This Snug Inc. Terms of Service (the “Terms”) constitutes an agreement between you, the user, and Snug Inc. and its subsidiaries and affiliates (“Snug”, “we” or “us”). These Terms govern your access to and use of the Snug website located at https://www.getsnug.com and related websites and desktop, mobile and other applications (collectively, the “Website”), including any content, functionality and services offered on or through the Website and any of our other products or services (collectively, the “Services”).
Please read the Terms carefully because they contain provisions that affect your rights and obligations, including a mandatory arbitration provision, limitation on time to file claims, and a waiver of your right to participate in a class action. By using the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.getsnug.com/privacy.html, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Services. Financial advisors and advisor clients, as applicable, also agree to be bound by our Advisor and Advisor Client Addendum, available at https://www.getsnug.com/terms-advisor-addendum.
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are 18 years of age or older and are otherwise capable of forming a legally binding contract with us. If you do not meet these requirements, you must not access or use the Services.
You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms have the same force and effect as a signed agreement, and (iii) you expressly accept and agree to be bound by the terms hereof.
1. Changes to these Terms
We may modify these Terms at any time in our sole discretion by posting a revised version on our Website at https://www.getsnug.com. Changes will not apply retroactively and will only become effective when (i) you use the Services after you are notified about the change, or (ii) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for the Services or changes made for legal reasons will be effective immediately. We will also update the Last Modified Date at the top of these Terms accordingly. Your continued use of the Services after the Last Modified Date signifies your knowledge about and consent to the modified Terms. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If the modified Terms are not acceptable to you, you should not access or use the Services after the Last Modified Date. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
2. Disclaimer
SNUG IS NOT A LAW FIRM, AND DOES NOT PROVIDE LEGAL ADVICE. WHILE SNUG STRIVES TO ENSURE THAT ITS AUTOMATED SERVICES ARE COMPLETE, THEY ARE MEANT PURELY AS SELF-HELP FORMS. THE MATERIALS AND SERVICES ARE NOT SUBSTITUTES FOR THE ADVICE OF AN ATTORNEY.
NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH THE USE OF SNUG. ANY AND ALL COMMUNICATIONS BETWEEN YOU AND SNUG ARE PROTECTED BY OUR PRIVACY POLICY BUT NOT BY ATTORNEY-CLIENT PRIVILEGE.
Snug is not a law firm and does not provide any legal advice. As part of our Services, we offer self-help, "fill in the blank" forms. If you buy or download a form on the Website, the Terms of Service control. You understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law. Our Services are not substitutes for the advice of an attorney and if you need legal advice for your specific matter, or if your matter is too complex to be addressed by our tools, you should consult a licensed attorney in your area. At no time is an attorney-client relationship or any other special relationship created between you and Snug or any employee or other person associated with Snug, and any information you provide us is not protected by attorney-client privilege or as work product. You are and will be representing yourself in any matter you undertake using the Services.
We provide online tools and materials to assist you with the preparation, execution and storage of your own legal documents and related information. We strive to keep the documents and other materials available through the Services, including any descriptions, information, templates and other help resources (collectively, the "Document Materials") current and up-to-date; however, they are not legal advice and are not guaranteed to be correct, complete or up-to-date. The law changes rapidly and is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind we provide can fit every circumstance. We do not review the Document Materials or any information you input for accuracy or legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. You understand that our providing of the Services to you is neither legal advice nor the practice of law, and that the Document Materials are not customized to your particular needs. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
If, prior to your use of any legal document, you believe that Snug gave you any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you must not use these documents, and any use of these documents is done at your own risk.
YOU UNDERSTAND THAT ANY SNUG ERROR REVIEW IS AN AUTOMATED PROCESS THAT IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. IT IS ON A BEST EFFORT BASIS AND IS NOT COMPREHENSIVE. YOU AGREE TO READ THE FINAL DOCUMENT(S) BEFORE SIGNING THEM AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
3. Tax Advice Disclosure
Snug does not provide tax advice of any type or for any purpose. Any information regarding taxes in any communication from Snug is intended only for general education and is not to be construed or relied on as tax advice. Although Snug does not provide any tax advice, we do provide this disclosure to comply with requirements imposed by the Internal Revenue Service under Circular 230:
We inform you that any U.S. federal tax advice contained in any communication from Snug is not intended or written to be used, and cannot be used, for purposes of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing, or recommending to another person any matters addressed therein.
4. Financial Advice and Features Disclosure
Snug does not provide any financial advice of any type, for any purpose. Any financial information presented through the site or services is intended for educational purposes only, and is not to be construed as or relied upon as financial advice. Snug is not responsible for, and makes no guarantee regarding the accuracy or validity of any financial insights offered through a third party integration on our website. For example, our product may allow for integration with home ownership data, including estimated value of your real estate. Snug cannot guarantee the accuracy of any data provided through a 3rd party integration on our website. Any graphics or content presented within the Snug tools and services regarding your financial assets is intended solely for informational purposes, and may not represent an accurate picture of your finances or financial health.
5. User Accounts
If you choose to create an account, you will be asked to provide certain registration details or other information, such as first and last name, user name, password and email address (“Account Content”). Your registration details and other information may not be an impersonation of another person. It is a condition of your use of the Services that all the information you provide is correct, current and complete. Snug reserves the right to verify your identity using the information you provide to us as well as publicly available information, including but not limited to your LinkedIn profile. In the event we cannot verify your identity, your Account Content and User Submitted Content (as defined below) may be rejected and your account may be disabled. You agree that all information you provide to register with or use the Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You agree to keep your password confidential and to protect your account. You agree to notify us immediately of any unauthorized access to your account or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information.
6. User Submitted Content.
“User Submitted Content” means any of the content, information or material that you add or input in your use of the Services including the personal information of third parties. User Submitted Content includes but is not limited to documents and content that you input or upload to create your estate planning documents onto the Snug Platform, within your Snug account.
Snug does not own any User Submitted Content. You shall (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data that you submit to the Services; (ii) use commercially reasonable efforts to prevent unauthorized control or tampering or any other unauthorized access to, or use of, the Services and notify us promptly of any unauthorized use or security breach; (iii) comply with all applicable local, state, federal, and foreign laws (including laws regarding privacy and protection of personal or consumer information) in using the Services; (iv) obtain any and all third party consents required by applicable laws and regulations for the transmission and storage of that party’s personally identifiable, private or confidential information through the use of our Services.
Furthermore you are fully liable if such User Submitted Content is infringing upon third party rights, violates any law or regulation or violates any third party rights. You accordingly agree to indemnify Snug for all claims and losses related to such infringement and/or violation. If Snug on its own or if any third party notifies Snug that data stored by the user is in violation of any law, regulation, third party rights or infringes third party rights, Snug shall have the unfettered right to - without liability to the User - immediately bar access to such data without prior notice to the User.
Snug takes no responsibility and assumes no liability for any User Submitted Content that you or any other user or third party posts or sends over the Services. You shall be solely responsible for your User Submitted Content.
7. Snug Proprietary Rights
Except as provided in these Terms of Service, Snug retains all rights in the Services. Except for your User Submitted Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, Document Materials, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the "Snug Content"), and all intellectual property Rights related thereto, are the exclusive property of Snug and its licensors. Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Snug Content or materials on the Services for any purpose not expressly permitted by these Terms of Service is strictly prohibited.
8. User Submissions
We do not accept unsolicited suggestions and/or ideas. All inquiries, feedback, suggestions, ideas, criticism or other information that you provide to us concerning the Services (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for its own purposes, with no obligation to pay you royalties or any other compensation. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or Services. You also acknowledge that Submissions will not be returned and we may use Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products and/or services.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to the Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
9. Limited License
Snug grants you a limited license. Subject to your compliance with these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as designed and as set forth in these Terms of Service. Snug reserves all rights not expressly granted herein in the Services and the Snug Content. Snug may terminate this license at any time for any reason or no reason.
Subject to the other provisions of these Terms of Service, Snug grants you permission to download, view, copy and print Document Materials on any single, stand-alone computer or device solely for your personal, informational, non-commercial use. You agree that you will not download, view, copy, print, replicate or modify the Document Materials in whole or part other than authorized editing or in the course of making a document accurate or effective for your actual individual use of the document for the purpose for which that kind of document exists. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Service. On any such termination, you agree to immediately destroy any downloaded or printed Document Materials and to cease using the service. Any unauthorized use of any Document Materials contained on the Website or available through the Services may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
10. Prohibited Activities
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system to access the Services in a manner that sends more request messages to the Snug servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xiii) reproduce, modify, make derivative works of, publicly perform, publicly display, use, make, have made, sell, offer to sell, export or import any part of the Services (or the related code) except as provided in this Agreement; or (xiv) disassemble, decompile, or reverse engineer any of the Services (or the related code) except to the extent permitted by applicable laws.
11. Changes to the Services
We retain the right to change or stop providing Services and features. We may, without prior notice, change the Services; stop providing the Services or features of the Services, or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service. Any data, account history, Account Content and User Submitted Content residing on the servers running the Services may be deleted, altered, moved or transferred at any time for any reason at Snug's sole discretion, with or without notice and with no liability of any kind. Snug does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on the servers running the Services.
12. Payment
You agree to pay us in accordance with our terms of sale. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment, billing policies, and refund policies applicable to such fees and charges. Snug may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. You authorize Snug to charge your credit card for all fees and charges incurred in connection with your use of the Services, including Snug's fees, government fees, taxes and other third party fees.
13. Data Privacy and Personal Information
Snug stores your personal information, your Account Content and User Submitted Information (collectively “Information”) on remote servers operated by cloud and database service providers to Snug rather than storing it on our own servers. Regardless of where you use our Services or provide Information to us, the Information may be transferred to and maintained on servers located inside and outside the U.S., including to countries outside the European Economic Area (“EEA”). By using our Services you acknowledge, agree and consent to the transfer and processing of your Information both inside and outside of the U.S. and in accordance with the Privacy Policy and U.S. law.
No information transmitted over the Internet can be guaranteed to be secure. We cannot guarantee the security of any Information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorized disclosures of information, we cannot assure you that Information that we collect and that you give us will not be disclosed in a manner that is inconsistent with this Privacy Policy. You assume all such risks with regards to your use of the Services. You understand that Information you provide to us in connection with the Services may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
14. Third Party Materials
The Services may link to independent third-party websites or social media widgets. Such hyperlinks are provided for your reference and convenience only. We are not liable for the availability or accuracy of such third-party sources, and you assume all risk in using them. When you link to them, these third-party sites or services may place cookies and other tracking technologies on your computer and may have different rules for using or sharing any personal information you submit to them. We encourage you to read their privacy policies before submitting your personal information.
When you access third-party websites or interact or communicate with third parties, including other users, through the Services, you do so at your own risk. We are not responsible for the actions, content, information, data, practices, policies or opinions of any third parties, including other users. You are solely responsible for your interactions with other users, and any other parties with whom you interact through the Services. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.
If you have a dispute with one or more third parties, including other users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
In addition to the Services, the Website may also advertise, offer, or make available information, products and/or services provided by third parties (collectively, the “Third-Party Materials”). Third-party products and/or services are governed by separate agreements or licenses with the third parties. We offer no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Materials, including any liability resulting from incompatibility between third-party products and/or services and the products and/or services provided by us. You agree that you will not hold us responsible or liable with respect to the Third-Party Materials or seek to do so.
15. Indemnification
You agree to defend, indemnify and hold harmless Snug and its agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, 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: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Service, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Submitted Content or any that is submitted via your account; or (vi) any other party's access and use of the Services with your unique username, password or other appropriate security code. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
16. Disclaimer of Representations and Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNUG OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SNUG AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SNUG, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICES. UNDER NO CIRCUMSTANCES WILL SNUG BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SNUG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) ANY USER SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. SNUG EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY AND/OR RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION THAT MAY BE DEEMED CONFIDENTIAL BY YOU OR ANY THIRD PARTY. IN NO EVENT SHALL SNUG, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING ONE HUNDRED DOLLARS ($100). THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SNUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
18. Electronic Delivery Statement and Your Consent
You agree to receive legal notices and other information concerning us or the Services electronically, including notice to any email address that you may provide.
19. Term and Termination
These Terms will remain in effect until terminated by you or us. We reserve the right to terminate or change the Services or your access to the Services, without notice, at any time and for any reason, including your violation of these Terms or for business reasons. We also reserve the right to pursue any additional remedies available in law or equity.
You agree that we may, for any reason and without notice to you, immediately terminate or otherwise restrict your access to the Services. We have no obligation to maintain, store, or transfer your Information including Your Submitted Content that you have posted on or uploaded to the Services.
The disclaimer of warranties, limitation of liability, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions survive any termination.
20. Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
21. Choice of Law
You agree that the laws of the State of Colorado and U.S. federal law govern these Terms, your use of the Services, and any claim or dispute that you may have against us, without regard to Colorado’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
22. Binding Arbitration and Jurisdiction
In the rare event you have a dispute with us, we encourage you to contact us immediately so we can work together toward a satisfactory resolution. If we cannot come to a resolution, you agree that any claims, disputes, demands, counts, controversies, or causes of action between you and us arising out of or relating to these Terms, the Services, including the enforceability of these Terms or our Privacy Policy or information practices will be finally and exclusively resolved by binding arbitration on an individual basis only (except as stated below). The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding, unless we provide express prior written consent.
YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE YOUR CLAIMS HEARD IN COURT BY A JUDGE OR JURY. AN ARBITRATION AWARD IS AS ENFORCEABLE AS A COURT ORDER AND IS SUBJECT TO ONLY LIMITED REVIEW BY A JUDGE. YOU ALSO UNDERSTAND AND AGREE THAT THIS ARBITRATION PROVISION PREVENTS YOU FROM PARTICIPATING AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties. You can find out more about AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required. Except as otherwise provided in these Terms, you and we may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and us shall be exclusively brought in the state or federal courts of Colorado.
23. Severability and Integration
These Terms and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and us. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The paragraph headings used herein are for convenience only and shall not be used to limit any portion of these Terms of Service.
24. General Provisions
You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of our business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
25. Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at hello@getsnug.com or in writing at 2130 Arapahoe St., Suite 400, Denver, CO 80205.
26. Contact Information
The Services are operated by Snug Inc. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at:
- hello@getsnug.com
