STUDS TERMS OF SERVICE
Effective Date: March 7, 2023
Welcome to Studs! This website is owned and operated by Studs, which does business as Studs, Inc. (collectively with its authorized business partners, affiliates, subsidiaries and/or agents, “Studs”, “we”, or “us”). These “Terms of Service” set out important information regarding the terms and conditions of accessing and using the features and functionality of our website located at www.studs.com (the “Site”) and services, including products sold through the Site and in our Studs Studios (collectively with the Site, the “Services”), and apply to all users who access the Services. These Terms of Service are a legally binding contract between you and Studs regarding your use of the Services. Also note that other pages on this Site may contain further terms and conditions that apply to you as a Studs customer.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS SITE OR MAKE ANY PURCHASES.
EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN THE SECTION TITLED “DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER” YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS OF SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND STUDS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
By accepting these Terms of Service, you represent that:
(a) you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Service. Under no circumstances may you access or use the Services if you are under thirteen (13) years old;
(b) you have not previously been suspended or removed from the Services; and
(c) your registration and use of the Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms of Service on your behalf represents and warrants that they have authority to bind you to these Terms of Service and you agree to be bound by these Terms of Service.
YOUR CONDUCT WHEN USING THE SITE
When using the Services available on the Site, you agree to use the Services only for the purposes for which they are intended, including:
- finding a Studs piercing location for yourself or another person;
- booking an appointment or appointments at a Studs Studio;
- completing the Studs Piercing Terms, Waiver and Consent Form;
- learning about piercings, piercing aftercare and Studs Services;
- shopping for and making purchases of jewelry or other products offered for sale on the Site;
- reading reviews and ratings of Studs and the products we sell;
- writing and posting your own reviews and ratings of Studs locations and products you have experience with. Please see the section below titled “Materials Posted on the Site” for additional rules for posting reviews and ratings.
You acknowledge that while Studs makes reasonable efforts to keep information available on the Site up to date, any materials on the Site submitted by other users of the Site, including ratings or reviews, and may not be complete, accurate or up to date, and do not represent the views or opinions of Studs.
BY USING THE SERVICES, YOU AGREE NOT TO:
- do so for any illegal purpose or in violation of any local, state, national, or international law;
- violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
- access, search, or otherwise use any portion of the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Studs;
- interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Account (as defined below) without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted under these Terms of Service or any Materials (as defined in the section titled “Studs’ Proprietary Rights,” below), or any right or ability to view, access, or use any Materials; or
- attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.
MEDICAL ADVICE DISCLAIMER
You understand and agree that the ear piercing care information on this Site or provided in a Studs Studio is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment of any condition. All content, including text, graphics, images and information, contained on or available through this Site or otherwise provided in a Studs Studio is for general information purposes only. Studs makes no representation and assumes no responsibility for the accuracy of information contained on or available through this Site or at any Studs Studio, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this Site or any Studs Studio with other sources, and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS SITE. Studs does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific products, procedures, treatments, services, opinions, or other information that may be contained on or available through this Site or at any Studs Studio. STUDS IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS SITE OR AT ANY STUDS STUDIO.
YOUR STUDS PASSWORD
Studs is entitled to act on instructions received under the account you make on the Site (your “Account”), when you execute a Studs Piercing Terms, Waiver and Consent Form, and instructions provided when you make a purchase through the Site. You are responsible for keeping your Account user ID, Account password, and any and all other Account information confidential. Studs is not responsible for any actions taken or transactions made to or from your Account by any other party using your password.
Studs reserves the right to determine pricing for the Services. Studs will make reasonable efforts to keep pricing information published on the Site up to date. We encourage you to check the Site periodically for current pricing information. Studs may change the fees for any feature of the Services, including additional fees or charges, if Studs gives you advance notice of changes before they apply. Studs, at its sole discretion, may make promotional offers with different features and different pricing to any of Studs’ customers. These promotional offers, unless made to you, will not apply to your offer or these Terms of Service.
FEES AND PURCHASE
When you make a purchase from the Site, we will need your name, email address, shipping address, and payment information to complete your order and send you your purchase. When the Services, any portion thereof, or any product is made available for any fee, you will be required to select a method of payment and provide information regarding your credit card or other payment instrument. You represent and warrant to Studs that such information is true and that you are authorized to use the payment instrument. If you pay any fees with a credit card, then Studs may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Studs the amount that is specified in accordance with the terms of your purchase and these Terms of Service (including without limitation any shipping costs). Unless otherwise specifically provided for in these Terms of Service or on the Site, all fees are in U.S. Dollars. Studs will only issue refunds in accordance with Studs’ refund policy or as required by law. See our Returns Page here for more information. You hereby authorize Studs (or our third-party payment processor) to bill your payment instrument in accordance with the terms of the purchase, and you further agree to pay any charges so incurred. If you dispute any charges, you must notify Studs within ten (10) days after the date that Studs charges you. You shall be responsible for all sales tax associated with the Services.
Studs may suspend or terminate access to the Services for any account for which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any of the unpaid amount, including collection fees.
GETTING YOUR SHIPMENT FROM STUDS
- For information about shipping and delivery, check out the Shipping & Payments section of our FAQ Page.
- Checking Order Status. We know how exciting it can be to get a delivery, so once your order is on its way to you, we’ll send you an email confirmation with tracking information. Feel free to email us at firstname.lastname@example.org, if you would like to check the status of your order.
- Changing or Canceling an Order. Our team works hard to process orders quickly so that you don’t have to wait. However, this means that although we will try our best to accommodate order modifications, we cannot guarantee them. To learn how to change or cancel an order, visit the Shipping & Payments section of our FAQ Page.
- Returns, Exchanges, and Replacements. For more information about returns and exchanges and replacing your Studs products, check out the Returns & Exchanges section of our Returns & Exchanges section of our FAQ Page.
APPOINTMENTS AND APPOINTMENT CANCELLATIONS
When you book an appointment at a Studs Studio, we will need the name, birth date, and email address of the individual getting pierced. You may also provide a phone number, pronouns, and any additional notes you’d like us to know. If the individual getting pierced is over 13 years old but under 18 years old, we will need the parent or guardian’s name, email address, and phone number. For those appointments, a parent or guardian with a valid government ID must be present during check-in and at the appointment. We will also require your credit card information. Additional information and identification may be required depending on the laws, rules, and/or regulations in the location of the Studs Studio where the appointment is located. Your credit card information is required to hold the appointment time slot. However, your credit card will not be charged at the time of booking. If you miss your appointment or cancel less than 24 hours prior to your appointment time, you may be charged the full service fee.
MATERIALS POSTED ON THE SITE
Certain features of the Services may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Site, including photos and images (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Site, subject to the licenses granted in these Terms of Service.
By Posting User Content to or via the Site, you grant Studs a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms of Service, and distribute your User Content, in whole or in part, in any media formats and through any media channels (including without limitation on Facebook, Instagram, TikTok, or other social media platforms), in each instance whether now known or hereafter developed. You agree to pay all monies owing to any person or entity resulting from posting your User Content and from Studs’ exercise of the license set forth in this Section.
It is your sole responsibility to review the content of all materials submitted by you on the Site. You acknowledge that we do not and cannot monitor User Content. We reserve the right to monitor all communications made by you through the Site to ensure compliance with these Terms of Service.
Further, you must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Studs disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Site, you affirm, represent, and warrant to us that:
(a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Studs and users of the Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Studs, the Services, and these Terms of Service;
(b) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Studs to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
(c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
REVIEWS AND FEEDBACK
Studs welcomes your reviews of our products, piercing services and offers. Any review or rating that you submit to be included on the Site must be a true representation of your experience with Studs Studios, personnel and products, may not be false, misleading, or untrue, and may not include personally identifiable information that may be used to identify a customer other than yourself, or anyone under the age of 13.
If you choose to provide input and suggestions regarding existing functionalities to Studs, problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant Studs an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
STUDS’ PROPRIETARY RIGHTS
The Services are owned and operated by Studs. All materials on this Site, including its visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, information, images, illustrations, audio clips, video clips, surveys, offers, discounts, contests, sweepstakes, promotions, all other elements of the Services provided by Studs, and materials submitted by users such as product or Services ratings and reviews (“Materials”), are protected by intellectual property rights owned and controlled either by Studs or by third parties who have licensed their material to Studs. Except as expressly authorized by Studs, you may not make use of the Materials. The Materials may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of Studs or except as specifically permitted on the Site. Use of the Materials for any purpose and other than your own personal, non-commercial or home use is a violation of copyrights and other intellectual property rights. The use of any such material on any other website, social network, blog, handheld device application, web-based application, or networked computer is prohibited. There are no implied licenses in these Terms of Service and Studs reserves all rights to the Materials not granted expressly in these Terms of Service.
Some links in the site let you leave the site and go to websites owned and operated by third parties. Such linked sites are not under the control of Studs and Studs is not responsible for the content of any linked site or any link contained in a linked site. Studs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Studs of the linked site.
Text Messages. You agree that Studs and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Services, as well as marketing messages. Text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING TEXT MESSAGES FROM STUDS, YOU CAN EMAIL email@example.com OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL TEXT MESSAGES FROM STUDS, YOU CAN EMAIL firstname.lastname@example.org OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICES. You may continue to receive text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing texts is not a condition of any purchase on or use of the Services.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
DIGITAL MILLENNIUM COPYRIGHT ACT
Studs respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Services to do the same. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:
Attn: Legal Department (IP Notification)
594 Broadway, Suite 200, New York, NY 10012
Procedure for Reporting Claimed Infringement.
If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property right that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared by Studs with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Studs making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
Studs’ policy is to: (a) remove or disable access to material that Studs believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Services by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Studs will terminate the accounts of users that are determined by Studs to be repeat infringers. Studs reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
If you receive a notification from Studs that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Studs with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Studs’ Designated Agent through one of the methods identified above, and include substantially the following information:
- your physical or electronic signature;
- 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;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Studs may be found, and that you will accept service of process from the person who provided notification set forth above or an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
Reposting of Content Subject to a Counter Notification.
If you submit a Counter Notification to Studs in response to a Notification of Claimed Infringement, then Studs will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Studs will replace the removed User Content or cease disabling access to it in 10 business days, and Studs will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Studs’ Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Studs’ system or network.
False Notifications of Claimed Infringement or Counter Notifications.
The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Studs relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Studs reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
These Terms of Service are effective until terminated by Studs at any time, which may be done without notice to you. Studs reserves the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, you will no longer be authorized to access the benefits of this Site, including making purchases on our Site or posting reviews or ratings of our Services or products; and the restrictions imposed on you with respect to material copied or downloaded, the disclaimers and limitations of liabilities set forth in these Terms of Service of use, shall survive the termination of these Terms of Service.
DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
Dispute Resolution. Except as explicitly set forth below in the Sub-Sections titled “Exceptions” and “Opt-Out,” you and Studs agree that every dispute arising in connection with these Terms of Service, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Service. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND STUDS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section within 30 days after the date that you agree to these Terms of Service by sending a letter to Studs, Inc., Attention: Legal Department – Arbitration Opt-Out, 594 Broadway, Suite 200, New York, NY 10012 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Studs receives your Opt-Out Notice, this Section will be void and any action arising out of these Terms of Service will be resolved as set forth below in the Section titled “Governing Law.” The remaining provisions of these Terms of Service will not be affected by your Opt-Out Notice.
Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Studs.
Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Studs’ address for Notice is: Studs, Inc., 594 Broadway, Suite 200, New York, NY 10012. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Studs may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms of Service, Studs will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
Arbitration Proceedings. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence or billing address. During the arbitration, the amount of any settlement offer made by you or Studs must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
Arbitration Relief. Except as provided below, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Studs before an arbitrator was selected, Studs will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US $1,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
No Class Actions. YOU AND STUDS 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, unless both you and Studs agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If Studs makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Studs’ address for Notice of Arbitration, in which case your account with Studs will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If the Sub-Section titled “No Class Actions” or the entirety of this Section titled “Dispute Resolution and Arbitration” is found to be unenforceable, or if Studs receives an Opt-Out Notice from you, then the entirety of this Section will be null and void and, in that case, the exclusive jurisdiction and venue described in the Section titled “Governing Law” will govern any action arising out of or related to these Terms of Service.
These Terms of Service are governed by and shall be construed in accordance with the laws of the state of New York and the federal laws of the United States without giving effect to any principles of conflicts of law. In any circumstances where the foregoing arbitration provision permits either you or Studs to litigate any dispute arising out of or relating to the subject matter of these Terms of Service in court, then the foregoing arbitration provision will not apply to either party, and both you and Studs agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in New York County, New York. If any provision of these Terms of Service proves unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions.
You do not have any right to assign these Terms of Service or any of your rights to the Services to anyone. Studs may assign any or all of its rights and obligations under these Terms of Service or to the Services to any third party. At the election of Studs, if Studs’ obligations herein are assumed by a third party, Studs shall be relieved of any and all obligations and liability under this Agreement.
REQUEST CUSTOMER SUPPORT OR SUBMIT QUESTIONS
When you request assistance with viewing your Account, logging on to the Site, or accessing your Account, we will respond to you via email or text message, based upon your preferences as indicated either in your request or your Account information.
DISCLAIMERS OF WARRANTIES AND DISRUPTIONS OR INTERRUPTIONS IN SERVICE
THE MATERIALS ON AND SERVICES PROVIDED THROUGH THE STUDS SITE AND AT STUDS LOCATIONS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFICALLY NOTED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STUDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE STUDS SITE AND ANY WEBSITE WITH WHICH THE STUDS SITE IS LINKED AND ANY STUDS PRODUCTS. STUDS DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THESE SITES OR THAT THEIR CONTENTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATIONS OF THE STUDS NETWORK OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITATION, EXCEPT WHERE SUCH LIMITATION IS PROHIBITED BY LAW, STUDS MAKES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SPECIFIC MERCHANDISE OR SERVICE THAT WILL BE AVAILABLE FOR OR OBTAINED BY USERS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR STUDS OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF STUDS OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STUDS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STUDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR AT A STUDS STUDIO; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES. IN NO EVENT WILL STUDS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID STUDS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
EACH PROVISION OF THESE TERMS OF SERVICE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS OF SERVICE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF SERVICE. THE LIMITATIONS IN THIS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
YOU ALSO RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST US FOR ANY LOSS, DAMAGE OR INJURY RELATING IN ANY WAY TO THE SERVICES OR ANY PART THEREOF. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
To the fullest extent permitted by law, you are responsible for your use of the Services, and you will defend and indemnify Studs from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Services; (2) your violation of any portion of these Terms of Service, any representation, warranty, or agreement referenced in these Terms of Service, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. In the event of a claim as set forth herein, we will attempt to provide notice of such claim to the contact information we have for your Account (provided that, failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
The Services are intended for visitors located within the United States. We make no representation that the Services are appropriate or available for use outside of the United States. Access to the Services from countries or territories or by individuals where such access is illegal is prohibited.
CHANGES TO THESE TERMS OF SERVICE
Studs reserves the right, at any time, to modify, alter, or update these Terms of Service by posting the modified, altered or updated terms on the Site, and you agree to be bound by such modifications, alterations or updates. If you do not agree to such modifications, alterations or updates, you should terminate your use of the Site and the Services. Your continued use of any of the Site and the Services following the posting of notice of any changes in this Agreement shall constitute your acceptance of such modifications, alterations and updates.
QUESTIONS? CONCERNS? SUGGESTIONS?
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services or products available through the Site or via the Services.
Please visit this link to see the Studs Terms of Service, effective through March 6, 2023.