Terms and Conditions

/AGREEMENT TO TERMS/

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Slapple USA (“we,” “us” or “our”), concerning your access to and use of the www.slappleusa.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 21 years old. Persons under the age of 21 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Site and all of its contents—including but not limited to source code, databases, functionality, software, website design, audio, video, text, images, and graphics (collectively, the “Content”)—as well as the trademarks, service marks, and logos featured on the Site (the “Marks”), are the property of Slapple USA or are licensed to us. These materials are protected by U.S. and international copyright laws, trademark laws, and other intellectual property and unfair competition laws.

The Content and Marks are provided on the Site “AS IS” for your personal and informational use only. Unless expressly allowed in these Terms of Use, you may not reproduce, copy, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Site, including its Content or Marks, for any commercial purpose without our prior written consent.

As long as you are eligible to access the Site, we grant you a limited license to view and use it, and to download or print portions of the Content you are properly authorized to access—strictly for personal, non-commercial use. All rights not expressly granted to you in relation to the Site, the Content, and the Marks are reserved by us.

USER REPRESENTATION

By using the Site, you affirm and agree that:

  1. All registration information you provide will be truthful, accurate, current, and complete;

  2. You will keep this information accurate and up to date as needed;

  3. You have the legal authority to enter into this agreement and you agree to follow these Terms of Use;

  4. You are not considered a minor in your place of residence;

  5. You will not access the Site using any automated or non-human methods, such as bots, scripts, or similar technologies;

  6. You will not use the Site for any unlawful or unauthorized purposes; and

  7. Your use of the Site will comply with all applicable laws and regulations.

If any information you provide is found to be false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny your current or future access to the Site, in whole or in part.

USER REGISTRATION

You may need to create an account to access certain features of the Site. By doing so, you agree to keep your password secure and accept full responsibility for all activity that occurs under your account and password. We reserve the right, at our sole discretion, to remove, reclaim, or modify any username you choose if we find it to be inappropriate, offensive, or otherwise unacceptable.

PRODUCTS

We strive to present the colors, features, specifications, and details of the products listed on the Site as accurately as possible. However, we cannot guarantee that all product descriptions, images, or details will be entirely accurate, complete, reliable, up-to-date, or free from errors. Please note that your device’s display settings may affect how product colors and details appear.

All products are offered subject to availability, and we do not guarantee that any particular item will be in stock. We reserve the right to discontinue any product at any time and for any reason. Additionally, product prices are subject to change without notice.

PURCHASES AND PAYMENT

We accept the following payment methods:

  • Visa

  • Mastercard

  • American Express

  • Discover

By making a purchase through the Site, you agree to provide current, complete, and accurate account and payment details. You also agree to promptly update your account information—such as your email address, payment method, and payment card expiration date—to ensure we can process your transactions and reach you if necessary.

Sales tax will be applied to purchases as required. We reserve the right to adjust prices at any time. All transactions must be made in U.S. dollars. You agree to pay all charges at the rates in effect at the time of your order, including any applicable shipping fees, and authorize us to charge your selected payment method for these amounts when your order is placed.

If you are enrolled in a subscription or recurring billing plan, you consent to us charging your payment method automatically on a recurring basis without needing prior approval for each charge, until you cancel the applicable subscription.

We reserve the right to correct pricing errors or inaccuracies, even after payment has been requested or received. Additionally, we may refuse or cancel any order at our sole discretion. This includes limiting or canceling quantities per customer, per household, or per order—including orders placed using the same account, payment method, billing, or shipping address. We also reserve the right to block orders that, in our judgment, appear to be placed by resellers, dealers, or distributors.

By completing a purchase, you consent to receive automated transactional SMS messages (such as order confirmations and shipping updates) at the phone number you provide. Message and data rates may apply. Message frequency will vary.

PROHIBITED ACTIVITIES

You are only permitted to access and use the Site for the purposes we make it available. Any commercial use of the Site that is not expressly approved or authorized by us is strictly prohibited. As a user of the Site, you agree not to:

  • Engage in unauthorized linking to or framing of the Site;

  • Circumvent, disable, or otherwise interfere with any security features of the Site, including those that restrict the use or copying of Content or enforce limitations on how the Site and its Content may be used;

  • Attempt to deceive, defraud, or mislead us or other users, especially in efforts to obtain sensitive information such as user passwords;

  • Misuse our customer support services or submit knowingly false reports of abuse or misconduct;

  • Attempt to decipher, decompile, disassemble, or reverse engineer any part of the software that makes up or supports the Site;

  • Bypass or attempt to bypass any technical measures implemented to restrict access to the Site or its features;

  • Use the Site in any way that violates applicable laws or regulations;

  • Disparage, damage, or otherwise harm us or the Site, as determined solely by us.

GUIDELINES FOR REVIEWS

We may offer areas on the Site where users can leave reviews or ratings. If you choose to submit a review, you agree to the following guidelines:

  1. You must have direct, firsthand experience with the person or entity you are reviewing.

  2. Your review must not contain offensive language, including profanity, abusive, racist, hateful, or threatening remarks.

  3. Your review must not include discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.

  4. Your review must not mention or promote illegal activities.

  5. If you are affiliated with a competitor, you may not post negative reviews.

  6. You may not make legal conclusions or claims about conduct.

  7. You must not submit false or misleading statements.

  8. You may not coordinate or participate in campaigns encouraging others to post biased reviews, whether positive or negative.

We reserve the right, at our sole discretion, to accept, reject, or remove any review for any reason. We are not obligated to screen or delete reviews, even if someone finds them objectionable or inaccurate. Reviews posted on the Site do not reflect our views and are not endorsed by us or our partners.

We are not responsible for any review content or for any resulting claims, liabilities, or damages. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, transferable, and sublicensable license to use, reproduce, modify, translate, transmit, display, perform, and distribute your review content in any format or medium.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other content you submit to us regarding the Site or any products or services offered through it (“Submissions”) are considered non-confidential and will become our sole and exclusive property. We will hold all rights, including intellectual property rights, in such Submissions, and may use or distribute them freely for any lawful purpose—whether commercial or otherwise—without acknowledgment or compensation to you.

You waive any moral rights you may have in these Submissions and affirm that the content is either original to you or that you have full legal rights to share it. You also agree that you will not hold us liable for any alleged or actual violation of proprietary rights arising from our use of your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may include links to third-party websites (“Third-Party Websites”) as well as content such as articles, images, text, graphics, designs, music, video, software, and other materials provided by third parties (“Third-Party Content”). We do not investigate, monitor, or verify the accuracy, appropriateness, or completeness of any Third-Party Websites or Third-Party Content, and we disclaim any responsibility for them. This includes, but is not limited to, the content, accuracy, opinions, reliability, privacy practices, or policies of any Third-Party Websites or Third-Party Content accessible through the Site.

The presence of links to or use of Third-Party Websites or Third-Party Content does not imply our endorsement or approval. If you choose to leave the Site to access any Third-Party Websites or use/install any Third-Party Content, you do so at your own risk. Please note that these Terms of Use no longer govern your interactions once you leave the Site.

We recommend reviewing the terms, privacy policies, and data practices of any third-party sites or applications you access or install from the Site. Any purchases you make through Third-Party Websites are transactions strictly between you and the third party, and we assume no responsibility for such purchases.

You acknowledge that we do not endorse any products or services offered on Third-Party Websites and agree to hold us harmless from any damages or losses related to your purchase or use of such products or services. Additionally, you agree to hold us harmless from any harm or losses resulting from your interaction with Third-Party Content or Third-Party Websites.

SITE MANAGEMENT

We reserve the right, but are not obligated, to:

  1. Monitor the Site for any violations of these Terms of Use;

  2. Take any appropriate legal action against individuals who, at our sole discretion, violate applicable laws or these Terms, including reporting such violations to law enforcement;

  3. Refuse, restrict access to, limit availability of, or disable any of your Contributions or parts thereof, at our sole discretion and without limitation;

  4. Remove or disable any files or content on the Site that are excessively large or otherwise burdensome to our systems, without prior notice or liability; and

  5. Manage the Site as we see fit to protect our rights and property and to ensure the Site and Marketplace Offerings function properly.

/PRIVACY POLICY/

Please reference our Privacy Policy page available on the Site before completing any purchase. 

We take your data privacy and security seriously. By accessing or using the Site or Marketplace Offerings, you agree to comply with our Privacy Policy posted on the Site, which is incorporated by reference into these Terms of Use. Please note that the Site and Marketplace Offerings are hosted within the United States.

If you access the Site or Marketplace Offerings from the European Union, Asia, or any other jurisdiction with data protection laws that differ from those in the United States, you acknowledge and consent to the transfer of your personal data to the United States, where it will be processed in accordance with U.S. laws.

Additionally, we do not knowingly collect personal information from children under the age of 13, nor do we knowingly market to children. In compliance with the U.S. Children’s Online Privacy Protection Act (COPPA), if we learn that a child under 13 has provided us with personal information without verified parental consent, we will promptly delete such information as soon as reasonably possible.

TERM AND TERMINATION

These Terms of Use remain effective for as long as you use the Site. WITHOUT LIMITING ANY OTHER PROVISIONS IN THESE TERMS, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE AND MARKETPLACE OFFERINGS (INCLUDING BLOCKING SPECIFIC IP ADDRESSES) TO ANY INDIVIDUAL FOR ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO VIOLATIONS OF THESE TERMS OR ANY APPLICABLE LAWS OR REGULATIONS.

WE MAY TERMINATE OR SUSPEND YOUR USE OF THE SITE AND MARKETPLACE OFFERINGS, OR DELETE YOUR ACCOUNT AND ANY CONTENT YOU HAVE POSTED, AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If your account is terminated or suspended, you may not register or create a new account under your own name, a false or borrowed name, or any third party’s name—even if you are acting on that third party’s behalf.

Beyond termination or suspension, we reserve the right to pursue any appropriate legal remedies, including civil, criminal, or injunctive actions.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right, at our sole discretion and without prior notice, to change, modify, or remove any content on the Site at any time and for any reason. However, we are not obligated to update any information on the Site. Similarly, we may modify or discontinue all or part of the Marketplace Offerings at any time without notice.

We shall not be liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the Site or Marketplace Offerings. We do not guarantee uninterrupted availability of the Site or Marketplace Offerings, as we may encounter hardware, software, or other technical issues or require maintenance that could result in interruptions, delays, or errors.

You agree that we bear no responsibility or liability for any loss, damage, or inconvenience caused by your inability to access or use the Site or Marketplace Offerings during any downtime or discontinuance. Nothing in these Terms of Use shall be interpreted as an obligation for us to maintain, support, update, or provide corrections or new releases for the Site or Marketplace Offerings.

GOVERNING LAW

These Terms of Use, along with your access to and use of the Site and Marketplace Offerings, shall be governed by and interpreted in accordance with the laws of the State of Delaware, without regard to any conflict of law rules, applying to agreements made and fully performed within Delaware.

DISPUTE RESOLUTION

Informal Negotiations
To promote prompt resolution and minimize costs, you and we (each a “Party” and collectively the “Parties”) agree that before initiating arbitration, we will attempt to resolve any dispute, controversy, or claim related to these Terms of Use (“Dispute” or collectively, “Disputes”) through informal negotiations. This informal negotiation period shall last at least thirty (30) days and begins upon written notice from one Party to the other. This requirement does not apply to the exceptions listed below.

Binding Arbitration
If the Parties cannot resolve the Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved through binding arbitration. BY AGREEING TO ARBITRATION, YOU WAIVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL.

The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), available at www.adr.org. Your arbitration fees and arbitrator compensation will be governed by these rules and may be limited accordingly. Should the arbitrator find your costs excessive, we will cover all arbitration fees and expenses.

Arbitration may occur in person, via documents, phone, or online. The arbitrator will issue a written decision but is not required to provide a detailed explanation unless requested. The arbitrator must apply applicable law, and any award may be challenged if legal standards are not followed.

Except as required by AAA rules or applicable law, arbitration will take place in United States County, California.

Court Proceedings
Parties may seek judicial intervention only to compel arbitration, stay litigation pending arbitration, or to confirm, modify, vacate, or enter judgment on an arbitration award.

If a Dispute proceeds in court rather than arbitration, it must be brought exclusively in the state or federal courts located in United States County, California. By agreeing to these Terms, you consent to personal jurisdiction and waive any defenses regarding venue or jurisdiction in these courts.

Excluded Laws
These Terms of Use do not apply the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act (UCITA).

Time Limit on Claims
Any Dispute must be initiated within two (2) years after the event giving rise to the claim. Otherwise, the claim is waived.

Severability
If any part of this Dispute Resolution provision is deemed unenforceable or illegal, the unenforceable portion will be severed, and the remaining provisions will continue in full force. In that case, the Parties agree that Disputes covered by the invalid portion will be resolved by a court with proper jurisdiction in United States County, California, and the Parties consent to the court’s jurisdiction.

Restrictions on Arbitration
The Parties agree arbitration is limited to individual claims only. To the fullest extent allowed by law:
a) No arbitration may be joined with other proceedings;
b) No class-action arbitration or procedures are permitted; and
c) No representative claims on behalf of others or the general public may be arbitrated.

Exceptions to Informal Negotiations and Arbitration
The following Disputes are excluded from informal negotiation and arbitration:
a) Disputes involving enforcement or validity of intellectual property rights;
b) Disputes involving allegations of theft, piracy, invasion of privacy, or unauthorized use; and
c) Claims seeking injunctive relief.

If any exception is found unenforceable, those Disputes will be resolved in a court of competent jurisdiction in United States County, California, with the Parties consenting to such jurisdiction.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other details related to the Marketplace Offerings. We reserve the right to correct any such errors and to change or update the information on the Site at any time without prior notice.

DISCLAIMER
The Site is provided on an “as-is” and “as-available” basis. Your use of the Site and its services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no guarantees regarding the accuracy or completeness of the Site’s content or any linked websites. We disclaim any liability or responsibility for:

  1. Errors, mistakes, or inaccuracies in content or materials;

  2. Any personal injury or property damage resulting from your access or use of the Site;

  3. Unauthorized access to or use of our secure servers or any personal or financial information stored thereon;

  4. Interruptions or cessation of transmission to or from the Site;

  5. Any viruses, malware, Trojan horses, or similar harmful components that may be transmitted through the Site by third parties; and

  6. Any errors or omissions in content or materials, or any loss or damage resulting from your use of such content.

We do not warrant, endorse, or guarantee any products or services advertised or offered by third parties on the Site, through hyperlinks, banners, or any other advertising. We are not responsible for monitoring any transactions between you and third-party providers.

As with any purchase, you should exercise caution and use your best judgment when buying products or services through the Site or elsewhere.

LIMITATION OF LIABILITY
In no event shall we, our directors, employees, or agents be liable to you or any third party for any direct, indirect, incidental, consequential, exemplary, special, or punitive damages, including but not limited to lost profits, lost revenue, or loss of data, arising from your use of the Site, even if we have been advised of the possibility of such damages.

Regardless of the form of action, our total liability to you for any cause whatsoever shall at all times be limited to the amount you have paid to us in the six (6) months prior to the event giving rise to the claim.

Some states do not allow the exclusion or limitation of certain warranties or damages, so these limitations may not apply to you. You may have additional rights depending on your jurisdiction.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Slapple USA, along with our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any losses, damages, liabilities, claims, or demands—including reasonable attorneys’ fees and expenses—brought by any third party arising out of or related to:

  1. Your use of the Site;

  2. Your breach of these Terms of Use;

  3. Any breach of the representations and warranties you make in these Terms;

  4. Your violation of the rights of any third party, including but not limited to intellectual property rights; or

  5. Any harmful or wrongful acts you commit toward other users you connect with through the Site.

We reserve the right, at your expense, to assume exclusive control over the defense and settlement of any such claim. You agree to fully cooperate with us, at your cost, in defending any such claims. We will make reasonable efforts to notify you promptly of any claim or proceeding subject to this indemnification once we become aware of it.

USER DATA

We will retain certain data you submit to the Site to help manage and maintain Site performance, as well as data related to your use of the Site. While we conduct regular routine backups, you are solely responsible for any data you transmit or for any activities you carry out using the Site. You acknowledge and agree that we are not liable for any loss or corruption of such data, and you hereby waive any claims against us arising from any loss or corruption of your data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By visiting the Site, sending us emails, or completing online forms, you are engaging in electronic communications. You consent to receive communications electronically and agree that all agreements, notices, disclosures, and other communications we provide to you by email or through the Site fulfill any legal requirement that such communications be in writing.

YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS INITIATED OR COMPLETED BY US OR THROUGH THE SITE.

You waive any rights or requirements under applicable laws that demand original signatures, physical delivery, or retention of paper records, or that require payments or credits to be made by non-electronic means.

CALIFORNIA USERS AND RESIDENTS

If a complaint with us is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can reach them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use, along with any policies or operating rules posted by us on the Site or in connection with the Site, constitute the entire agreement and understanding between you and us. Our failure to enforce any right or provision of these Terms of Use shall not be deemed a waiver of that right or provision. These Terms apply to the fullest extent permitted by law.

We may assign any or all of our rights and obligations to others at any time without notice. We are not liable for any loss, damage, delay, or failure to perform due to causes beyond our reasonable control.

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.

No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms or your use of the Site. You agree that these Terms will not be interpreted against us solely because we drafted them.

You also waive any defenses you may have based on the electronic nature of these Terms and the absence of a physical signature by the parties to execute them.

/RETURN POLICY/

We encourage you to review our Return Policy available on the Site before completing any purchase.

/SHIPPING POLICY/

We encourage you to review our Shipping and Handling page available on the Site before completing any purchase.

/CONTACT US/

For any questions regarding the Terms and Conditions, please reach out at:

Email: info@slappleusa.com