May 03, 2023
Access to and use of the Services by salons or other commercial establishments is not governed by these Terms and is subject to the terms of a separate Enterprise Services Agreement executed by Tippy and the commercial establishment. For the purposes of these Terms, a commercial establishment that has signed up for the Services under a valid, separate Enterprise Services Agreement with Tippy is referred to as a “Participating Entity”.
If you wish to use the Services to tip a service professional, your use of the Services is not governed by these Terms and is subject to the End Customer Terms of Service.
- Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TIPPY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
- Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site and the App, or through other communications to you. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 18(f) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
- Who May Use the Services?
(a) Eligibility. You may use the Services only if you are 16 years or older and are not barred from using the Services under applicable law. If you are between 16 and 18 years old, you must have permission from your legal guardian before you use the Services. However, in order to use certain portions of the Services, such as the payment functionality that allows you to receive your tips electronically via the Services and deposit them directly into your bank account, you must also be a service professional employed or otherwise engaged by a Participating Entity (a “Service Professional”). If you’re a Service Professional, your use of such portions of the Services may be discontinued if you cease to be employed by a Participating Entity or if your employer ceases to be a Participating Entity.
(b) Registration and Your Information. In order to use the Services, you’ll have to create an account (“Account”). No additional information is required if you want to use the Services only for the purpose of tracking your tips. If you’re a Service Professional and want to use the Services’ payment functionality, you’ll also have to register at least one disbursement account with your Account. Your obligation to register a bank account or some method through which your tips can be settled to you is a material obligation of yours if you wish to use the payment functionality. Please refer to Section 6 for additional information on the Services’ payment functionality.
(c) Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we may (in our sole discretion) suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
(a) Tippy does not charge you a fee for use of the Services if you use them solely for the purpose of tracking your tips. Use of other features of the Services, such as the payment functionality that allows the Service Professional to receive tips electronically so that the tips are deposited directly into his or her bank account, is subject to a fee payable by the Service Professional’s customer paying the tip (“Customer”) (“Fee”). No fee is due from or payable by the Service Professional, except if you use the payment functionality and fail to maintain a linked bank account or means of settlement as described in Section 5(c) below.
(b) If you’re a Service Professional using the Services’ payment functionality, you agree that:
(i) When your Customer pays you a tip via the Services (each payment, a “Transaction”), the amount paid by the Customer will be inclusive of the Fee that is charged to the Customer for use of the Services. You acknowledge that the Fee is owed by the Customer to Tippy and that you have no right to receive any portion of such Fee. Accordingly, the amount available for deposit into your bank account for each Transaction will be net of such Fee.
(ii) The following Fee applies to each Transaction: $0.50 plus 2.75% of the Transaction amount. The Fee is subject to change at any time in Tippy’s sole discretion.
(c) If you are using the Service’s payment functionality and you have failed to maintain a linked bank account or other method of settlement to your Tippy Account, then Tippy reserves the right to charge you a monthly administrative fee in its discretion, not to exceed $100 per month, beginning as of the point when you have not received any tips for a period of 60 days. Any fee charged will be non-refundable. You may avoid the fee at any time by linking a bank account or other method of settlement to your Account, at which time any tips in your Tippy Account will be deposited into your linked bank account or settlement method. Any fees previously charged will not be refunded. If there are not enough funds in your Tippy Account to satisfy the administrative fee charged by Tippy, Tippy will not collect the overage from you. If your Account reaches a zero balance due to deduction of the administrative fee, you agree that Tippy may close your account.
- Payment Functionality and Taxes.
(a) Our Services include a payment functionality that allows Service Professionals to receive tips via the Services and deposit such tips electronically into their bank account. This functionality also allows Service Professionals to split tips received via the Services with other Service Professionals employed by the same Participating Entity and who have registered to use this feature of the Services.
(b) If you’re a Service Professional using the Services’ payment functionality, you agree that:
(ii) So long as you have properly registered a bank account with the Services, payment of the tip amounts received by you via the Services into your bank account will be processed automatically by the Services and does not have to be initiated by you.
(iii) We will process any request to split any tip amounts received by you with other Service Professionals according to your instructions. Once you submit a request to split any tip amounts, it cannot be cancelled or modified. Please note that in some instances we might not be able to process a request to split a tip if the tip is already in the process of being paid to the recipient.
(c) Tippy is not responsible for determining if any tip amounts received by Service Professionals via the Services are subject to taxation and whether any amounts must be reported as tips. The Service Professional agrees that the tips received through Tippy’s program will be reported to the employer for purposes of the stylist’s obligation to report tips to the employer as required by federal and state law. It is the responsibility of each Service Professional and each Participating Entity to determine the proper application of taxes to the tip amounts received via the Services, including any payroll and income taxes. It is also the responsibility of each Participating Entity to determine whether (i) amounts must be reported as tip income to the Service Professionals or the appropriate tax authorities; (ii) any taxes, including income and payroll taxes (e.g., FICA and FUTA), related to the tips must be withheld from other wages paid to the Service Professional; (iii) it must pay the employer’s share of payroll taxes with respect to tip amounts; and (iv) withholdings must be remitted to the appropriate tax authorities. The Service Professional understands and agrees that Tippy will not calculate, withhold, or remit any taxes with respect to tip amounts received by Service Professional via the Services, and that Tippy will not have responsibility to report any tax withholding or payments to the Service Professional or tax authorities, including without limitation Forms W-2, 1099, or 1099K or their state or local equivalents. It is the Service Professional’s exclusive responsibility to properly report and pay applicable taxes on any tip amounts received by Service Professional via the Services to the appropriate tax authorities, and Tippy shall not be responsible for Service Professional’s failure to do so. The Service Professional also understands and agrees that Tippy will not provide any advice regarding the taxation or reporting of tips received through Tippy.
(d) Tippy will make commercially reasonable efforts to ensure that tips are received by you in the amount either (i) designated by the client to whom you provided services (if the client particularly identifies a tip amount for you), or (ii) as directed by the business for which you work.
- Proprietary Rights in the Services.
(a) Definitions. For purposes of these Terms, “Intellectual Property Rights” means all patent rights (including, without limitation, patent applications and disclosures), copyright rights, trade secret rights, trademark rights, rights in know-how, and any other intellectual property or proprietary rights recognized in any country or jurisdiction in the world.
(b) Tippy Ownership. Subject to the limited rights expressly granted hereunder, Tippy reserves all rights, title and interest in and to the Services (including all source code relating to the App) and all trademarks and service marks used by Tippy in connection therewith, including all related Intellectual Property Rights. No rights are granted to you hereunder other than as expressly set forth herein.
- Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all Intellectual Property Rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
- Content Ownership, Responsibility and Removal.
(a) Definitions. For purposes of these Terms: (i) “Content” means text, data, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services, including information on the tips received by you via the Services or that you otherwise enter into the Services (for example, information on your cash tips). Content includes without limitation User Content.
(b) Our Content Ownership. Tippy does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Tippy and its licensors exclusively own all right, title and interest in and to the Content, including all associated Intellectual Property Rights. You acknowledge that the Services and Content are protected by copyright, trademark, trade secrets, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
(c) Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Tippy a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with (i) operating and providing the Services and Content to you, other Account holders and other Tippy’s customers and (ii) for any other purpose in connection with Tippy’s business.
(d) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Tippy on or through the Services will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(e) Removal of User Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(f) Rights in Content Granted by Tippy. Subject to your compliance with these Terms, Tippy grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes, but in each instance, only as the functionality of the App allows you to download, view, copy, display, and print such Content.
(g) Access to User Content by Participating Entities. If you are a Service Professional, you acknowledge that, as part of the Services, your User Content will be accessible by the Participating Entity that employs you. We are not responsible for any use of User Content by Participating Entities, including any use for the purposes described in Section 6(c).
- Rights and Terms for Apps.
(a) Rights in App Granted by Tippy. Subject to your compliance with these Terms, Tippy grants to you a limited, revocable, non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App (or any Content made associated with the App); (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Tippy reserves all rights in and to the App not expressly granted to you under these Terms.
(b) Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- These Terms are concluded between you and Tippy, and not with the App Provider, and Tippy (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Tippy.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s Intellectual Property Rights, Tippy will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must also comply with all applicable third party terms of service when using the App.
- General Prohibitions and Tippy’s Enforcement Rights. You agree not to do any of the following:
(a) Upload or submit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property Rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is harmful, threatening, abusive, harassing, vulgar, obscene or otherwise objectionable; or (iv) is fraudulent, false, misleading or deceptive;
(b) Use, display, mirror or frame the Services or any individual element within the Services, Tippy’s name, any Tippy trademark, service mark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Tippy’s express written consent;
(c) Access or tamper with Tippy’s computer systems, or the technical delivery systems of Tippy’s providers;
(d) Attempt to probe, scan or test the vulnerability of any Tippy system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Tippy or any of Tippy’s providers or any other third party (including another user) to protect the Services or Content;
(f) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Tippy or other generally available third-party web browsers;
(g) Use any meta tags or other hidden text or metadata utilizing a Tippy trademark, logo URL or product name without Tippy’s express written consent;
(h) Use the Services or Content, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;
(i) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
(j) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; or
(k) Violate any applicable law or regulation; or
(l) Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
- Links to Third Party Websites or Resources. The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
- Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 9(a), 9(b), 9(c), 14, 15, 16, 17, 18, and 19.
- Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. TIPPY IS NOT A LAW FIRM, FINANCIAL PLANNER OR TAX ADVISOR, AND THE SERVICES ARE NOT INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. TIPPY’S SOLE RESPONSIBILITY TO YOU IS TO MAKE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT YOU RECEIVE TIPS ALLOCATED TO YOU IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. TIPPY HAS NO RESPONSIBILITY FOR ENSURING THAT YOU ARE PAID IN COMPLIANCE WITH ANY APPLICABLE WAGE AND HOUR LAWS, AND MAKES NO WARRANTIES TO YOU IN THAT REGARD. TIPPY’S OBLIGATION TO COORDINATE TRANSMISSION OF YOUR TIPS TO YOU IS EXPRESSLY CONTINGENT ON THE CUSTOMER WHO TIPS YOU ACTUALLY TENDERING THE TIP. TIPPY DOES NOT GUARANTEE THE PAYMENT OF ANY AMOUNTS TO YOU. IF THE TRANSACTION THROUGH WHICH THE TIP IS TENDERED IS DECLINED, REVERSED, OR FAILS FOR ANY REASON, TIPPY SHALL HAVE NO OBLIGATION TO PAY YOU THAT TIP. IF TIPPY HAS ADVANCED TIP FUNDS TO YOU, BUT THE TIP IS NOT ULTIMATELY PAID BY THE CUSTOMER, TIPPY SHALL HAVE THE RIGHT TO RECAPTURE THE TIP FROM YOU, INCLUDING BY OFFSETTING IT AGAINST FUTURE TIP AMOUNTS.
- Indemnity. You will indemnify and hold harmless Tippy and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content (including allegations that your User Content infringes the Intellectual Property Rights of third party), or (iii) your violation of these Terms.
- Limitation of Liability.
(a) NEITHER TIPPY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TIPPY OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IN NO EVENT WILL TIPPY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO TIPPY FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TIPPY, AS APPLICABLE.
(c) TIPPY IS NOT YOUR EMPLOYER AND HAS NOT ENGAGED YOU TO PERFORM ANY WORK. TIPPY HAS NO RESPONSIBILITY FOR ENSURING THAT YOU ARE CLASSIFIED OR PAID IN ACCORDANCE WITH APPLICABLE WAGE, HOUR, OR EMPLOYMENT LAWS. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM CONCERNING THE TERMS AND CONDITIONS OF YOUR WORK AGAINST TIPPY.
(d) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TIPPY AND YOU.
- Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Tippy are not required to arbitrate will be the state and federal courts having jurisdiction in Fort Lauderdale, Florida, USA, and you and Tippy each waive any objection to jurisdiction and venue in such courts.
- Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We each 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 the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Tippy agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Tippy are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions and Opt-out. As limited exceptions to Section 18(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our Intellectual Property Rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at email@example.com or by regular mail at 2755 E Oakland Park Blvd Suite 300, Fort Lauderdale, FL 33306 within thirty (30) days following the date you first agree to these Terms.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Class Action Waiver. YOU AND TIPPY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(f) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Tippy changes any of the terms of this Section 18 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Tippy’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Tippy in accordance with the terms of this Section 18 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
(g) Severability. With the exception of any of the provisions in Section 18(e) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
- General Terms.
(a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Tippy and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tippy and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Tippy’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Tippy may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Notices. Any notices or other communications provided by Tippy under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; (ii) by posting to the Services; or (iii) as otherwise authorized by these Terms. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights. Tippy’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tippy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
- Contact Information. If you have any questions about these Terms or the Services, please contact Tippy at email@example.com.