Terms and conditions

Last updated September 29th, 2021.

 

Please read these Terms and Conditions (“Terms” or “Terms and Conditions”) carefully before using the Sticky website, the Sticky desktop application and the Sticky mobile application (together, or individually, the “Service” or the “App”) operated by Sticky Technologies, Inc. (“Sticky”, “us”, “we”, or “our”). For purposes of these Terms, “you” and “your” means you as the user of the Service.

 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. By downloading or using the App, these terms will automatically apply to you – you should make sure that you read them carefully before using the app. Besides these terms, we also publish a Privacy Policy. Although it’s not part of these terms, we encourage you to read it to better understand how you can update, manage, export, and delete your information.

 

Sticky is committed to ensuring that the App is as useful and efficient as possible. We reserve the right to make changes to the App or to charge for its Services, at any time and for any reason. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.

 

By creating an Account or signing up for a Subscription (each as defined below) to the Service, you confirm that you are over the age of 18. We reserve the right to cancel any subscription that has not been purchased by the bank account holder. 

 

IF YOU PURCHASE A SUBSCRIPTION (AS DEFINED BELOW) TO THE SERVICE FOR A TERM (THE “INITIAL TERM”), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT STICKY’S THEN-CURRENT FEE FOR SUCH SERVICE UNLESS YOU OPT OUT OF THE AUTO-RENEWAL / DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH THE FEES AND PURCHASE TERMS BELOW.

 

PLEASE BE AWARE THAT THESE TERMS CONTAIN AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING ARBITRATION. UNLESS YOU OPT OUT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

 

Accounts

In order to use certain features of the Service, you must register for an account (“Account”). You agree that: (a) all required information you submit in connection with your registration of an Account is truthful and accurate; and (b) you will maintain the accuracy of such information. Sticky may suspend or terminate your Account in accordance with the “Termination” Section below.

 

Software and License

Use of Sticky requires you to download a client software package. To use Sticky, you must have a compatible computer or, if Sticky makes a mobile app available a mobile device, and we can’t guarantee that Sticky will work on your device.

 

Subject to your compliance with these Terms, we hereby give you a limited, non-exclusive, non-transferable, non-sub-licensable, freely revocable license to download, install, and use Sticky, for your personal and non-commercial use only. Your license is automatically revoked if you violate these Terms. From time to time, we may issue upgraded versions of Sticky. You agree that these Terms will apply to all such upgrades.

 

Notwithstanding anything to the contrary in this Section, with respect to any mobile application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of such Google Play Sourced Application on a shared basis within your designated family group. Any third-party code that may be incorporated in the application is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code.

 

User Content 

Certain features of the Service may permit users to upload content to the Service and send content through the Service, including messages, reviews, photos, audio, video, images, folders, data, text, graphics, and other types of information, material, and works (“User Content”) and to publish User Content on the Service. You hereby grant Sticky a fully paid, royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use, sublicense, distribute, reproduce, modify, adapt, and display, User Content (in whole or in part) for the purposes of (i) providing the Service; and (ii) improving the Service. Except with respect to your User Content, you agree that you have no right, title, or interest in or to any User Content that appears on or in the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

 

You agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) abuse other users’ personal information that you receive through the Service, such as to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) interfere with any other user’s use and enjoyment of the Service; (vii) request or offer to perform a request that is illegal or violates any of the terms set forth herein; (viii) impersonate any person or entity, including any employee or representative of Sticky; or (ix) use software or automated agents or scripts to produce multiple Accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service.

 

Intellectual Property Rights 

You’re not allowed to copy or modify any part of the Service, the App, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the Service or the App, and you also shouldn’t try to translate the Service or the App into other languages, or make derivative versions. The Service and the App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Sticky.

 

User Content Disclaimer

You should be aware that there are certain things that Sticky will not take responsibility for. Certain functions of the Service and the App will require the App to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Sticky cannot take responsibility for the Service or the App not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

 

Along the same lines, Sticky cannot always take responsibility for the way you use the Service or the App (e.g., you need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Sticky cannot accept responsibility).

 

Service Updates

While we aim to communicate any significant changes to our users, we nonetheless reserve the right to modify, update, suspend, or discontinue the Service (in whole or in part) at any time with or without notice to you. Sticky does not promise that it will always update the App so that it is relevant to you and/or works with the version that you have installed on your device. However, you agree to always accept updates to the application when offered to you. We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device. You agree that Sticky is not liable to you or to any third party for any modification, update, suspension, or discontinuation of the Service. You may need to update third-party software from time to time in order to use the Service. 

 

Monitoring Content

Sticky does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Sticky reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Sticky chooses to monitor the content, Sticky still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

 

User Obligations

If you’re using the App outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third-party charges. In using the App, you’re accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e., region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the App, please be aware that we assume that you have received permission from the bill payer for using the App.

 

Third Party Terms 

To the extent permitted by the function of the Service, you may link your Account with a valid account through which you have connected to the Service (each such account, a “Third-Party Account”). By connecting your Third-Party Accounts, you are allowing Sticky to access your Third-Party Account as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Sticky and/or grant Sticky access to your Third-Party Account (including, but not limited to, for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Sticky to pay any fees or making Sticky subject to any usage limitations imposed by such third-party service providers. By granting Sticky access to any Third-Party Accounts, you understand that Sticky may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Service that you have provided to and stored in such Third-Party Account so that it is available on and through the Service via your Account in accordance with these Terms and our Privacy Policy. Unless otherwise specified in the Terms, all such content shall be considered to be User Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose to connect to the Service and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account. Please note that if a Third-Party Account or associated service becomes unavailable or Sticky’s access to such Third-Party Account is terminated by you or the third-party service provider, then your Account and User Content may no longer be available on and through the Service. You have the ability to disable the connection between your Account and your Third-Party Accounts by accessing the applicable account settings page on the Third-Party Account.


 

Sticky may provide tools through the Service that enable you to export information, including User Content, to third party services. By using one of these tools, you agree that Sticky may transfer that information to the applicable third-party service. Third party services are not under Sticky’s control, and, to the fullest extent permitted by law, Sticky is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Sticky’s control, and Sticky is not responsible for their content. 

 

The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). 

 

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS OR THE THIRD PARTY COMPONENTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND STICKY IS NOT LIABLE FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.

 

Security and Privacy

We place the greatest importance on protecting your privacy and maintaining the security and integrity of your personal information. Please carefully review our Privacy Policy, which explains exactly the measures we use when collecting and storing your information.

 

However, like any application or service provider, we can’t guarantee that our security measures will never be defeated or breached by unauthorized third parties seeking to use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

Beta Services

We sometimes release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as Sticky’s other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback.

 

Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.

 

Fees And Purchase Terms  

Certain products or services offered on or through the Service may be provided for free or for a fee or other charge, including services or features for which access and use is purchased on a time limited basis (each a “Subscription”). You agree to pay all applicable fees or charges to your Account, including fees for Subscriptions (if any), in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sticky may add new products and services for free or for additional fees and charges, or amend fees and charges for existing products and services, at any time in its sole discretion. Any increased fees for existing Subscriptions will apply solely on a forward-looking basis beginning on your next billing period. 

 

You may be required to provide Sticky with a valid credit card, PayPal account, or other permitted payment method (“Payment Provider”) as a condition to purchase any products or services on the Service. By providing Sticky with your credit card number and associated payment information, you agree that Sticky is authorized to immediately invoice your Account for all charges due and payable hereunder and that, except as required under applicable law, no additional notice or consent is required, including any charges in connection with any renewals of a Subscription. You agree to immediately notify Sticky of any change in your billing address or other payment information. We may change the prices and billing methods for the Service on a forward-going basis, either immediately upon posting on the Service or by e-mail. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement to determine your rights and liabilities thereunder. Without limiting anything set forth therein, you acknowledge and agree that for paid Subscriptions we may provide your payment information to our third-party service providers (e.g., our payment processing partner) for use pursuant to our Privacy Policy.

 

The fee for a Subscription, if any, will be billed by Sticky at the start of your Subscription or, if applicable, at the end of any free trial period, and at regular intervals in accordance with your elections at the time of purchase. The timing of billing may change at any time. Your Subscription will continue to automatically renew indefinitely, including if you terminate your Account, until your Subscription is canceled in accordance with these Terms. After your initial Subscription period, and again after any subsequent Subscription period, your Subscription will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period at Sticky’s then-current price for such Subscription. You agree that your Account will be subject to this automatic renewal feature (even if you otherwise terminate your Account) unless you cancel your Subscription prior to the Renewal Commencement Date in accordance with these Terms. If you cancel your Subscription, such cancellation will be effective as of the end of your then-current Subscription term, and your Subscription will not be renewed thereafter. By purchasing a Subscription (excluding free Subscriptions), you authorize Sticky to charge your Payment Provider in accordance with your selected Subscription. Upon renewal of your Subscription, Sticky does not receive payment via your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand and/or (ii) you agree that Sticky may either cancel or suspend your Subscription and continue to attempt to charge your Payment Provider until payment is received.

 

THERE ARE NO REFUNDS FOR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICE AND WE ARE NOT OBLIGATED TO PROVIDE ANY CREDITS FOR PARTIALLY USED PERIODS. 

 

All financial transactions made in connection with the Service will be processed by Sticky or Sticky’s third-party payment service provider in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. As such, in no event will Sticky be responsible for the actions or inactions of Sticky’s third party payment service provider, including, but not limited to, system downtime or payment service outages, and any billing and fee disputes may require resolution between you and the applicable third party. 

 

The payments required under this Section do not include any Sales Tax that may be due in connection with the Service provided under these Terms. If Sticky determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, Sticky shall collect such Sales Tax in addition to the payments required this Section. If any Service, or payments for any Service, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Sticky, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Sticky for any liability or expense Sticky may incur in connection with such Sales Taxes. Upon Sticky’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. 

 

Sticky reserves the right to display third-party ads before, after, or in conjunction with User Content posted on the Service, and you acknowledge and agree that Sticky has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by Sticky as a result of such advertising). Sticky may be compensated if you click on a link and purchase one or more of the products or services recommended to you on the Service or in an email, blog, or other online posting sponsored by us.

 

Certain Subscription offerings may be available on a free trial basis (a “Free Trial”), the period of which will be communicated to you via the Service. Unless otherwise expressly set forth, your use of any such Subscription offerings will expire at the end of the Free Trial, and any further use of such offerings is prohibited unless you purchase a Subscription to such offerings. To the extent expressly indicated at the time of signing up for a Free Trial, your Free Trial will automatically convert to a paid Subscription and you will be prompted to provide details about your Payment Provider. Your Payment Provider will then be charged for the applicable Subscription unless you cancel the Subscription before the Free Trial ends. If you fail to cancel the Subscription before the Free Trial ends, you will be responsible for payment for the full term of the Subscription period. Unless otherwise expressly stated, any free trial or other promotion that provides a registered user-level access to the Service must be used within the specified time of the trial.

 

Feedback

We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of Sticky, and Sticky may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Sticky any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

 

Termination

We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

 

If you want to terminate these Terms, you must do so by (i) notifying Sticky at any time; (ii) cancelling all of your Subscriptions; and (iii) closing your Account. These Terms will remain in effect until the end of the then-current term of any and all or your Subscriptions. UPON ANY APPLICABLE TERMINATION, YOUR SUBSCRIPTIONS WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THIS PARAGRAPH.

 

Indemnification

You agree to indemnify and hold Sticky (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any loss, claim, or demand arising out of: (i) your use of the Service; (ii) your violation of these Terms; (iii) your violation of applicable laws or regulations; (iv) Sticky’s use in accordance with these Terms of any data, content, information, or feedback, including all User Content, that you provide to Sticky; or (v) your violation, or your User Content’s violation, of any rights of another party, including any users. We may assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter for which you may have an indemnification obligation hereunder without the prior written consent of Sticky. Sticky will use reasonable efforts to notify you of any claim, action, or proceeding for which you may have an indemnification obligation hereunder upon becoming aware of it. This provision does not require you to indemnify Sticky (or its officers, employees, or agents) for Sticky’s (or its officers’, employees’ or agents’) fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service provided hereunder. You agree that the provisions in this Section will survive any termination of your Account, the Terms and/or your access to the Service.

 

Limitations of Liability

IN NO EVENT SHALL STICKY, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

Disclaimer

THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND STICKY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF YOUR FIRST USE OF THE SERVICE. EXCEPT FOR STICKY’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN STICKY’S PRIVACY POLICY, STICKY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

 

Exclusions

Some jurisdictions (such as the state of New Jersey) do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages set forth in the “LIMITATION OF LIABILITY” and “DISCLAIMER” sections above, so the limitations above may not apply to you.

 

Dispute Resolution

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

 

Agreement to Arbitrate

Please read this Arbitration Agreement carefully. It is part of your contract with Sticky and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

You and Sticky agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of Sticky (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. 

 

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Sticky should be sent to: Cogency Global Inc,  850 New Burton Road, Suite 201, City of Dover, County of Kent, 19904. After the Notice is received, you and Sticky may attempt to resolve the claim or dispute informally. If you and Sticky do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

 

Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the United States, the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Sticky made to you prior to the initiation of arbitration, Sticky will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

 

YOU ACKNOWLEDGE AND AGREE THAT YOU AND STICKY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sticky otherwise agree in writing, 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. This “Dispute Resolution” section will survive any termination of these Terms.

 

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: arboptout@sticky.app, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Sticky username (if any), the email address you used to set up your Sticky Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

 

Disclosures

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

Miscellaneous

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Sticky’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Sticky may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

 

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at legal@sticky.app.