SNOOPYBOO TERMS AND CONDITIONS

EFFECTIVE DATE: February 1, 2024

SnoopyBoo, LLC, also referred to as "SnoopyBoo" operates the website found at snoopyboo.com ("Website"). This Agreement outlines the terms governing your use of the Website and the purchase of any products from SnoopyBoo ("Products").

The availability of the Website and Products is conditional on your acceptance of these Terms and Conditions ("Terms" or "Agreement"). These Terms form a legally enforceable contract between you and SnoopyBoo, which you are advised to review thoroughly. Accepting these Terms also means you agree to the SnoopyBoo Privacy Policy, Online Return Policy, Store Returns Policy, and Shipping Policy, all of which are explicitly included by reference in this document.

THIS AGREEMENT INCLUDES AN ARBITRATION AGREEMENT AND A WAIVER FOR CLASS ACTION, RELINQUISHING YOUR RIGHT TO A COURT TRIAL OR JURY HEARING, OR TO ENGAGE IN CLASS LITIGATION. ARBITRATION IS COMPULSORY AND IS THE SOLE METHOD FOR RESOLVING DISPUTES, EXCEPT AS OUTLINED BELOW OR IF YOU CHOOSE TO OPT-OUT. IT IS ESSENTIAL TO READ THIS DOCUMENT COMPLETELY PRIOR TO ACCESSING, UTILIZING, OR PURCHASING ANY PRODUCT VIA THE WEBSITE.

User Responsibilities

By downloading, accessing, or using the Website, you confirm that you are either at least eighteen (18) years old or of legal age in your jurisdiction, whichever is higher, and that you agree to these Terms. You also commit to comply with all relevant local, state, and national laws and regulations in your use of the Website. Additionally, you agree to always provide truthful, accurate, current, and complete information when submitting details to SnoopyBoo via the Website. Your use of the Website should be in line with this Agreement and should not involve any commercial, political, obscene, illegal, or inappropriate activities. SnoopyBoo retains the right to revoke your access to the Website at its discretion, without any specific reason. If you create an account on the Website, you will be asked to provide an email address and password, and SnoopyBoo may impose further requirements as needed. You are responsible for all activities on the Website under your account, including those conducted through your password. In case of any loss, theft, or unauthorized use of your password, you must promptly inform SnoopyBoo.

Website Purchases

All transactions made through the Website are contingent on our approval. We reserve the right, at our sole discretion, to decline or cancel any purchase, without any obligation or liability to you or any third party. The Website is not designed for orders from dealers, wholesalers, or other customers who plan to resell items found on the Website. SnoopyBoo's acceptance of your order is specifically based on your agreement to these Terms and any additional terms and conditions presented on the Website related to certain Products. When you order Products through the Website, you commit to providing accurate, current, and complete information. SnoopyBoo has the authority to stop or alter specifications and prices of Products available on and off the site at any time without prior notice and without any obligation to you. Prices and availability may change without advance notice, and SnoopyBoo retains the right to cancel any offer to rectify any errors, inaccuracies, or omissions.

Ownership and Content of the Website

The Website features a variety of materials, including but not limited to text, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising content, URLs, technology, software, and the overall look and feel of these materials, which encompass copyrighted material as well as trademarks, logos, and service marks. These belong to SnoopyBoo, its licensors, licensees, or other entities (collectively referred to as “Content”). Both the Website and its Content are owned, licensed, or controlled by SnoopyBoo, its licensors, or other third parties. The rights, title, and interest in the Content and the Website are protected under U.S. and international copyright, trademark, trade dress, patent, and other intellectual property laws to the maximum extent possible.

By using the Website, you do not acquire any ownership, intellectual property, or other interests in any content or items on the Website. Under this Agreement, and subject to your compliance, SnoopyBoo grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access, display, view, and use the Content on the Website strictly for personal, non-commercial purposes. You acknowledge that SnoopyBoo can, without notice and without any liability to you or any third party, immediately suspend or terminate access to the Website, its Content, or the Products.

Contributions of User-Generated Content

When you submit or post any material or content on the Site, referred to as “User-Generated Content,” you provide SnoopyBoo with a perpetual, irrevocable, royalty-free, global license that is also sublicensable and transferable. This license permits SnoopyBoo to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or parts of them. You assure, warrant, and agree that any User-Generated Content you provide does not breach any law or infringe upon the rights of any third party, and that you have all necessary rights to grant SnoopyBoo the aforementioned license. SnoopyBoo is allowed to use any User-Generated Content without the obligation to maintain confidentiality, give attribution, or compensate you. 

Liability Limitation and Warranty Disclaimer

Subject to applicable law, the Website and all its content, products, and other information available on or through it are provided on an “AS IS” and “AS AVAILABLE” basis, without any kind of warranty, either expressed or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, security, or accuracy. SnoopyBoo does not guarantee that: (1) the information on the Website is correct, accurate, or reliable; (2) the functions on the Website will be uninterrupted or error-free; or (3) any defects will be corrected, or that the Website or its server is free of viruses or other harmful elements.

Under no circumstance will SnoopyBoo or its officers, directors, shareholders, employees, independent contractors, or agents be liable for any indirect, special, incidental, exemplary, consequential, or punitive damages, regardless of the cause of action, including but not limited to contract, tort, strict liability, warranty, or others. This applies to any claim, cause of action, fee, expense, cost, or loss arising from or related to this Agreement, the Privacy Policy, the Return Policy, the Shipping Policy, the products, or your use of the Website or any products. However, it's important to note that this disclaimer of warranties and limitation of liability does not apply in New Jersey.

Agreement for Arbitration and Resolution of Disputes

Section 1: Overview of Dispute Resolution

Any dispute connected in any way to your visit to, use of the Website, the Products, any purchases, or anything related to this Agreement ("Dispute") will be resolved either in small claims court or through confidential, binding arbitration. These disputes will be exclusively governed by the laws of the State of California, not including its conflict of law provisions.

Section 2: Waiver of Class Action and Agreement to Arbitrate

(1) Claims Eligible for Arbitration:

In accordance with applicable law, both SnoopyBoo and you agree that any Disputes, except those filed in small claims court, will be resolved through final and binding arbitration (the “Arbitration Agreement”). In this context, the terms “SnoopyBoo,” “you,” “we,” and “us” include our respective predecessors, successors, and assigns, as well as our past, present, and future parents, subsidiaries, and affiliates; and those entities along with our respective agents, employees, licensees, licensors, and content providers relevant at the time your or our claim arises.

The scope of this Arbitration Agreement is intended to be interpreted widely. It encompasses various claims, including, but not limited to:

• Claims that emerge from or are connected to any aspect of the relationship between us, regardless of whether they are grounded in contract, tort, fraud, misrepresentation, or any other legal theory under statutory or common law;
• Claims that originated before this or any previous Arbitration Agreement, which covers, but is not limited to, claims related to advertising; and
• Claims concerning mental or emotional distress or harm that do not stem from physical injury.

Despite the preceding terms, the following issues are not subject to arbitration and may only be adjudicated in the state and federal courts of California:

(i) Any dispute, controversy, or claim related to or challenging the validity of SnoopyBoo's intellectual property and proprietary rights, including but not limited to patents, trademarks, service marks, copyrights, or trade secrets;
(ii) Any action initiated by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitory or mandatory, or other interim relief;
(iii) Any legal action taken by SnoopyBoo against a non-consumer entity; or
(iv) Interactions with governmental and regulatory authorities.

Either party has the option to choose small claims court for Disputes that seek only individualized relief, provided the case is not transferred or appealed to a general jurisdiction court.

(2) Waiver of Class Action and Jury Trial:

You and SnoopyBoo agree that, to the maximum extent allowed by law, each party may bring claims against the other solely on an individual basis, either in small claims court or in arbitration. This agreement prohibits participation as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means neither you nor SnoopyBoo can file a claim as a representative of a class or group, nor can you bring a claim on behalf of someone else, unless acting as a parent, guardian, or similar legal representative for a minor or individual unable to bring their own claim. Additionally, neither you nor SnoopyBoo can participate in any class, collective, consolidated, private attorney general, or representative proceeding initiated by a third party. However, you or SnoopyBoo may engage in a class-wide settlement.

To the greatest extent permitted by law, both you and SnoopyBoo waive the right to a trial by jury.

You acknowledge that you would have had the right to engage in court litigation, with a judge or jury determining your case, and to participate in a class or representative action. However, you understand and agree that any claims will be resolved individually and solely through arbitration or in small claims court. You expressly commit to not initiating or joining any claim in a representative or class-wide manner, including but not limited to participation in any class action lawsuits or class-wide arbitration.

You are given a thirty (30) day period from the date of your product purchase or from when you provide information to the website to opt out of this Arbitration Agreement. To opt out, you must contact us in writing at info@snoopyboo.com (email). If over thirty (30) days have elapsed since your product purchase, you are no longer eligible to opt out of arbitration for claims related to that product. Similarly, if more than thirty (30) days have passed since providing information to the website, you cannot opt out of arbitration for claims related to the website.

This Arbitration Agreement is part of a transaction involving interstate commerce, and as such, the Federal Arbitration Act (9 U.S.C. §§ 1-16) is applicable for the interpretation and enforcement of this arbitration provision. This Arbitration Agreement will continue to be effective even after the termination of this Agreement.

(3) Compulsory Preliminary Notice and Informal Dispute Resolution Steps:

Both you and we acknowledge that resolving disputes informally through good-faith efforts can lead to a quick, cost-effective, and mutually satisfying resolution. Therefore, before initiating arbitration or filing a claim in small claims court, the initiating party must first send the other party a written Notice of Dispute (“Notice”). For you to send a Notice to SnoopyBoo, it should be emailed to info@snoopyboo.com (“Notice Address”). The Notice must contain (i) the claimant’s name, address, and email address; (ii) a description of the dispute's nature and basis; (iii) relevant details about your use of the SnoopyBoo website, including account creation, email associations, and any purchases from the site, along with the dates of such purchases; (iv) a detailed description of the specific relief sought, including any damages, with a thorough calculation if applicable; and (v) a personal, signed statement by the claimant (not their lawyer) confirming the accuracy of the Notice's contents. The Notice should be specific to your dispute and not relate to any other individual’s issues.

Upon receiving a complete Notice, the parties must engage in good faith efforts to resolve the dispute over 60 days (extendable by agreement). Post-Notice, either party can request a personal telephone or video settlement conference (potentially after the 60-day period), which both parties must attend (with their lawyers, if represented). Both parties agree to schedule this conference as soon as mutually possible and strive for a resolution. If an agreement isn’t reached within 60 days of receiving the complete Notice (or longer, if agreed), either party may start arbitration or proceed in small claims court (if permissible by its rules).

Adhering to this Mandatory Preliminary Notice and Informal Dispute Resolution section is a prerequisite for initiating arbitration. During this informal dispute resolution, any relevant limitations period (including statutes of limitations) and filing fee deadlines are paused. All aspects of these Pre-Arbitration Notice and Informal Dispute Resolution Procedures are crucial to provide a genuine chance for resolving disputes informally. If these procedures are not fully followed, a competent court may prohibit the filing or continuation of an arbitration. Furthermore, unless legally prohibited, the arbitration administrator should not accept, manage, assess, or request fees for any arbitration initiated without completing these mandatory procedures. If arbitration is already in progress, it should be administratively closed. However, this does not restrict a party's right to seek damages for non-compliance with these Procedures in the arbitration process.

(4) Arbitration Process:

The arbitration will adhere to the relevant rules of National Arbitration & Mediation (“NAM”), including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as appropriate (“NAM Rules”), but will be adjusted by this Arbitration Agreement. NAM will administer the arbitration. If NAM is unable or unwilling to do so, the parties will select another arbitration provider, or if an agreement can't be reached, the court will select one under 9 U.S.C. §5. The NAM Rules are available at www.NAMADR.org or can be requested in writing at the Notice Address. Forms to initiate arbitration can be found at https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf or by contacting NAM.

The party initiating arbitration must provide a certification of compliance with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures as outlined in subsection (3). This includes confirmation that they are a party to the Arbitration Agreement, which should be enclosed with or attached to the arbitration demand. Both the arbitration demand and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).

All issues are to be decided by the arbitrator, except for matters related to the Arbitration Agreement’s scope, enforceability, or the suitability of a dispute for arbitration, which are determined by a competent court. The arbitrator may consider but is not bound by previous rulings in arbitrations involving different customers.

Unless otherwise agreed, or as dictated by NAM Rules, arbitration hearings will occur in the county (or parish) of your billing address. For non-U.S. residents, arbitration begins in Los Angeles, California. The arbitrator will provide a reasoned written decision explaining the essential findings and conclusions. The decision is binding only between you and SnoopyBoo and does not affect other arbitrations or proceedings with different parties. An arbitrator’s fully satisfied award shall not be entered in any court.

Counsel representing parties in arbitration must certify compliance with Federal Rule of Civil Procedure 11(b), ensuring claims or sought relief are neither frivolous nor for improper purposes. The arbitrator can impose sanctions under NAM Rules, Federal Rule of Civil Procedure 11, or relevant federal or state law, against appropriate parties and counsel.

Except as stated in the Arbitration Agreement, the arbitrator may grant any court-equivalent remedy, relief, or outcome, including attorneys’ fees and costs per applicable law. Unless otherwise dictated by law, each party bears its own attorneys’ fees and costs in arbitration, unless the arbitrator imposes sanctions or deems the claim, defense, or relief sought frivolous or for an improper purpose, as defined by Federal Rule of Civil Procedure 11(b)).

(5) Costs of Arbitration:

The payment of fees related to arbitration (including those imposed by the arbitration administrator such as filing, arbitrator, and hearing fees) will be determined by the NAM Rules, unless you are eligible for a fee waiver under relevant laws. If you don't qualify for fee waivers and the arbitrator deems the arbitration costs prohibitively high compared to court litigation, we will cover your filing, arbitrator, and hearing fees as much as necessary to ensure the arbitration isn't cost-prohibitive. This applies regardless of the arbitration's outcome, except if the arbitrator finds your claims to be frivolous, filed for an improper purpose, or made in bad faith. Both parties agree that arbitration should be financially accessible, and either party can discuss fee reductions or deferrals with NAM.

(6) Maintaining Confidentiality:

At the request of either party, the arbitrator will issue an order to protect the confidentiality of any party's information disclosed during the arbitration (whether in documents or orally). This information must only be used or disclosed in connection with the arbitration or a court proceeding to enforce the arbitration award. Any court filings containing confidential information should be sealed to the greatest extent allowed by law.

(7) Settlement Offer Procedure:

In any arbitration involving you and SnoopyBoo, the defending party has the option (but is not required) to make a written settlement offer before the evidentiary hearing, or before a dispositive motion is decided, if such a motion is allowed. The arbitrator will not be informed of the settlement offer’s amount or terms until after they have issued a decision on the claim. If the arbitrator's decision is less favorable to the other party than the settlement offer, or if the defending party wins, the other party must cover the defending party’s costs incurred after the settlement offer, including attorney's fees. If any laws or case law disallow the shifting of arbitration costs, the settlement offer will stop the accrual of any costs the claiming party might otherwise accumulate under the relevant cause of action.

(8) Individualized Relief Requirement:

The arbitrator can only award declaratory or injunctive relief for the individual party seeking it and only as much as necessary for that party's individual claim. You and we agree that claims can only be brought in our individual capacities, not as a plaintiff or class member in any class, representative, or private attorney general proceedings. Unless both parties agree otherwise, the arbitrator cannot combine multiple claims or oversee any form of representative, class, or private attorney general proceedings. If, after all appeals, any restrictions on non-individualized relief, class, representative, and private attorney general claims, or consolidation are deemed unenforceable for a specific claim or relief request, such claim or request will be decided in court, after all other claims and relief requests subject to arbitration are resolved. This Arbitration Agreement supersedes any prior arbitration agreement with v, including for claims that arose before this or any previous agreement.

(9) Opting Out of Future Changes:

If SnoopyBoo makes any future changes to this Arbitration Agreement (except for the Notice Address), you can reject these changes by emailing SnoopyBoo at info@snoopyboo.com within 30 days of the amended agreement's posting. This email must come directly from you (not an agent or lawyer) and include your full legal name, mailing address, phone number, and, if applicable, your SnoopyBoo account username or email address. The email must contain a personally signed statement from you expressing your desire to reject the changes to the Arbitration Agreement. This is not an option to opt out of arbitration entirely.

(10) Procedure for Mass Filings:

Should there ever be a situation where 25 or more claimants (including you) submit Notices or attempt to initiate arbitration with similar claims against the other party or related entities, using the same or coordinated counsel or entities, in line with the Mass Filings definition and criteria outlined in NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM's Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), additional procedures as specified below will apply. Both parties agree to discuss and potentially modify these procedures during the Mass Filing to cater to its specific requirements. Participation in a Mass Filing may delay the dispute's resolution. Any relevant limitation periods (including statutes of limitations) and filing fee deadlines are suspended from the start of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures, provided the Notice meets the requirements of that subsection, until your claim is chosen for a staged process, settled, withdrawn, resolved, or opted out of arbitration.

Stage One:
The legal representatives for the claimants and SnoopyBoo will each select 25 claims (50 claims in total) to file and proceed in separate arbitrations as part of an initial staged process. Each of these individual arbitrations will have a distinct, single arbitrator, unless otherwise agreed upon in writing by the parties. Any claims not chosen in this stage will not be filed or considered as filed in arbitration, nor will any arbitration fees be applied to these claims until they are selected for individual arbitration in future stages. Following the conclusion of this first batch of arbitrations, the parties will promptly participate in a comprehensive mediation session for all remaining claims, conducted by a retired federal or state court judge.

Stage Two:
If the remaining claims are still unresolved, each side's counsel will select an additional 50 claims each (100 claims in total) for individual arbitrations as part of a second staged process, incorporating any procedural adjustments agreed upon in writing. Like in Stage One, each of these arbitrations will be assigned a unique, single arbitrator, unless a different arrangement is agreed upon. Claims not selected for this stage won't be filed or considered filed in arbitration, and no arbitration fees will be assessed until these claims are chosen for individual arbitration proceedings in subsequent stages. After completing this second series of arbitrations, the parties will engage in another comprehensive mediation session for all remaining claims, again led by a retired federal or state court judge.

If your claim remains unresolved after the staged process described above, you have two options:

Option One:
You and SnoopyBoo can independently or mutually decide to opt out of arbitration and choose to have your claim resolved in court, as per the Agreement. To opt out of arbitration, you must provide a personal, signed notice indicating your intention to opt out by emailing SnoopyBoo at info@snoopyboo.com. This opt-out email must come directly from you, not via an agent, attorney, or any other representative. It should include a statement personally signed by you, expressing your desire to opt out of arbitration within 30 days following the mediation associated with Stage 2. SnoopyBoo can opt your claim out of arbitration by sending a personal, signed notice of intention to opt out to your counsel within 14 days after your 30-day opt-out period ends. The counsel for both parties may agree to modify these timeframes.

OR

Option Two:
If neither you nor SnoopyBoo opts for court resolution as per Option One, your claim will continue to be resolved through ongoing, staged individual arbitration proceedings. If there are more than 200 remaining claims, 200 will be randomly selected (or chosen through a process agreed upon by the parties' counsel) for individual arbitrations in the next stage. If fewer than 200 claims remain, all will be filed and proceed in individual arbitrations. Claims not selected will not be filed or considered filed in arbitration, nor will arbitration fees be assessed on them until they are chosen for individual arbitration in subsequent stages. After each set of 200 claims is adjudicated, settled, withdrawn, or otherwise resolved, this process will repeat under these guidelines. The parties' counsel are encouraged to meet, discuss, mediate, and collaborate with each other and NAM (including through a Procedural Arbitrator) to find ways to expedite the resolution of claims, increase the number of claims processed at a time, enhance efficiency, conserve resources, and settle the remaining claims.

A court with proper jurisdiction has the power to enforce the Mass Filing procedures outlined here, and if required, can issue an injunction to halt the mass filing, prosecution, or administration of arbitrations, as well as the imposition of arbitration fees. If these additional procedures are applicable to your claim and a competent court finds them unenforceable for your specific case, then your claim will proceed in court, in line with the terms of this Agreement.

You and SnoopyBoo both acknowledge the value of arbitration's integrity and efficiency and are committed to using it for the equitable resolution of genuine disputes between us. Both parties agree to act in good faith to ensure adherence to the processes described here. We also agree that the implementation of these Mass Filing procedures is intended to facilitate an efficient and fair resolution of such cases.

(11) Severability:

Should any part of this Arbitration Agreement be deemed void, invalid, or unenforceable, that portion will be considered separable. If feasible, it will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision. The rest of the Arbitration Agreement will remain in effect and be enforceable according to its terms.

Third-Party Website Links

The Website may contain links to websites operated by third parties, such as advertisers, sponsors, content partners, and others. The presence of any third-party link on our Website does not signify our endorsement of that website. SnoopyBoo explicitly disclaims any liability regarding the content, materials, accuracy of information, or the quality of products or services offered, provided, or advertised on these external websites.

Privacy Considerations

By using certain parts of this Website or by submitting specific information, such as when registering or creating an account, you acknowledge and agree that it involves the handling and sharing of personally identifiable information. It’s important to note that by submitting your mobile phone number to the Website, you are giving SnoopyBoo your electronic signature, which constitutes your express consent to be contacted via telephone. This contact may include automated dialing systems, prerecorded messages, SMS, and MMS at the provided number, even if it is listed on any corporate, state, or national Do Not Call list. Remember, giving your consent is not a condition for making purchases. For an overview of how SnoopyBoo collects and uses information, please refer to the SnoopyBoo Privacy Policy, which is incorporated into this document by reference.

Electronic Signatures and Contractual Agreements

By clicking on buttons labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, or any similar link provided by SnoopyBoo for submitting billing or shipping information and accepting these terms and conditions, you recognize and agree that you are providing a legally binding electronic signature and entering into a legally enforceable contract. Your electronic submissions represent your agreement and intention to be bound by this Agreement. In compliance with laws such as the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), you consent to using electronic signatures, contracts, orders, and other records, along with the electronic delivery of notices, policies, and records of transactions initiated or completed via the Site or through products offered by SnoopyBoo. Moreover, you relinquish any rights or requirements under any laws that necessitate an original signature, non-electronic record keeping, or non-electronic payment methods.

California Proposition 65 Notice

Due to Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, we are required to inform California residents about potential exposure to certain chemicals. WARNING: Some products available on this site may contain chemicals known in California to cause cancer, birth defects, or other reproductive harm.

Miscellaneous Terms

This Agreement represents the full and entire understanding between you and SnoopyBoo, superseding any prior versions. Should an arbitrator or a competent court, where appropriate, determine any provision of this Agreement as invalid, the validity of the remaining provisions will not be affected. Such invalid provision may be modified or severed from this Agreement to the extent necessary to make it enforceable and consistent with the rest of the Agreement.

Contact Information

For any inquiries regarding these Terms of Use, the Products, or the Website, you can reach us at info@snoopyboo.com.