The agreement between you and Slabbie LLC that governs your account and your use of the Services.
Slabbie, LLC, through its various divisions and affiliate entities (as further identified below as the Slabbie Entities) (collectively and individually referred to herein as, “we” or “Slabbie”) maintains websites, mobile applications, hardware, and related tools that allow vendors and collectors of trading cards to identify graded and sealed collectible items, retrieve market pricing and population data from licensed third-party sources, manage an inventory of those items, and generate and print identification labels (collectively referred to as the “Services”). Each Service is provided subject to the terms and conditions and instructions applicable to the specific Service (for each Service, the “Terms of Service” is incorporated herein by this reference) and the service fees, prices, rates, and charges provided for that Service, as well as the terms and conditions provided in this User Agreement (collectively with the Terms of Service, the “Terms”). In the event of any inconsistencies between the terms of this User Agreement and the Terms of Service for a specific Service, the terms of this User Agreement will control.
Services are provided by the various divisions and affiliates of Slabbie, LLC as well as each of their officers, directors, shareholders, members, managers, employees, agents, representatives, officials, attorneys, associates, and trustees (each, a “Slabbie Entity” and collectively, the “Slabbie Entities,” "we," "us," or "our"). These Terms constitute a binding legal agreement between you and each of the Slabbie Entities as applicable.
BEFORE CREATING OR USING A SLABBIE ACCOUNT OR USING ANY SERVICE, YOU SHOULD CAREFULLY READ THIS USER AGREEMENT AND THE APPLICABLE TERMS OF SERVICE. By opening or using an account or otherwise using any Services, you agree that your Account (as defined below) is governed by the Terms and you agree to be bound by the Terms. If you do not agree to the Terms, then you should not create or use an Account or otherwise use the applicable Services. Should you object to any of the Terms, or any subsequent modifications, or become dissatisfied with any Services, your sole remedy is to discontinue use of the applicable Services and properly cancel your Account in the manner provided in the Terms.
PLEASE BE ADVISED THAT, TO THE EXTENT PERMITTED BY LAW, THIS USER AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. READ THESE TERMS CAREFULLY BECAUSE THEY CONTAIN: (I) LIMITATIONS OF LIABILITY AND DISCLAIMERS REGARDING RISK OF LOSS AND DAMAGES; AND (II) A PROVISION REQUIRING ARBITRATION OF DISPUTES BETWEEN US, INSTEAD OF CLASS ACTIONS OR JURY TRIALS (which is not applicable to Canadian users) (See Section 19 below for the Dispute Resolution and Arbitration terms).
We reserve the right to update and make changes to the Terms at any time by updating this page or providing notice to you electronically or as otherwise permitted under applicable law. We may also update and make changes to the terms applicable to each Service as further set forth in the applicable Terms of Service. Updates and changes take effect when we post them. Your continued access to or use of your Account and any Services after any updates and/or changes indicates your acceptance to the Terms as modified. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. It is your responsibility to periodically visit this page and review the Terms for updates.
The Services allow you to identify a graded or sealed collectible item, retrieve information about it, and produce a label for it. When you scan an item, we read its certification or product identifier and query our own systems and those of licensed third-party data providers to return the item's identity, population data where available, and market pricing. We also compute and display our own price estimate derived from that data (the “Slabbie Estimate”). We make a conscientious effort to display and describe items and their specifications accurately based on the information we receive, and users may also add their own images and information. We do not guarantee that any item image, specification, population figure, market price, or estimate displayed is or will remain accurate, complete, or current. Third-party data is provided by its respective owners and we do not control it. Slabbie is not a marketplace: we do not list items for sale, host transactions, connect buyers with sellers, or take any part in or receive any share of any sale. We have no affiliation with and do not endorse any individual seller, dealer, grading company, or data provider. Any purchase or sale you make is solely between you and the other party, and we are not a party to it. Your decision to buy, sell, or price any item is your own and should be based on your own informed evaluation.
No Content (as defined below) presented with any Services should be viewed as legal, tax, investment, financial, professional, or other advice. Content available on the Services is information of a general nature and does not address the circumstances of any particular individual or entity or constitute a comprehensive or completed statement of the matters discussed or the law relating to such matters. Slabbie is not a fiduciary by virtue of any person’s use or access to the Services or any Content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any Content on the Services before making any decisions based on such Content. There are risks associated with buying, selling, trading, holding, or otherwise engaging with collectible items. These risks include risk of loss. A collectibles’ past financial performance is not a guarantee of future financial performance. For the avoidance of doubt, the Slabbie Estimate and any market price, population figure, or other valuation displayed or printed by the Services is informational only. It is not an appraisal, an offer, a guarantee of value, or a representation that any item can be bought or sold at that figure.
To use the Services, you must set up an account by providing true, current, complete and accurate information as prompted by the registration form (an “Account”). You will create a password upon submission of account registration. Each user setting up an Account is responsible for keeping the account information and password secret and confidential. You are solely responsible for any communications, submissions, or other uses made using your Account, as well as for any obligations that may result from such use. You are responsible for updating your Account with current and accurate information (such as a change in address, phone numbers, e-mail, etc.). You agree to immediately notify us of any unauthorized use of your password or Account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this provision or unauthorized use of your Account attributable to you. If we believe the details are not correct, current, or complete, we have the right to refuse access to Services, or any of its resources and to terminate or suspend your Account. The Services are available to people who have reached the age of legal majority and can form legally binding agreements under applicable law and are otherwise eligible to open an account for Services. Neither the Services nor account registrations are available to any person who has previously had an Account or Slabbie Entity account disabled or had Services terminated by us due to violations of law or Slabbie Terms or policies.
WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OR CANADA. If you open an Account or obtain Services from outside the United States or Canada, you (i) do so at your own risk and are responsible for complying with the laws and regulations of your territory of residence in connection with the submission and (ii) understand that Terms and your use of the Services are governed by the laws as set forth in this User Agreement or the applicable Terms of Service.
Accounts are personal, non-transferable, and limited to a single individual. There cannot be joint owners of an Account and only the individual authorized under the Account may request or obtain Services under that Account. If you create or use an Account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such Account is owned and controlled by the business entity. We reserve the right to limit or modify account registration at any time and to accept or refuse registration at our discretion.
Personal information you provide in connection with your Account or use of the Services is subject to the Slabbie US Privacy Notice or Slabbie Global Privacy Policy, as applicable.
Content included on the Services, including without limitation information, data, software, images photographs, videos, and other materials, including but not limited to third party facts (collectively “Content”) is protected by copyright, trademark, patent or other intellectual property and proprietary rights (“Rights”). Slabbie or a Slabbie Entity (including its vendor(s) or licensor(s)) owns and retains all Rights in the Content, to the fullest extent allowed by such laws, including the copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as expressly authorized or licensed in writing, you may not copy, modify, delete, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content or Rights, in whole or in part. The software, applications, algorithms and technology, including without limitation all Rights therein, used to provide the Services and functionality remain the exclusive property of the applicable Slabbie Entity (and its vendors and licensors).
We grant you a limited, revocable, non-transferrable, non-sublicensable, non-exclusive license to access and make informational, personal and non-commercial use of the Services and Content (as defined above) in accordance with the applicable Terms and this User Agreement. You may view, use, and copy certain materials from the websites of Slabbie and its affiliates and Services in a manner consistent with the applicable Terms of Service for non–commercial, personal use, provided you retain all copyright, trademark and other proprietary notices contained in the Content, do not modify or alter the material, and do not copy or post the material on any network computer or broadcast the material in any media (other than as expressly permitted by the applicable Terms of Service). It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the Content for public or commercial purposes, including for purposes of minting or creating non-fungible tokens (other than as permitted in the applicable Terms of Service) without written permission from an authorized representative of Slabbie or its applicable affiliate entity.
Slabbie may revoke this license at any time in its sole discretion. Trade names, trademarks, and service marks of Slabbie, and associated goodwill, remain the property of Slabbie or a Slabbie Entity, as applicable, and all use by you shall inure to the exclusive benefit of the foregoing entities, respectively. All trademarks and service marks on the websites and Services not owned by Slabbie are the property of their respective owners. Nothing contained on the websites or any Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trade name, trademarks, or service marks, without our express prior written consent.
We charge fees for the use of our Services. The service fees, prices, rates, and charges we charge are listed with the applicable Services and exclude applicable taxes. We may change our fees from time to time by posting the changes with the applicable Service in accordance with the Terms of Service, but may not provide advance notice for temporary promotions or any changes that result in the reduction of fees. Certain Services may require you to have a payment method on file and require that you pay all fees and applicable taxes associated with your use of that Service by the payment due date. If your payment method fails or your Account is past due, we may terminate or place restrictions on your Account or take such other measures as set forth under the Terms of Service or applicable law. IF YOU PURCHASE SERVICES, WE WILL CHARGE THE PAYMENT METHOD YOU PROVIDE. We anticipate authorizing and charging your payment method at the time of purchase for the value of your order plus any applicable taxes and shipping charges. You authorize us to charge your payment method when we bill you for the charges incurred by you. FOR ANY SERVICES SUBJECT TO SUBSCRIPTIONS, UNLESS YOU NOTIFY US BEFORE A RECURRING CHARGE THAT YOU WANT TO CANCEL, YOU UNDERSTAND THAT YOUR SUBSCRIPTION FOR SERVICES WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, EXCEPT AS REQUIRED BY APPLICABLE LAW) TO CHARGE THE PAYMENT METHOD WE HAVE ON FILE FOR YOU TO COLLECT THE THEN-APPLICABLE FEE AND TAXES.
For products that may be available for purchase on Slabbie websites, those products are subject to the terms of purchase and shipping, returns and refunds policies provided at the time of purchase.
In order to use Services made available through the mobile applications provided by us, you must have a compatible mobile device; we do not warrant that any applications will be compatible with your mobile device. If you access an application using an Apple iOS or Android powered device, Apple Inc. (“Apple”) or Google, Inc. (“Google”), and their subsidiaries, respectively, shall be a third-party beneficiary to these Terms with respect to the applications. However, these third-party beneficiaries are not a party to these Terms and are not responsible for the provision or support of the applications. You agree that your access to the applications are also subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. The applications may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances, updates and/or new versions may reduce or remove features and functionality in prior versions of the applications. You acknowledge that Apple and Google are not responsible for addressing any claims by you or any third party relating to the applications or your possession and/or use of the applications, including, but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You further acknowledge that, in no event, shall Apple or Google be responsible for the investigation, defense, settlement and discharge of any third-party claim that the application infringes that third party’s intellectual property rights.
A label you print through the Services may carry a QR code and a short link to a page we host describing that item. Those pages are public. They are not password protected, they are reachable by anyone who has the link or scans the code, and they may be indexed by search engines. A public item page displays the item's identity and information about it, and displays the shop name, website link, link label, and logo you have provided in your Account. It does not display your email address, what you paid for an item, or any other part of your collection. A published page stops displaying a price thirty (30) days after the label was printed. After that the page remains reachable and continues to identify the item, so that a previously printed code does not fail, but it no longer displays a price. If you delete your Account, we remove your shop name, website link, link label, and logo from every page you have published; the page itself may remain reachable and continue to identify the item.
Certain information made available through the Services, including pricing, population, and item identification data, is licensed to us by third parties. That data remains the property of its respective owner and is subject to the terms of our agreements with them. A complete and accurate list of our third party obligations can be found in our Terms of Service. You may not extract, scrape, redistribute, resell, or create derivative databases from third-party data made available through the Services. If our agreement with a data provider ends, we may be required to remove that provider's data from the Services, including from pages you have published, within the period that agreement requires.
Certain paid plans include backup of your collection data to our servers. Storage is capped at the limit stated for your plan. When you reach the cap, further uploads stop and we notify you; we do not bill for overages and we do not delete your existing stored data on reaching the cap. If your paid subscription lapses, your collection remains visible to you but becomes inert, and any cloud backup becomes read-only and is retained. Backup is a convenience and not an archival service. We do not guarantee that stored data will be available, complete, or recoverable, and you remain responsible for maintaining your own copies of anything you cannot afford to lose.
When you create or use an Account, access Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically and you can retain copies of these communication for your records. We may communicate with you by e-mail, by posting notices on the websites for the Services, or as otherwise permitted under applicable law. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Terms. You understand and agree that we, and anyone contacting you on our behalf, may send communications to you at any telephone number that you have provided us in any manner, including using a pre-recorded or artificial voice or an automatic telephone dialing system, including, but not limited to, communications concerning orders placed through your Account or otherwise on the Services. Slabbie may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications.
By submitting or uploading comments, text, images, photographs, shop names, logos, links, or other content to the Services (“Your Content”), you grant Slabbie, its affiliate entities, and those acting at their direction, a perpetual, irrevocable, worldwide, royalty-free, sublicensable, assignable, right and non-exclusive license to host, store, reproduce, publicly display, distribute, and reformat Your Content, and to permit our service providers to do the same on our behalf, in each case solely for the purpose of operating and providing the Services to you. This includes displaying your shop name, website link, link label, and logo on the public item pages you publish; transmitting an image you capture to our licensed identification provider so that an item can be read; storing and backing up Your Content; and resizing or reformatting an image so that it renders on a page or prints on a label. We do not use Your Content for any other purpose. We may (i) retain copies in routine backups for a commercially reasonable period, (ii) retain scanned images to use them to improve the accuracy of our identification and pricing services, and (iii) we may continue to serve any public item page previously published, with your shop name, website link, link label, and logo removed. We may delete Your Content after a reasonable period consistent with our then-current policies or upon termination of your Account. Your Content may become inaccessible or be deleted for other reasons, and you should not rely on the Services for storage or archiving of Your Content. We suggest you keep your own backup copies.
You are responsible for all Your Content. By posting Your Content, you represent and warrant that Your Content is your own original work or is being posted with the permission of the owner of that content and Your Content does not infringe or violate the copyright, trademark, trade secret, personal, privacy or other rights or interests of any person or entity. You must share only the photos and posts that you have the right to share. For the avoidance of doubt, you hereby assign, and agree to assign, all your rights in any and all Submissions to Slabbie, and you hereby waive and agree to waive all moral and other non-assignable rights relating thereto. Please note that we reserve the right to remove Your Content or information if we believe it violates the Terms or applicable laws.
Submissions. We do not accept ideas, concepts, techniques or other materials whether or not relating to new services or products through the Services. Notwithstanding the foregoing, any communication or material you submit to us, such as questions, comments, ideas, feedback, suggestions or the like (collectively “Submissions”), will be treated as non-confidential and nonproprietary and may be used by us for any purpose without notice or compensation to you and without any further consent by you. We will be under no obligation whatsoever to use, respond to, or pay any compensation with respect to any Submission. The act of providing any Submission constitutes an assignment to us of all worldwide right, title and interest, including copyright and other intellectual property rights, in the Submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by us might seem to others to be similar to their own submissions or comments.
We have the right, but no obligation, to monitor Your Content posted on the Services by users to determine compliance with the Terms, any other operating rules established by us for those Services and to comply with any law, regulation, or authorized government request.
You agree to access and use your Account and the Services and all Content in accordance with the Terms and all applicable laws. You agree to remain courteous and respectful toward our employees, contractors, agents, and representatives and our partners and other users of the Services. Your access to and use of your Account and the Services is conditioned on your compliance with the rules of conduct set forth below. You agree not to:
use the Services or Content for any unlawful, fraudulent, or malicious purposes;
manipulate the price of any item or interfere with any other user's listings;
interfere with or attempt to disrupt the operation of the Services, including, without limitation, any act that could disrupt, damage, disable, overburden, or impair the systems, servers, or networks used to make the Services available; or violate any requirements, procedures, policies or regulations of such networks;
circumvent or attempt to circumvent any security or authentication measures implemented by us or on our behalf;
modify, adapt, translate, or reverse engineer any portion of the Services or Content;
attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
use Services or Content for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes, without our prior express written consent;
frame or mirror any portion or feature of the Services or Content, or commercialize any Slabbie application or any Content associated with such application;
use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) retrieve, scrape, access, acquire, copy, or monitor any portion of the Services or Content; (2) reproduce or circumvent the navigational structure or presentation of the Services or Content; or (3) data mine, obtain, or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services;
transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
forge headers or otherwise manipulate identifiers;
post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability; and/or violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Slabbie, its affiliates, or any other person or entity. We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to us, the Services, Content, our users, our brand, or any other person or entity, or that violates the Terms and/or applicable law. We shall be the sole arbiter in cases of suspected abuse, fraud, or violations of the Terms, and any decision we make relating to termination or disabling of any Account or access to and use of Services shall be final and binding.
Any programs, offers, discounts, sweepstakes, contests, surveys or other similar promotions (collectively, "Promotions") made available through the Services may be governed by rules and/or terms that are additional to the Terms. By participating in any such Promotion, you will become subject to any such additional Promotion terms. We urge you to read the applicable Promotion terms prior to participating in any Promotion.
We may from time to time, without any notice or obligation to users, at our sole discretion (i) make changes, delete, adapt, or make available additional features on the Services; (ii) interrupt the operation of the Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; or (iii) impose limits on certain programs, features, and services, or restrict your access to the Services, in whole or in part.
We may limit, suspend or terminate, at our sole and absolute discretion, any Account (in whole or with respect to a particular Service) or access to Services immediately if we believe the Account holder has acted inconsistently with the Terms or the law or acted in a manner harmful to us. We may further, in our sole discretion and without limiting other remedies, delay or remove hosted content; remove any special status associated with your Account(s); remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. We shall be the sole arbiter in cases of suspected abuse, fraud or violation of the Terms, and any decision we make relating to termination or disabling of an Account, or access to or use of a Service, shall be final and binding. To the fullest extent permitted by applicable law, we also reserve the right to modify, terminate or withdraw any Services or any Content at any time without notice. Upon termination, we will take such actions are provided in the Terms of Service for the applicable Services.
You may delete your Account at any time from within the Slabbie mobile application. Deletion removes your authentication credentials and the data we hold for your Account from our servers, removes your shop name, website link, link label, and logo from every public item page you have published, and is described in full in our Privacy Notice. You may also request cancellation in writing to Slabbie at the address below. Any termination or cancellation of applicable Services is subject to the applicable terms for that Service. We also may cancel unconfirmed Accounts or Accounts that have been inactive for a long time.
As a convenience to our users, the websites contain products and services offered by, and hypertext links to websites owned or operated by, parties other than Slabbie Entities (“Linked Sites”). When you select these hyperlinks to access Linked Sites, you will leave the website operated by the Slabbie Entity providing the Services. Because we have no control over the content on that Linked Site, we are not responsible for the availability of such Linked Site or its content. We do not adopt, endorse, nor are we responsible or liable for any such Linked Site or its content, including advertising, products or materials, on or available through such site or its resources. A link to a non–Slabbie website does not imply or constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such Linked Site. We reserve the right to terminate any hyperlink to a Linked Site at any time without notice. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON LINKED SITES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTIES. PLEASE NOTE THAT THE USAGE TERMS, PURCHASE TERMS AND/OR PRIVACY POLICIES AT LINKED SITES MAY VARY FROM OUR TERMS SO PLEASE MAKE SURE TO CHECK THE TERMS AND POLICIES APPLICABLE TO SUCH OTHER LINKED SITES AND THEIR PRODUCTS AND SERVICES PRIOR TO USE. Linking to any page on any of the Services is strictly prohibited in the absence of our prior written consent. Any website or other device that links to the Services is prohibited from (a) replicating Content, (b) framing or using border around the Content, (c) implying in any fashion that we are associated with that website or is endorsing that website or its products, (d) misrepresenting any state of facts, including its relationship with us, and (f) using any logo or trademark of Slabbie (or any of its affiliates) without express prior written permission from Slabbie. We may, in our sole discretion, block links to the Services and Content without prior notice.
(Not applicable to Canadian users.) PLEASE READ THIS SECTION CAREFULLY—IT AFFECTS YOUR RIGHTS.
By accepting this User Agreement, you and each of the Slabbie Entities agree to the terms and conditions of this dispute resolution process and arbitration agreement. That means we are agreeing to resolve any and all disputes between us or claims and/or causes of action between us (“Claims”) through binding arbitration or small claims dispute procedures (unless you opt out), and are also agreeing to waive the rights to a jury trial and to participate in any class action suit. Additional terms and conditions governing a dispute between us, including disclaimers of certain warranties, limitations of liability, your indemnification obligations, and governing law are set out in separate sections in this User Agreement.
To expedite resolution of disputes and control related costs, you and we agree that any past, present, or future legal or equitable Claims will be resolved as follows.
YOU AND WE EACH AGREE THAT, EXCEPT AS DISCUSSED BELOW, ANY AND ALL CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THIS USER AGREEMENT, ANY TERMS OF SERVICE, THE PRIVACY POLICY, YOUR USE OF ANY SERVICE OR WEBSITE, OR YOUR RELATIONSHIP WITH SLABBIE OR ANY SLABBIE ENTITY WILL BE RESOLVED THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT.
You and we each agree that our agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution process. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow this agreement and can award the same damages and injunctive relief as a court.
Your right to opt-out of the Arbitration Agreement. YOU MAY CHOOSE TO PURSUE CLAIMS IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS AFTER THE DATE YOU FIRST BECOME BOUND BY THIS AGREEMENT (the “Opt Out Deadline”). If you do not wish to be bound by this Arbitration Agreement, you must timely notify us by sending an email to [EMAIL]@Slabbie.com within 30 days after the date you first become bound by this Arbitration Agreement and providing the following information in your email: (1) your name; (2) your address; (3) your phone number, and (4) a clear statement that you wish to opt out of this Arbitration Agreement. Any opt-out notice received after the Opt Out Deadline will not be valid and you will be required to pursue your claim in arbitration or small claims court. Opting out of this Arbitration Agreement has no effect on any other arbitration agreement(s) you may currently have with us, and all such arbitration agreements remain in effect unless superseded by this Arbitration Agreement, and you cannot use this procedure to opt out of any earlier version of this Arbitration Agreement.
Informal resolution. You and we agree to try to resolve any Claim informally, including by negotiating to resolve your claim in good faith. You agree that you may not start a formal proceeding for at least 60 days after you notify us of a Claim in writing, consistent with the Notice and Demand requirements below. For the avoidance of doubt, this informal resolution process is a mandatory contractual condition precedent to any formal proceeding, and any formal proceeding may not commence until you have complied with this informal resolution process. Before filing a demand for arbitration or small claims action, in order to give us an opportunity to informally resolve your claim, you must first send us, by email, a written Notice of Dispute (“Notice”). The Notice must include (i) your name; (ii) your contact information (including your email address, physical address, and phone number); (iii) a summary of your claims; and (iv) a reasonable detailed calculation of your alleged damages. The Notice should be emailed to DisputeNotice@Slabbie.com. You and we agree to negotiate in good faith for at least 60 days after the Notice is received in an effort to resolve the Claim. If we do not reach an agreement to resolve the Claim after 60 days or immediately upon the Slabbie Entity’s denial of your Claims, you or we may start an arbitration by filing a Demand for Arbitration (“Demand”), as set forth below, or start small claims court proceedings.
Formal resolution. If we cannot resolve a Claim informally, then either you or we may seek to formally resolve any Claim by starting arbitration or small claims proceedings under the following agreed procedure and rules.
To begin arbitration, you must send a Demand to us and to the American Arbitration Association (“AAA”). You and we agree that any and all Claims will be submitted to final, binding, and confidential arbitration before the AAA under either its Consumer Arbitration Rules, its Commercial Arbitration Rules, or its Mass Arbitration Supplementary Rules, as applicable to a particular dispute (“AAA Rules”). Where any of the AAA rules conflict with the terms of this arbitration agreement, however, the terms of our agreement will control. Our agreement to arbitrate is retroactive in effect and applies to all Claims regardless of whether they accrued before or after the User Agreement and this agreed dispute resolution procedure went into effect.
Our agreement to submit all Claims to arbitration includes all disputes or questions about arbitrability, all claims for temporary, injunctive, or declaratory relief, and all claims arising under any federal or state statute, rule, or regulation. ARBITRATION MEANS THAT YOU AND WE WAIVE OUR RIGHT TO A JURY TRIAL. WE BOTH UNDERSTAND THAT ARBITRATION IS A DISPUTE-RESOLUTION PROCESS THAT IS DIFFERENT FROM FILING A LAWSUIT IN COURT AND THAT BY AGREEING TO SUBMIT ALL CLAIMS TO ARBITRATION, YOU AND WE ARE EACH GIVING UP OUR RIGHT TO FILE A LAWSUIT AND OUR RIGHT FOR A JURY TO DECIDE OUR CASE. YOU CAN OPT OUT OF THE ARBITRATION BY FOLLOWING THE INSTRUCTIONS ABOVE. You and we agree that Claims submitted to merits arbitration will be decided in a single arbitration before a single arbitrator. The arbitrator must be a retired state court or federal court judge. The arbitrator will be selected using the following procedure: (1) the AAA will send the parties a list of five candidates that are former judges; (2) if the parties cannot agree to select an arbitrator from that list of five, then within 14 days, each party will return its list to the AAA striking up to two candidates and ranking the remaining candidates by order of preference, (3) the AAA will appoint as arbitrator the candidate with the highest preferred ranking on an aggregated basis; and (4) if for some reason appointment cannot be made under this procedure, the AAA will have discretion to appoint an arbitrator of its choosing that is a former judge. You and we agree that if the AAA determines that the Mass Arbitration Supplementary rules apply and that a Process Arbitrator should be appointed, then the same process will be used to select the Process Arbitrator.
An arbitrator may award any relief on an individual basis that would be available in court, including injunctive or declaratory relief and attorneys’ fees.
We will pay or reimburse all AAA filing, administration, and arbitrator fees in arbitrations that the AAA determines are consumer arbitrations. In addition, for claims under $75,000 as to which you provided Notice and negotiated in good faith before starting an arbitration, if the arbitrator finds you are the prevailing party in the arbitration, then you will be entitled to recover reasonable attorneys’ fees and costs. However, notwithstanding anything to the contrary contained herein, if the arbitrator finds that either the substance of the claim or the relief sought was frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not pay or reimburse the AAA filing, administration, and arbitrator fees (which will otherwise be governed by the AAA rules), will not pay your attorneys’ fees and costs, and may seek an award of our legal fees or costs against you and/or your counsel. Except for claims determined to be frivolous or brought for an improper purpose, we agree not to seek recovery of our attorneys’ fees from you even where it might otherwise be permitted under applicable law.
If the Claims asserted in any request or demand for arbitration could have been brought in small claims court (e.g., for Claims that do not exceed the jurisdictional limit of small claims court), then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing.
Class action waiver. YOU AND WE AGREE THAT FOR ANY PROCEEDINGS, WHETHER BROUGHT IN ARBITRATION OR COURT, CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. THAT MEANS YOU AND WE WAIVE THE RIGHT TO BRING A CLASS ACTION AND CANNOT ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR NON-REPRESENTATIVE MEMBER OF A CLASS. Furthermore, you and we agree that neither you nor we may pursue claims in arbitration as a class or collective action, private attorney general action, or other representative action. The arbitrator shall have the authority to award relief only on an individual basis. The AAA Rules for Class Actions will not apply to our arbitration. If you opt out of this dispute resolution process and arbitration agreement as described above, this class action waiver will not apply to you. Neither you, nor any other individual, can be a class representative or class member in a class, consolidated, or representative proceeding without having complied with the opt out requirements above. If, for any reason, a court or arbitrator holds that these restrictions are unenforceable with respect to a particular claim, remedy, or request for relief, and all appeals from that decision have been exhausted (or the decision is otherwise final), you and we agree that the particular claim, remedy, or request for relief (and only that particular claim, remedy, or request for relief) may be severed from the arbitration and proceed in a court of competent jurisdiction but shall be stayed pending arbitration first of all remaining claims, remedies, and requests for relief.
Batch arbitration. To increase the efficiency of administration and resolution of arbitrations, you and we agree that in the event that there are twenty-five (25) or more individual arbitrations of a substantially similar nature filed against us by or with the assistance of, or in a coordinated manner by, the same law firm, group of law firms, or organizations, or by law firms or organizations acting in concert with one another (collectively, “Claimant’s Counsel”), within a reasonably proximate period of time, the AAA’s Mass Arbitration Supplementary Rules and the related Fee Schedule shall apply to the arbitrations, except as otherwise set forth below.
The AAA shall (i) administer the arbitrations in batches of 100 arbitrations per batch (or, if between 25 and 99 individual arbitrations are filed, a single batch of all those arbitrations, and, to the extent there are less than 100 arbitrations remaining after the batching described above, a final batch consisting of the remaining arbitrations); (ii) appoint one arbitrator that is a former judge for each batch using the process set out above; and (iii) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be selected by Claimant’s Counsel or, if Claimant’s Counsel does not have a preference, by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (the “Batch Arbitration process”).
The parties agree that they will jointly select a single batch (the “First Batch”) to proceed prior to the remaining batches (the “Remaining Batches”). In the event that the parties cannot agree on the First Batch, the Process Administrator shall select the First Batch to proceed prior to the Remaining Batches. The Remaining Batches shall remain stayed pending the resolution of the First Batch, and any applicable limitations periods (including statutes of limitations) for the Remaining Batches shall be tolled pending the resolution of the First Batch. After resolution of the First Batch, if the parties are unable to informally resolve the Remaining Batches, they shall participate in a global mediation session with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the Remaining Batches (as informed by the resolution of the First Batch). We shall pay the mediator’s fee. If the parties cannot resolve the Remaining Batches after the global mediation session, the AAA shall administer the Remaining Batches concurrently, to the extent possible.
The parties agree that arbitrations are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the parties shall advise the AAA, and the appointed Process Arbitrator (under the AAA’s Mass Arbitration Supplementary Rules) shall determine the applicability of the Batch Arbitration process. To expedite resolution of any such dispute by the Process Arbitrator, the parties agree the Process Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly.
You and we agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for each batch of arbitrations, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator(s) in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration process shall in no way be interpreted as authorizing a class, collective and/or representative arbitration or action of any kind.
Jury trial waiver. If a Claim proceeds in court rather than arbitration, YOU AND WE EACH STILL WAIVE ANY RIGHT TO A JURY TRIAL.
Severability. If any part of this dispute resolution process and arbitration agreement is held invalid and unenforceable, then that part may be severed from the rest of the agreement. You and we agree that any ruling by an arbitrator or court allowing any claimant to seek relief for other persons in a representative capacity would be contrary to your and our intent and would require immediate judicial review. If we believe that any Claim you have filed in arbitration or in court is inconsistent with the class action waiver, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.
Please note that some jurisdictions may not permit the exclusion of implied warranties, so some of the exclusions below may not apply. However, the disclaimers will apply to the fullest extent permitted by applicable law.
THE SERVICES AND ALL CONTENT AND PRODUCTS ARE SUBJECT TO CHANGE AND PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, LEGAL OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND SLABBIE AND ITS PARENT, AFFILIATES, SUBSIDIARIES, DESIGNEES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD–PARTY CONTENT PROVIDERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE (COLLECTIVELY, “RELEASED PARTIES”) TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES. SLABBIE RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM ITS WEBSITES OR ITS SERVICES AT ANY TIME IN ITS SOLE DISCRETION. Without limiting the foregoing, we neither warrant nor represent that (i) your use of any Content will not infringe the rights of any third parties; (ii) the Content or information contained on Linked Sites will be accurate, reliable, complete or up-to-date; (iii) Content provided on the Services is applicable to, or appropriate for use in, locations outside of the United States or Canada; (iv) your access to the Services will be secure, uninterrupted or free of errors or other harmful components; (v) you will be satisfied with the products or services that you purchase from a Linked Site or any dealer, retailer, or provider listed on the Service; or (vi) the results you may obtain by accessing or using the Services or Content. We assume no responsibility or liability arising from any material or information that may be provided by any third party. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ANY ITEM IDENTIFICATION, POPULATION FIGURE, MARKET PRICE, SLABBIE ESTIMATE, OR PRINTED LABEL GENERATED BY THE SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR FREE OF ERRORS, OR THAT ANY PRINTED LABEL WILL SCAN, RESOLVE, OR ADHERE CORRECTLY.
Some jurisdictions do not allow the exclusion or limitation of liability or of particular types of damages, so the limitations or exclusions below may not apply to you in their entirety but will apply to the fullest extent permitted by applicable law.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. IN NO EVENT WILL ANY SLABBIE ENTITY OR ANY RELEASED PARTIES BE RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES, DOWNLOAD OF ANY CONTENT OR ACCESS TO ANY LINKED SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SLABBIE NOR ANY SLABBIE ENTITY OR OTHER RELEASED PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY OF USE OF THE SERVICES OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
If you have a dispute with one or more users, you release Slabbie (including, our parent and affiliates entities, all Slabbie Entities, and our and their respective and their respective officers, directors, employees, agents, contractors, and representatives) from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
IF ANY PORTION OF THE LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE FEES OR CHARGES PAID BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY FOR THE APPLICABLE SERVICES.
Without limiting the generality of the foregoing, you hereby waive the provisions and protections of the California Civil Code Section 1542, which provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
You agree to indemnify, defend, and hold harmless Slabbie, all its parent and affiliate entities, Released Parties, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, losses, damages and costs, including reasonable attorneys’ fees and related expenses, arising out of or related to (i) breach of any of the Terms by you or anyone acting on your behalf; (ii) your activities in connection with use of the Services; and/or (iii) any fraud, misconduct, or violation of applicable law in connection with the use of the Services. Slabbie reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to this indemnification by you. You will not enter into any settlement agreement which affects the rights of any of the indemnified parties or requires the taking of any action by any of them, without our prior written approval.
Software and other materials available through the Services may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (i) into Cuba, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) any person on the United States Treasury Department’s list of Specially Designated Nationals (viewable at https://ofac.treasury.gov/specially-designated-nationals-and- blocked-persons-list-sdn-human-readable-lists) or the U.S. Commerce Department’s Table of Deny Orders (viewable at https://www.bis.gov/licensing/end-user -guidance/denied-persons-list-dpl). We do not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Laws.
To the fullest extent permitted by applicable law, and except as otherwise expressly stated in the Terms of Service for a specific Service, these Terms and all claims arising out of or relating to this User Agreement, your Account, your relationship with Slabbie or any entity providing Services, and use of the Services, will be governed by, construed, and enforced in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of laws.
Under California Civil Code Section 1789.3, California users of the Services 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
The relationship between the parties is that of independent contractors. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement and we nor you have the authority to contract or bind each other in any manner whatsoever. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, then the remainder shall continue in effect. The Terms (and applicable policies, guidelines, and documentation provided with the Services) represent the entire agreement between you and Slabbie (and the applicable Slabbie Entity providing the Services) with respect to access and use of your Account and Services and supersede any prior statements or representations. When an issue arises with respect to use of Services, we may consider the user’s performance history and the specific circumstances in applying our policies. We choose, in our sole discretion, how to enforce these Terms and our policies and guidelines in an effort to do the right thing for our users. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate an Account with anyone, for any reason at our discretion.
Written Support (Email): support@slabbieapp.com. Mailing address: Slabbie, LLC, 13036 SE Kent Kangley Rd #444, Kent, WA 98030, United States.