Terms of Use

Effective Date: March 7, 2024

INTRODUCTION

These Terms of Use (“Terms”) govern your use of the website located at www.papatui.com; any other websites, mobile applications, and other digital platforms or services operated by PAPATUI LLC (“Papatui,” “we,” “us” or “our”) where these Terms are posted; and all of the content, functionality, and services available via the foregoing (collectively, the “Sites”). 

These Terms represent a binding contract between Papatui and you. By creating an account, making a purchase, or otherwise using the Sites (except for the limited purpose of reviewing these Terms or other agreements or policies on the Sites), you expressly represent that:

• You agree to be bound by these Terms; and
• You (a) have reached the age of majority in your jurisdiction of residence or (b) are thirteen (13) years of age or older but below the age of majority and are using the Sites under the supervision of a parent or legal guardian who has agreed to these Terms on behalf of you and himself/herself.

IF YOU DO NOT AGREE TO THESE TERMS, IF YOU DO NOT SATISFY THE ABOVE AGE REQUIREMENTS, OR IF THESE TERMS ARE NOT ENFORCEABLE WHERE YOU ARE LOCATED, YOU ARE NOT PERMITTED TO USE THE SITES OR PROVIDE ANY INFORMATION TO US. 

Certain areas, features, or functionalities of the Sites may be subject to different or additional terms, rules, guidelines, or policies (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other means. All Additional Terms are hereby incorporated by reference into these Terms, and any reference to the “Terms” in this agreement includes the Additional Terms. From time to time, Additional Terms may conflict with these Terms; in the event of such a conflict, the Additional Terms will control.

IMPORTANT NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. 

JURISDICTION 

Papatui controls and operates the Sites from within the United States and makes no representations or warranty that the Sites are appropriate or available for use or access in any location outside of the United States. Anyone using or accessing the Sites from outside the United States does so on their own risk and is responsible for compliance with all applicable laws and regulations, including U.S. and international export control laws and regulations.  

INFORMATIONAL PURPOSES ONLY

The information provided through the Sites is for educational and informational purposes only. While the Sites may contain information and perspectives on various products, including personal care products, the Sites are not intended to provide, and no information on the Sites should be treated as, any type of professional advice, medical or otherwise. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content on the Sites.

ACCOUNT CREATION AND PASSWORDS

To access certain portions of the Sites, you may need to create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, or of we otherwise have reason to believe that you have violated these Terms during the account creation process, we reserve the right to terminate your account and suspend your use of the Sites. 

You are responsible for preserving the confidentiality of your account credentials and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your credentials are being used.

OWNERSHIP OF THE SITES

The Sites and their content, features, and functionalities, including all information, text, graphics, trademarks, button icons, images, audio clips, video clips, and data compilations, and the design, selection and arrangement thereof (collectively, the “Papatui Content”), are the exclusive property of Papatui, our licensors, or other content suppliers, and are protected by United States and international copyright, trademark, patent, and other intellectual property and proprietary rights laws, and may not be used or exploited in any way without our prior written consent. 

We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use the Sites only for personal, non-commercial use, and subject to these Terms. This license is available to you as long as you are not barred from the Sites by applicable law and your access is not terminated by you or us. Papatui reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

Under this license, you may download information from the Sites and print out a hard copy for your personal, non-commercial use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained thereon. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works based on any Papatui Content, in whole or in part, in any manner, without the prior written authorization of Papatui and any applicable third party suppliers. Further, without the prior written permission of Papatui, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the Papatui Content, or incorporate any intellectual property of the Sites, Papatui, or any of our licensors into another website or other service.

Any unauthorized use of the Papatui Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable laws. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

USER CONTENT & LICENSE GRANT BY YOU

Certain aspects of the Sites may permit users to submit, post, link, share, or otherwise make available information and content (“User Content”). User Content has not necessarily been reviewed or approved by Papatui, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any such content. Any views or opinions expressed in User Content belong to the users who shared the content and not to Papatui. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on any such content.  

You will retain ownership of any intellectual property rights that you own in your User Content, but, in exchange for the opportunity to use the Sites and contribute User Content, you automatically grant, or warrant that the owner of such content has expressly granted, to Papatui a royalty-free, perpetual, irrevocable, worldwide, unlimited, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and otherwise use and exploit your User Content in any media or medium and any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses. 

User Content shall be deemed non-confidential and Papatui shall, therefore, have no obligation to keep any such material confidential. As such, Papatui shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including developing, manufacturing, and marketing products incorporating such information. You agree that you, and not Papatui, are responsible for your User Content, including and any legal liability arising therefrom.

VIDEO CONTENT ON THE SITES

The Sites may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on the Sites and is, therefore, provided in connection with Papatui’s sale of personal care products and other consumer goods. Papatui is not in the business of renting, selling, or delivering Video Content in a commercial manner. By using the Sites, you agree that Papatui is not a “video tape service provider” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710. 

Further, the Sites may utilize online tracking technologies and code-based tools, including social media pixels, software development kits, and cookies that track information about your activity on the Sites (collectively, “Targeting Tools”). Targeting Tools may result in information about your activity on the Sites being transmitted from your browser to Papatui and to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites. Whether Targeting Tools on the Sites result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of Papatui’s knowledge or control, including what third-party websites you use, what information you have provided to such third parties, and whether (and the extent to which) you have limited the use of cookies by the operators of third-party websites. As such, you hereby acknowledge and agree that if Targeting Tools on the Sites result in your browser’s transmission of information to third-party websites, (i) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by Papatui under the VPPA and (ii) you will not initiate any litigation or otherwise assert any claim against Papatui based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), or any other statute, regulation, or cause of action.      

PRODUCT DESCRIPTION, AVAILABILITY & PRICING INFORMATION

Papatui strives to be as accurate as possible and eliminate errors on the Sites. However, there may be information on the Sites that contains typographical errors, inaccuracies, or omissions and they may relate to product descriptions, pricing, promotions, offers, and/or availability. In addition, certain products displayed on the Sites may have limited quantities and may not always be available.  

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Sites at any time and without prior notice (including after you have submitted an order). In the event that any errors, inaccuracies, or omissions affect an order you have already placed, your sole remedy is to submit a refund request, to the extent available under our Refund Policy, which is set forth below in these Terms. The prices displayed on the Sites are quoted in U.S. Dollars, and are subject to change without notice.  

Further, while we strive to display the colors of our products as accurately as possible, we cannot guarantee that your device’s display of these colors will always be accurate. Differences in color and other variations in the products displayed on the Sites may be possible as a result of differences in display technologies or for other technical reasons. More generally, we do not warrant that the quality of any products purchased or obtained by you via the Sites will meet your expectations. If any product offered on the Sites is not as described or pictured, or otherwise does not meet your expectations, your sole remedy is to consult our Refund Policy.

SITE TRANSACTIONS

At this time, Papatui only sells the products offered on the Sites to residents of the fifty (50) United States and the District of Columbia. As such, to place an order on the Sites, you must have a United States address within the fifty (50) United States or the District of Columbia. If you wish to purchase any product available through the Sites, you will be asked to supply certain information relevant to your order, including information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY ORDER.  

You further agree to provide current, complete, and accurate information for all orders placed on the Sites. You agree to promptly update your account and other information, as applicable, so that we can complete your order and contact you as needed. By submitting any information in connection with an order, you grant to Papatui the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of the information you provide in connection with an order may be required prior to Papatui’s acceptance of the order.  

Papatui’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of the relevant items has been confirmed. We reserve the right to refuse service, terminate accounts, or cancel or modify orders and shall have no liability to you other than refunding your order, if applicable. Without limiting the foregoing, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same email, billing, or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing phone number provided at the time the order was made or by using other contact information that we have for you in our records. 

Purchase of our merchandise for resale purposes is prohibited. We reserve the right to limit or prohibit orders that appear to be placed by unauthorized dealers, resellers, or distributors and to cease doing business with such customers, with no further notice. 

You agree to pay all charges that may be incurred by you or on your behalf through the Sites, at the price in effect when such charges are incurred, including all shipping and handling charges. You are solely responsible for any taxes that may be applicable to your orders. Further, it is your responsibility to ascertain and obey all applicable laws in regard to the receipt, possession, and use of any item purchased from the Sites. By placing an order, you represent that the products ordered will be used only in a lawful manner. Any offer for any product or service made on the Sites is void where prohibited.

Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Sites passes to the purchaser upon delivery to the carrier. 

REFUND POLICY 

If you are unsatisfied with a product that you purchase from the Sites, we will refund your purchase, subject to the following terms and conditions (the “Refund Policy”):

• You must provide proof of purchase in the form of a receipt or order confirmation issued by Papatui;
• You must initiate the refund request within thirty (30) days of the delivery of the product to you by the carrier;
• You are entitled to a maximum of one (1) refund per product; 
• If/when you receive a refund, you will no longer be entitled to a refund for subsequent purchases of that same product, meaning any such purchases will be final; 
• Refunds will be equivalent to the amount paid by you for the product (regardless of the product’s current price) and will exclude any shipping or handling fees paid by you; and
• Refunds will be issued to your original method of payment.

To initiate a refund request, please email us at support@papatui.com. This Refund Policy is applicable only to products purchased on the Sites. If you purchase any products advertised on the Sites from a third-party retailer, the policies of the retailer (if any) shall apply and we shall have no obligation or liability to you with respect to the return, refund, or exchange of any such products.  

USER CONDUCT

You agree not to contribute any User Content or otherwise use the Sites in any manner that:

• Is designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files, or programs);
• Interferes with or disrupts the proper functioning of the Sites or services connected to the Sites;
• Causes Papatui to lose (in whole or in part) the services of our internet service providers or other suppliers;
• Copies, modifies, creates a derivative work from, reverse engineers, decompiles, or otherwise attempts to extract the source code of the software underlying the Sites;
• Infringes any copyright, trademark, trade secret, patent, or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased;
• Impersonates any person, misrepresents your identity or affiliation with any person or organization, or creates the impression that your User Content emanates from or is endorsed by Papatui or any other person or entity if such is not the case.
• Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Involves any advertising or commercial sales activities, such as contests, sweepstakes, or other sales promotions;
• Links to materials or other content, directly or indirectly, to which you do not have a right to link;
• Causes annoyance, inconvenience, or needless anxiety, or that is likely to upset, embarrass, alarm, or annoy, another user of the Sites.
• Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, or libelous;
• Is discriminatory on the basis of race, sex, gender, sexual orientation, religion, nationality, ethnicity, disability, or age, or that is otherwise hateful or bigoted;
• Violates, or encourages anyone to violate, these Terms or any applicable law, regulation, or order.

Notwithstanding the foregoing restrictions, nothing in these Terms shall prohibit or restrict your ability to (i) make any “statement” protected by Cal. Civ. Code § 1670.8; (ii) engage in a “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (ii) express or publish any review, performance assessment, or other similar analysis (collectively, “Reviews”) about Papatui, its employees or agents, or its products or services, to the extent that such Reviews are protected by applicable law.

You agree that Papatui shall have the right—but not the obligation—to monitor, evaluate, and analyze any use of and access to the Sites and to remove, modify, or refuse to post any User Content for to the purpose of determining or enforcing compliance with these Terms or because the content in question is stale or not relevant to the applicable forum or topic. 

You further agree that Papatui has the right to (i) disclose your identity or other relevant information about you to any third party who claims that User Content contributed by you violates their rights; (b) take legal action, including referral to law enforcement, with respect to any illegal or unauthorized use of the Sites by you; and (c) cooperate with any law enforcement authorities or court order requesting or directing us to disclose your identity or other information. 

You agree that Papatui shall have no liability to you, and you hereby waive all claims, with respect to any action or inaction of Papatui with respect to (i) monitoring use of the Sites; (b) removing, modifying, or refusing to post any User Content; (c) determining or enforcing compliance with these Terms, including the disclosure of your information to other parties in connection with the same; and (d) cooperating with law enforcement on any matter related to the Sites. Further, you agree that Papatui shall not be liable to you with respect to the conduct of any other user of the Sites.

LINKS TO EXTERNAL SITES

The Sites may contain links to other websites. We are not responsible for the availability of these external websites nor do we necessarily endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites.

PRIVACY

We respect your privacy. Your submission of personal information through the Sites is governed by our Privacy Policy, which is hereby incorporated into these Terms by reference.

SMS MARKETING

By consenting to Papatui’s SMS program (the “Program”) during the checkout process or via other enrollment tools we provide, you are agreeing to receive recurring text messages regarding marketing offers, transactional matters (including related to your orders and account), and any other matters related to the Sites, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent to the Program is not a condition of purchase.

If you wish to stop from receiving text messages from Papatui, reply with STOP to any text message sent from us or use the unsubscribe link provided to you within our commercial email messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP in response to any of our messages or reach out to us at the contact information provided in these Terms. 

We have the right to modify any telephone number or short code we use to operate the Program at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Program.

DISCLAIMER OF WARRANTIES

UNLESS EXPRESSLY STATED OTHERWISE BY PAPATUI, (A) THE SITES (INCLUDING ALL SOFTWARE, CONTENT, SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE SITES) AND THE PRODUCTS OFFERED ON THE SITES ARE PROVIDED "AS IS”; (B) PAPATUI MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE SITES, THE PRODUCTS OFFERED ON THE SITES, OR ANY THIRD-PARTY WEBSITE, CONTENT, OR SERVICE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES; AND (C) PAPATUI DISCLAIMS IMPLIED WARRANTIES RELATED TO THE SITES AND THE PRODUCTS OFFERED ON THE SITES, INCLUDING THAT THEY ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. 

FURTHER, WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION, OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SITES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING. 

FURTHER, PAPATUI DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE, OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL PAPATUI BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITES. 

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, THE TERMS OF THIS SECTION SHALL APPLY TO GREATEST EXTENT ALLOWED UNDER APPLICABLE LAW.  

LIMITATION OF LIABILITY 

IN NO EVENT SHALL PAPATUI, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS (THE “RELEASED PARTIES”) BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (B) ANY LOSS OF USE, DATA, BUSINESS, REVENUE, OR PROFITS (WHETHER DIRECT OR INDIRECT); (C) ANY DAMAGES (INCLUDING FOR ANY DELAY OR FAILURE IN PERFORMANCE) ARISING FROM CAUSES BEYOND THEIR REASONABLE CONTROL; OR (D) ANY DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING IN ANY WAY IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITES OR ANY PRODUCTS PURCHASED ON THE SITES, IN ALL CASES REGARDLESS OF LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  

IN ADDITION, WHEN USING THE SITES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF THE RELEASED PARTIES. ACCORDINGLY, THE RELEASED PARTIES ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF THE SITES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THAT CASE, THE TERMS OF THIS SECTION SHALL APPLY TO GREATEST EXTENT ALLOWED UNDER APPLICABLE LAW. 

INDEMNIFICATION

You agree to defend (at Papatui’s option), indemnify, and hold Papatui harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to any breach by you of these Terms. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent.  

DISPUTE RESOLUTION

If there is any controversy, claim, action, or dispute between you and Papatui arising out of or related to (a) your use of (or inability to use) the Sites, (b) your purcahse or use of any product offered on the Sites, or (c) the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), even if the Dispute arose prior to the Effective Date of these Terms, you and Papatui agree to resolve the Dispute using the dispute resolution procedures set forth in this section. 

1. Informal Dispute Resolution 

You and Papatui agree to first attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall first send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (such notice being a “Dispute Notice”). 

All Dispute Notices must: (1) be personally signed by the Complaining Party; (2) include the Complaining Party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Papatui. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.  

Dispute Notices shall be sent to:

• To Papatui: You must send notice by electronic mail to support@papatui.com.
• To You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable.

You and Papatui will attempt to resolve the Dispute through informal negotiation within thirty (30) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Papatui (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Papatui will participate in the Conference through one or more representatives, which may include our counsel.  

Both you and Papatui agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect of the Informal Resolution Procedure has not been met, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer an arbitration or demand fees in connection with the Dispute.  

1. Binding Individual Arbitration

IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND PAPATUI AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. 

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Terms), before one arbitrator to be mutually agreed upon by both parties. Notwithstanding any other provision of these Terms, the arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) (the “JAMS Standards”) if (and only if) it is determined by JAMS or the arbitrator that the JAMS Standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference. 

For avoidance of doubt, you and Papatui agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to (i) resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable and (ii) rule on his or her own jurisdiction, including any objections with respect to the scope or validity of this section or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.  

Notwithstanding the foregoing, in lieu of arbitration either you or Papatui may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or misuse of its intellectual property rights (so long as any such claim is brought and maintained on an individual basis). In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa). 

CHOICE OF LAW AND CHOICE OF FORUM

These Terms have been made in and shall be construed in accordance with the laws of the United States and the state of New York, without giving effect to any conflict of laws principles. You and Papatui acknowledge that these Terms evidence a transaction involving interstate commerce and that arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 

CLAIMS OF COPYRIGHT INFRINGEMENT

We comply with the Digital Millennium Copyright Act (“DMCA”). If you have a concern regarding the use of copyrighted material on our Sites, please contact our agent designated for responding to reports of copyright infringement (“Designated Agent”). In the subject line of your message, please include “Re: Claim of Copyright Infringement.” The contact information for our Designated Agent is as follows: 

Papatui Designated Agent

104 S. Wayne Ave., PO Box 433

Wayne, PA 19087

admin@papatui.com  

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and;
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a compliant notice of copyright infringement, we will expeditiously remove or disable access to the allegedly infringing content. We may give notice to the user responsible for the content by means of a general notice on the Sites, email to the user’s address in our records, or written communication sent by first-class mail to the user’s physical address in our records. If you receive such a notice and believe that the content was removed as a result of mistake or misidentification, you may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, and where technically feasible, of account holders who are repeat infringers.

MODIFICATION AND TERMINATION OF THESE TERMS AND THE SITES

1. Changes to these Terms. We reserve the right to modify these Terms at any time. When we do so, we will update the “Effective Date” above. For material changes, we will seek to supplement such notice by email, a pop-up message on the Sites, another other prominent notice on the Sites, or by other reasonable means). Your use of the Sites following any changes to these Terms will constitute your acceptance of the Terms as modified. 
2. Termination of these Terms. These Terms will continue to apply to you until terminated by either you or Papatui. We may terminate these Terms or suspend your access to the Sites at any time if we believe you have breached any of these Terms, if we stop providing the Sites or any material component thereof, or as we believe necessary to comply with applicable law. You may terminate these Terms at any time by notifying us at the contact information provided in these Terms. If you or we terminate these Terms, or if we suspend your access to the Sites, you agree that (i) your right to access and use the Sites ceases immediately and (ii) we shall have no liability or responsibility to you in connection with the same. 

The following provisions shall survive the termination of these Terms: this section; the sections OWNERSHIP OF THE SITES (excluding the license granted to you), VIDEO CONTENT ON THE SITES, USER CONTENT AND LICENSE GRANT BY YOU, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION, DISPUTE RESOLUTION, CHOICE OF LAW & FORUM, and MISCELLANEOUS; and  any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.  

Modifications to the Sites. We also may change, restrict access to, suspend or discontinue the Sites, or any portion of the Sites, at any time, with or without notice. You understand, acknowledge and agree that Papatui will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Sites.

MISCELLANEOUS

1. Interpretation. In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall not limit the generality of the language preceding such term. Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, forth, or breadth of any other disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by Papatui, such decision or action shall be made, taken, or refrained from in Papatui’s sole discretion and judgment.
2. No waiver. If Papatui does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Papatui has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Papatui’s rights, and all such rights or remedies shall still be available to Papatui.
3. Severability. If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
4. Entire Agreement. These Terms and any Additional Rules set forth the entire understanding and agreement between us with respect to your use of the Sites.
5. Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent.  We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.
6. No Relationship. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Papatui. 
7. Notice to California Residents. 

• You may reach Papatui at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
• With respect to any limitations or disclaimers of warranties or liability included in these Terms, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

8. Admissibility. You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

CONTACT US

If you have any questions, comments or concerns about these Terms, please contact us at:

• support@papatui.com 

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