TERMS OF SERVICE

Dopple, LLC (“Dopple,” “we,” “us,” and “our”) provides gift-registry services. This website (the “Site”) is operated by Dopple, LLC (“Dopple”). Throughout the Site, the terms “we”, “us” and “our” refer to Dopple. We’ll refer to the Site and our services collectively as the “Service.”

Please read these Terms of Service (“Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the Service. By using our Service, you agree to be bound by these Terms.

If you do not agree to these Terms, then you may not access or use the Service. We may, from time to time, make available new features, products, or tools. Your use of any such features, products or tools will always be subject to the Terms.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND DOPPLE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

SECTION 1 - CHANGES TO THESE TERMS OR THE SERVICE

We may update the Terms from time to time, at our sole discretion. If we do so, we’ll inform you by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Service. If you continue to use the Service after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may no longer use the Service. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.

SECTION 2 - ELIGIBILITY TO USE SERVICE

You may use the Service only if you are: (i) 18 years or older, (ii) capable of forming a binding contract with us, and (iii) are not barred from using the Service under applicable law.

SECTION 3 - HOW TO JOIN

Customers may participate in our Service as a (1) Registry Creator (2) Gift Giver (3) Service Provider or any combination thereof. You can become a member of the service by creating an account (“Account”) with Dopple via our Registry or any other Dopple LLC-owned website. If you already have an account with certain third-party social networking services such as Facebook or Google (each, an “SNS Account”), you can create your Account by granting us permission to extract from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS account permit us to access.

Please provide us with current, complete and accurate information for your Account, and you agree to promptly update your Account information, including your email address, shipping address, and, when necessary in order to use the Service as you intend, payment information as defined below. If you do not provide this information, we may need to 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.

SECTION 4 - ACCESS AND USE OF SERVICE

(a) Service Description: Our Service is designed to provide registry creators with the ability to create a list of items they would like to receive as gifts from sources including the Dopple Store and Dopple Clothing Service; product vendors with which Dopple has partnerships and affiliate agreements; service providers we agree to list in our Dopple website, and any other acceptable online stores where a link to purchase products may be available. Our Service enables fractionalizing gifts for multiple givers to contribute toward singular purchases, and offers the ability to share a public view of a registry. Our Service also offers service providers a way to submit their business information for listing publicly to potential customers who may be interested in those services, whereby the customer may then register for contributions from gift givers toward payment of those services at some time in the future.

(b) Limitations of our Services: We offer Services to help our users find, coordinate, and maintain care for their families. However, except where specifically provided in these Terms, in any applicable Additional Terms, or on the Site itself,

We do not employ any Service Providers and are not responsible for the conduct, whether online or offline, of any Registry Creator, Service Provider, or other user of the Site or Services. Registry Creators are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish.

We do not control or vet content provided by Registry Creators and Service Providers for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by Registry Creator or Service Providers on or off the Site. We do not assume and expressly disclaim any liability that may result from the use of information provided on our Site.

We do not refer or recommend Registry Creators or Service Providers nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Service Providers or the integrity, responsibility or actions of Registry Creators or Service Providers whether in public, private or offline interactions. Any screening of a Registry Creator or Service Provider and his, her or its information by Dopple, LLC is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or provider.

We are not an employment agency, and we do not secure or procure employees for any Registry Creators, nor do we secure or procure opportunities for employment for any Service Providers.

We do not control, monitor, supervise, or oversee the quality, timing, hours or legality of services delivered by Service Providers, nor do we require Service Providers to accept or work any jobs or deliver any services at all.

We do not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license.

We may offer certain Registered Users the opportunity to verify certain information such as their email address, cell phone number, or, in some cases, their professional licensing information. If we indicate that certain information has been verified, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant, that the information is accurate or that it belongs to the Registered User who supplied it.

Please review carefully the Release of Liability Form Third-Party Content and Conduct that appears in Section 13 below.
1.3 User Responsibilities

Registered Users are solely responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate Care Seeker or Care Provider for themselves or their family. The only exception is when a third party we or one of our subsidiaries contracts with to provide services in support of the Backup Care Service selects on behalf of the Registered User the specific individual Backup Care Provider from the agency who will provide backup or senior care services. In that limited circumstance only, the agency (as opposed to the Registered User) is responsible for screening the Backup Care Provider it selects on behalf of the Registered User.

Please visit our Safety Center at www.care.com/safety-center-p1273.html for recommendations on how to make more informed hiring and employment decisions, as well as for tips if you are a Care Seeker looking to find another Care Seeker with whom to share child care services in your area. Each Care Seeker is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Care Provider they select as well as that Care Provider’s eligibility to work in the US.
Payments and Service Orders

(a) Certain Services may be available exclusively online through the Site. These Services may have limited registration slots. The respective service providers that offer their goods and services through the Dopple website (each a “Service Provider”) reserve their right to limit the quantities of any Services that the Service Provider offers. All descriptions of Services, pricing and availability are subject to change at any time without notice, in the Service Provider’s sole and absolute discretion. The Service Provider reserves the right to discontinue any Services at any time.

(b) The Service Provider reserves the right to refuse any order you place with the Service Provider at any time and for any reason in the Service Provider’s sole and absolute discretion. The Service Provider may, in its sole and absolute discretion, 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 billing and/or shipping address. In the event that the Service Provider makes a change to or cancels an order, the Service Provider may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

(c) Dopple is not responsible for Service Providers who do not or are unable to fulfill a particular order or registry request. If a Service Provider fails to fulfill a service request and/or Member does not confirm, a Service Provider will not be paid and therefore a Member can re-allocate funds to another Service Provider of that Service Type in the Dopple list. IF for whatever reason, a Member cannot find a suitable Service Provider on Dopple for a Service Type that has been funded, Member can contact Customer Service to request re-allocating those funds to another Service Type.

In the event that Member cannot find any suitable Service Providers of any Service Type added to her Registry in a suitable timetable for her needs, then the Member can receive store credit in the amount of the funds that were raised for that Service.

In the event that Member cannot find acceptable products/services on Dopple platform prior to Due Date, Member can receive cash out up to a maximum of $600, with any excess remaining as a store credit.
5. Prices, Taxes, and Non-Refundable.

(a) Dopple LLC reserves the right to review and accept the price of tangible products and affiliate services sold through the Dopple site. Dopple does not determine the price of services listed by Service Providers. All prices displayed on the Site are quoted in U.S. Dollars. If you register for or agree to contribute to any Services through the Site, you are agreeing to pay the amounts confirmed in services registered for and subsequently booked with Service Providers. Dopple will allocate funds from gift givers supporting your registry to pay Service Providers.

(b) If you have purchased telephone or videoconference consultations from a Service Provider and scheduled consultations, the Service Provider will make three attempts to contact you at the telephone number or email address you provided to the Company or other specified method during the date and time scheduled. If you do not answer after the third attempt, your consultation will be cancelled (a “No Show”) and you will be ineligible for a refund. Gift cards are not eligible for refund. If you have violated any of the terms of this Agreement, you forfeit your right to any refund. These are your sole remedies if you are dissatisfied with the Services or for a No Show. Except as specifically provided in this section, all payments are non-refundable.
6. Payments

Amounts due from you may be paid by authorized credit card (your “Card”). Dopple uses a third-party credit card processor to process the fees owed by you. You agree that the credit card processor, and not Dopple, will be responsible for any errors by the credit card processor in processing fees. When you provide your Card information, you represent and warrant that you are permitted to use the Card and that all Card information and billing information is current, correct, and complete. If you have any question about a charge on your Card, provide written notice to Dopple. You agree that you will not exercise and unconditionally waive any chargeback rights you may have by use of your Card. If you deliberately or inadvertently issue a chargeback to your credit card, your account will be terminated, and you agree to pay Dopple’s standard processing and collection fee. You agree that we may use personal information that you provide in order to conduct appropriate anti-fraud checks. Personal information that you provide may also be disclosed to a third-party credit reference or fraud prevention agency which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your personal information and data.

Fractionalizing gifts: Our service enables multiple gift-givers to contribute portions of a total payment toward a gift valued at $100 or more. If a gift is not fully funded at the time the registry creator wishes to receive the gift, the receiver of the gift may choose to contribute cash through paying directly to Dopple for the remaining portion of the gift, which we will then fulfill; OR the registry creator may opt to apply the credit in the amount contributed elsewhere in the Dopple Store. There is no obligation on the part of Dopple to make the original amount registered for whole, nor is there any obligation on the part of Dopple to pay a service provider for services not booked as a result of the deficit. If a gift-giver provides monies towards the purchase of a subscription, they will not be responsible for any recurring membership fees or payments. Only the registrant is responsible for any outstanding invoices to which they may apply the gift-giver’s monies.

Sharing a registry: Registry creators may share links to their Dopple registry pages to any person by email, or by sharing a link on social media or any other electronic or printed means. The registry link may be crawlable by Search Engines. It is the responsibility of the registry creator to opt to show the registry information publicly, and to decide whether to toggle on a viewable shipping address or to keep shipping address hidden. Dopple is not responsible for the decision the registry creator makes in setting this preference.

Service Providers affiliated with the Dopple Service are subject to additional terms as outlined in the Service Provider Terms section below.

You may suspend your membership at any time by contacting us at [email protected]. To protect you and Dopple from fraud, Dopple may contact you from time to time to verify your identity.

(b) Right to Refuse Service: We reserve the right to refuse service to anyone for any reason at any time. We also reserve the right, but are not obligated, to limit our Service to any person, geographic region or jurisdiction, and we may exercise this right on a case-by-case basis.

(c) Return Policy; Shipping: Dopple Registry accepts returns on tangible products that Dopple has fulfilled for credit to the Dopple Store only. Credit is good for 12 months from date of issue and for any product or service. Returns must be requested by email within 90 days of shipment. Items eligible for return must be in original packaging and condition. Customers must contact us to find out if we will ask them to ship the item back to us or keep and donate. This will be determined based on shipping costs. Shipping items will not always be necessary, but we hold the right to decide whether to issue credit for an item returned to us or retained by the customer, and will communicate our decision to the customer by email.

For items we require customer to return for credit, in order to provide customer with free return shipping, items must be so returned using a pre-paid return label provided by Dopple.

SECTION 5 - SUBSCRIPTIONS

Members of our Service may register to be enrolled in certain subscription (“Subscription”) services available on the Dopple Store. In accordance with the terms of each subscription, your account will be automatically charged the Subscription Fee. The Subscription services are separate and distinct from fractionalized recurring purchases that Members may add to their registry. For recurring purchases like diapers or meals available for group gifting or fractionalized gifting on the registry, the total number of units added and funded will constitute the only financial obligation for gifters..

If the subscription is a Dopple-owned and operated service, then terms of that service will apply. For all others, terms apply per the business that owns and operates that subscription.

We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE US TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH IN THE TERMS OF THE SUBSCRIPTION.

SECTION 6 - FEEDBACK

If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”Feedback”), you grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, any and all intellectual property rights that you own or control to edit, copy, create derivative works based on, publish, distribute, translate and otherwise use in any medium any Feedback for any purpose. We are under no obligation to (1) maintain Feedback in confidence; (2) compensate you for Feedback; or (3) to respond to Feedback.

SECTION 7 - PERSONAL INFORMATION, CONTACTING USERS, and RECORDED CALLS

If we need to contact you to service your account or to collect amounts you owe, you authorize us (and our affiliates, agents and contractors, such as debt collection agencies and service providers) to contact you at any phone number or email address you provide, from which you contact us, or at which we believe we can reach you. We may contact you in any way, such as calling, texting, emailing, sending mobile application push notifications or using any other method of communication permitted by law. We may contact you using an automated dialer or prerecorded messages. We may contact you on a mobile, wireless or similar device, even if you are charged for it. We may monitor and record any calls between you and us. You also certify that any email address you provide is a personal email address and not a work email address. If you change your email address, it is your obligation to update your email address. For more information on how we collect, use and disclose personal information from users, please see our Privacy Policy, available at https://www.thedopple.com/privacy-policy. You acknowledge and agree that your use of the Service is subject to our Privacy Policy.

SECTION 8 - CONTENT OWNERSHIP, RESPONSIBILITY AND REMOVAL

(a) Definitions: For purposes of these Terms: (i) “Content” means text, 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 Service and (ii) “User Content” means any Content that Members (including you) provide to be made available through the Service. Content includes without limitation User Content.

(b) Our Content Ownership: Dopple 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, Dopple and its licensors exclusively own all right, title and interest in and to the Service and Content, including all associated intellectual property rights. You acknowledge that the Service and Content are protected by copyright, trademark, 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 Service or Content. Subject to your compliance with these Terms, Dopple 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 Service and solely for your personal and non-commercial purposes.

(c) Your User Content: By making any User Content available through the Service you hereby grant to Dopple 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 operating and providing the Service and Content to you and to other Dopple Members. 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, and neither your User Content, nor any use of your User Content by Dopple on or through the Service 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.

(d) Removal of User Content: You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Service. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

ADDITIONAL TERMS APPLICABLE TO WORKING WITH SERVICE PROVIDERS

Assumption of Risk. The information presented on or through the Services is made available for general information purposes only. Dopple, LLC does not warrant the accuracy, completeness, suitability or quality of any such information. Any reliance on such information is strictly at your own risk. Dopple, LLC disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user to the Services, or by anyone who may be informed of any of its contents.

In order to list goods and services on the Dopple registry, Service Providers agree to furnish truthful information requested in pursuit of a listing of said service according to requirements in our submission forms, and agree to keep the information up to date within a reasonable timeframe from date of changes to any details in the listing record.

Service Providers must agree to accept payment for services rendered for services booked by Dopple, LLC customers via Dopple platforms via Dopple-enabled payment mechanisms including but not limited to Stripe Connected Accounts. Payments for services shall be rendered to Service Providers upon confirmation by the registered Registry Creator account holder that the service has been rendered. Payment amounts will be determined by the amount approved on the invoice submitted through our system and approved by Registry Creator for payment.

Subsequently, the Registry Creator account will be debited the full amount of the payment at the time of payment. Disputes will be handled by our customer service department.

At no time shall Dopple be liable to Service Provider for the acts or omissions of registry creators, payment processors or other third parties. The Service Provider understands that Dopple has created a platform to connect individuals interested in registering for gifts through Service Provider.

If at any time Dopple learns that (or has reason to believe) that Service Provider is not complying with these Terms, Dopple may terminate Service Provider’s access to the platform and de-list Service Provider’s goods and services.

SECTION 9 - GENERAL PROHIBITIONS

You agree not to do any of the following:

(a) Post, upload, publish, submit or transmit any User 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; or (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

(b) Use, display, mirror or frame the Service or any individual element within the Service, Dopple’s name, any Dopple trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Dopple’s express written consent;

(c) Access, tamper with, or use non-public areas of the Service, Dopple’s computer systems, or the technical delivery systems of Dopple’s providers;

(d) Attempt to probe, scan or test the vulnerability of any Dopple 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 Dopple or any of Dopple’s providers or any other third party (including another user) to protect the Service or Content;

(f) Attempt to access or search the Service or download content from the Service using 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 Dopple other generally available third-party web browsers;

(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(h) Use any meta tags or other hidden text or metadata utilizing a Dopple trademark, logo URL or product name without Dopple’s express written consent;

(i) Use the Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;

(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;

(l) 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 Service;

(m) Impersonate or misrepresent your affiliation with any person or entity;
(n) Violate any applicable law or regulation;

(o) Solicit gifts or cash contributions under false pretenses, or send any Unsolicited Communications, including unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.

(p) Encourage or enable any other individual to do any of the foregoing.

We are not obligated to monitor access to or use of the Service or to review or edit any content. However, we have the right to do so for the purpose of operating the Service, 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, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

SECTION 10 - COPYRIGHT POLICY

Dopple respects copyright law and expects its users to do the same. It is Dopple’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

SECTION 11 - THIRD-PARTY LINKS, GOODS and SERVICES

Dopple offers a platform to connect users and Service Providers, allowing users to complete a registry of goods and services they desire and a convenient way to share their wish-list with friends and loved ones. The Service includes offers of goods and services from third parties and may include links to third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources and purchases of third-party goods and services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or services, or specifically through our Site. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction with such third parties.

SECTION 12 - DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, CONTENT AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED ‘AS IS,’ WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WHILE WE TRY TO SEND YOU OUTFITS THAT MATCH THE INFORMATION YOU PROVIDE IN RESPONSE TO OUR QUESTIONNAIRE, WE DO NOT GUARANTEE OR WARRANT THAT ALL OR ANY OF YOUR DEMANDS WILL BE MET, OR YOUR COMMENTS OR INSTRUCTIONS WILL BE FOLLOWED. IT IS SOLELY YOUR RESPONSIBILITY TO CHECK EACH ITEM IN THE SHIPMENT, SATISFY YOURSELF ABOUT ITS QUALITY AND THE MATERIALS USED, AND ENSURE THAT YOUR NEEDS ARE MET. We make no warranty that the Service 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 or product that we ship. Please note that if any product delivered to you via the Service contains a warranty from its manufacturer, then such warranty is from the manufacturer of the product and not us, and we will not be responsible for any fulfillment of such warranty. MOREOVER, ANY SERVICE PROVIDER MAY HAVE ITS OWN WARRANTIES ASSOCIATED WITH THEIR PRODUCTS AND SERVICES, AND DOPPLE IS NOT RESPONSIBLE FOR ENSURING THAT THEY SERVICE PROVIDER COMPORTS WITH SUCH WARRANTIES. WE DO ASK THAT YOU ALERT US TO PROBLEMS SO THAT WE MAY ADDRESS WITH THE SERVICE PROVIDER.

SECTION 13 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE WILL DOPPLE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE SERVICES, OR ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOPPLE OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE WILL DOPPLE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO DOPPLE FOR USE OF THE SERVICE OR TEN DOLLARS ($10), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO DOPPLE, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOPPLE AND YOU.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Dopple and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any claim, demand, dispute, damages, liabilities, losses, or costs or expenses, including without limitation, reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, your violation of any law or the rights of a third party, your User Content, or your access to or use of the Service. Such indemnification obligation applies to, but is not limited to Registry Creators, Gift Givers, and Service Providers and their failure to comply with these Terms, including any failure to provide services, goods or payment.

SECTION 15 - TERMINATION

You may cancel your Account at any time by notifying us at [email protected]. We may cancel your Account, or terminate your access to and use of the Service, at our sole discretion, at any time and without notice to you.

Upon any termination, discontinuation, or cancellation of the Service or your Account, any obligations and liabilities incurred by you or Dopple prior to the termination date, and the following provisions, will survive 6, 8, 9, 12, 13, 14, 15, 16, 17, 18, and 19.

SECTION 16 - 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 California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Dopple are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Dopple each waive any objection to jurisdiction and venue in such courts.

SECTION 17 - 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 Service (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Dopple agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Dopple 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 17(a) above: 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.

(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.

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, and we won’t seek to recover the administration and arbitrator fees we are responsible for, 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) Injunctive and Declaratory Relief: Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(f) Class Action Waiver: YOU AND DOPPLE 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.

SECTION 18 - SEVERABILITY

With the exception of any of the provisions in Section 17(f) 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.

SECTION 19 - GENERAL TERMS

(a) Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between Dopple and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Dopple and you regarding the Service. 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 Dopple’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Dopple 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 Dopple under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. 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: Dopple’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 Dopple. 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.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms should be sent to us at [email protected].