement.

19. Trademarks and Intellectual Property

The Foldie, Inc. is the owner of the federally registered trademark “The Foldie.”

Trademark details include:

• Registration number: 7058626

• Serial number: 97085743

• International Class: 018

The Foldie, Inc. retains the exclusive rights associated with its trademarks, branding, original content and other intellectual property.

Unless we provide prior written permission, you may not use, reproduce, copy, imitate or misrepresent:

• The Foldie® name or trademarks

• Our logos and branding

• Our product photographs

• Our website copy and original content

• Our advertisements or marketing materials

• Any confusingly similar name, mark or presentation

Unauthorised use in advertisements, websites, products, packaging, social-media accounts or promotional materials is prohibited.

The Foldie, Inc. reserves all rights and remedies available under applicable intellectual-property and unfair-competition laws.

20. Privacy Rights and Data Protection

We are committed to protecting personal information and complying with applicable privacy and data-protection laws.

Depending on where you live, you may have the right to:

• Access personal information we hold about you

• Request corrections to your personal information

• Request deletion of your personal information

• Receive a copy of certain personal information

• Opt out of certain sales, sharing or targeted advertising

• Restrict or object to certain processing

• Withdraw consent where processing is based on consent

• Exercise other rights provided by applicable law

These rights may be subject to legal, contractual and regulatory limitations or exceptions.

Please review our Privacy Policy for detailed information about our privacy practices.

To submit a privacy request, contact us at support@the-foldie.com.

21. Changes to These Terms

You may review the current version of these Terms on this page.

We reserve the right to update, change or replace these Terms by publishing a revised version on our website.

Where required by applicable law, we will notify users of material changes before those changes take effect.

The “Last updated” date at the beginning of these Terms identifies when they were most recently revised.

Your continued use of the Service after revised Terms take effect constitutes acceptance of the revised Terms, except where applicable law requires another form of consent.

22. Contact Information

Questions about these Terms should be sent to:

The Foldie, Inc.
Email: support@the-foldie.com
Mailing address: [INSERT COMPLETE BUSINESS MAILING ADDRESS]

23. Dispute Resolution, Binding Arbitration and Class-Action Waiver

23.1 Please Read This Section Carefully

This section affects your legal rights.

Except for the exceptions described below, you and The Foldie® agree that disputes will be resolved through individual binding arbitration and not through a lawsuit in court.

Arbitration does not involve a judge or jury. Court review of an arbitration award is limited.

23.2 Informal Dispute Resolution

Before commencing arbitration, the party raising a dispute must send the other party a written notice describing:

• The party’s full name and contact information

• The relevant order number, where applicable

• The nature and factual basis of the dispute

• The specific relief requested

Notices to The Foldie® must be sent by email to support@the-foldie.com with the subject line “Notice of Dispute.”

The parties will attempt in good faith to resolve the dispute informally for at least 30 days after the notice is received.

Neither party may commence arbitration until this informal resolution period has ended, unless immediate action is reasonably required to prevent irreparable harm.

Any applicable limitation period will be suspended during this 30-day informal resolution period to the extent permitted by law.

23.3 Agreement to Binding Arbitration

If a dispute is not resolved informally, you and The Foldie® agree that any claim or controversy arising out of or relating to:

• These Terms

• Your use of the website or Service

• An order or transaction

• A Foldie® product

• Our Returns, Refunds and Exchanges Policy

• Our Privacy Policy

• Our advertising or marketing practices

• Communications between you and The Foldie®

• The relationship between you and The Foldie®

will be resolved through individual binding arbitration.

This agreement applies to claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory, whether the claim arose before or after you accepted these Terms.

23.4 Arbitration Administrator and Rules

Arbitration will be administered by the American Arbitration Association, or “AAA,” under its Consumer Arbitration Rules in effect when the arbitration is filed, as modified by these Terms.

If the AAA is unavailable or unwilling to administer the arbitration, the parties will attempt to agree on another recognised arbitration provider. If they cannot agree, a court with jurisdiction may appoint an arbitration provider or arbitrator.

The arbitration will be conducted by one neutral arbitrator.

23.5 Federal Arbitration Act and Delaware Law

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

The arbitrator will apply the substantive laws of the State of Delaware, without regard to its conflict-of-law principles, together with any mandatory consumer-protection law that applies and cannot legally be waived.

23.6 Location and Format

Where permitted under the applicable AAA rules, the arbitration may be conducted:

• Based on written submissions

• By telephone

• By video conference

• In person at a reasonably convenient location

The format will be determined in accordance with the applicable AAA rules and after considering the circumstances of the parties.

Consumers will not be required to travel to Delaware for an in-person consumer arbitration unless they agree or the arbitrator determines that applicable law and the relevant arbitration rules permit it.

23.7 Arbitration Fees

Payment of filing, administrative and arbitrator fees will be governed by the applicable AAA Consumer Arbitration Rules.

The Foldie® will pay fees it is required to pay under those rules or applicable law.

Each party will be responsible for its own legal fees unless the arbitrator awards legal fees under applicable law.

23.8 Arbitrator’s Authority

The arbitrator may award any individual remedy or relief that would be available in a court under applicable law.

The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim, except where applicable law requires otherwise.

The arbitrator will provide a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Judgment on the arbitration award may be entered in a court with jurisdiction.

23.9 Exceptions to Arbitration

The following disputes are not required to be arbitrated:

• An individual claim that qualifies to be brought in small claims court, provided it remains an individual claim

• A claim seeking temporary, preliminary or permanent injunctive relief concerning the infringement, misuse or misappropriation of intellectual-property rights

• A dispute that applicable law does not permit to be subject to mandatory arbitration

• A claim concerning sexual assault or sexual harassment where federal law gives the claimant the right to elect court proceedings

If a small claims action is transferred, removed or appealed to a court that is not a small claims court, either party may require the claim to proceed through arbitration where legally permitted.

23.10 Class-Action and Jury-Trial Waiver

To the fullest extent permitted by law, you and The Foldie® waive the right to a jury trial for disputes covered by this arbitration agreement.

You and The Foldie® agree that covered disputes may only be brought in an individual capacity and not as a plaintiff or class member in a purported class, collective, consolidated, mass, private-attorney-general or representative proceeding.

Unless both parties agree in writing, the arbitrator may not:

• Combine the claims of more than one person

• Preside over a class, collective, consolidated, mass or representative proceeding

• Award relief for or against anyone who is not an individual party to the arbitration

This provision does not prevent you from participating in a class or representative action concerning a claim that applicable law does not permit to be waived.

23.11 Opting Out of Arbitration

You may opt out of Sections 23.3 through 23.10 by sending a written opt-out notice within 30 days after the date you first accept these Terms.

The notice must be sent by email to:

support@the-foldie.com

Use the subject line:

“Arbitration Opt-Out”

Your notice must include:

• Your full name

• Your email address

• Your mailing address

• Your order number, if applicable

• A clear statement that you wish to opt out of the arbitration agreement in The Foldie® Terms of Service

An opt-out applies only to the individual who submitted the notice.

Opting out of arbitration will not affect the remaining provisions of these Terms or your ability to purchase products from The Foldie®.

A notice submitted after the 30-day period will not be effective unless applicable law requires otherwise.

23.12 Court Jurisdiction for Non-Arbitrable Disputes

For disputes that are not subject to arbitration and are not brought in small claims court, you and The Foldie® consent to the exclusive jurisdiction of the state and federal courts located in the State of Delaware.

You and The Foldie® waive objections based on personal jurisdiction, venue or inconvenient forum, except where such a waiver is prohibited by applicable law.

This clause does not prevent a consumer from bringing a claim in another court where mandatory applicable law gives the consumer a non-waivable right to do so.

23.13 Severability of Arbitration Provisions

If a portion of this Section 23 is found unenforceable, that portion will be severed and the remainder will remain in effect to the fullest extent permitted by law.

However, if the class-action waiver is found unenforceable for a particular claim or requested remedy, then that claim or remedy will proceed in a court with jurisdiction and not in class arbitration.

Any individual arbitrable claims will be stayed while the court proceedings are pending, unless applicable law requires otherwise.

23.14 Survival

This Section 23 will survive:

• Termination of these Terms

• Closure of your account

• Completion or cancellation of an order

• Discontinuation of the Service

• Bankruptcy, where legally permitted