Terms of service
CURIOSITY PUZZLE COMPANY
These Terms of Service (“Terms”) apply to your access to and use of CuriosityPuzzleCo.com and any other websites provided by Curiosity Puzzle Company, LLC (“Curiosity Puzzle,” “we,” “our” or “us”) that link to these Terms (collectively, the “Site”), and products accessible via the Site (the “Products”).
SECTION 18 (DISPUTE RESOLUTION; BINDING ARBITRATION) OF THE TERMS CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. BY AGREEING TO THESE TERMS, YOU AND CURIOSITY PUZZLE AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH CURIOSITY PUZZLE, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 18. Further, the Terms of Sale in Section 7 will apply with respect to any Products that you purchase. If you do not agree to these Terms, do not use our Site or Products.
We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Site or Products (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Site or Products, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.
We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Site, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site or Products after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Site and Products.
1 Eligibility and Use Restrictions
(a) Age. Users under 18 years of age may not use our Site. If you are a parent or guardian and you believe that your child under the age of 18 is using our Site without your consent, please contact us at info@CuriosityPuzzleCo.com. Additionally, our Products are not designed for young children. Please see Product details for suggested age limits.
(b) Jurisdiction. You may only use our Site or Products in jurisdictions authorized by Curiosity Puzzle. Use of our Site or Products is currently authorized only in the United States.
(c) Use and Sharing. You may only use our Site and Products for personal, family or household purposes and expressly excluding any commercial use.
2 Your Information
You may provide certain information to Curiosity Puzzle in connection with your access or use of our Site or Products, or we may otherwise collect certain information about you when you access or use our Site or Products. You agree to receive emails, and other types of communication from Curiosity Puzzle using the email address or other contact information you provide in connection with the Site or Products. You represent and warrant that any information that you provide to Curiosity Puzzle in connection with the Site or Products is accurate.
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
3 Accounts
You may create an account with Curiosity Puzzle in order to use some or all of our Site or Products. You may not share or permit others to use your individual account credentials. You will promptly update any information contained in your account if it changes. You must use a strong password for your account that is unique to our Site. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission.
4 User Content
(a) Our Site may allow you and other users to create, post, store, and share content, including reviews, text, photos, and other materials (collectively, “User Content”). When you post or otherwise share User Content on or through our Site, you understand that your User Content and any associated information (such as your username) may be visible to others. If you choose to make any of your information publicly available through the Site, you do so at your own risk.
(b) Except for the license you grant below, as between you and Curiosity Puzzle, you retain all rights in and to your User Content, excluding any portion of the Site included in your User Content. You grant Curiosity Puzzle and our end users a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you or any third party.
(c) You may not create, post, store, or share any User Content for which you do not have all the rights necessary to grant us the license described above, and you represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity. You may not create, post, store, or share any User Content that:
▪ Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
▪ Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any local, state, national, or international law;
▪ May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
▪ Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
▪ Impersonates, or misrepresents your affiliation with, any person or entity;
▪ Contains any unsolicited promotions, political campaigning, advertising, or solicitations;
▪ Contains any private or personal information of a third party without such third party’s consent;
▪ Contains any viruses, corrupted data or other harmful, disruptive, or destructive files or content; or
▪ In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Site, or may expose Curiosity Puzzle or others to any harm or liability of any type.
(d) Enforcement of this Section 4 is solely at Curiosity Puzzle’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. This Section 4 does not create any right or private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by these Terms or that objectionable material will be promptly removed after it has been posted.
(e) We do not undertake to review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. Although we have no obligation to screen, edit, or monitor User Content, we may:
▪ Delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including without limitation for any violations of applicable law or these Terms;
▪ Terminate or suspend your access to all or part of the Site or Products, temporarily or permanently, if your User Content is reasonably likely, in our sole determination, to violate applicable law or these Terms; and
▪ Take any action with respect to your User Content that is necessary or appropriate, in Curiosity Puzzle’s sole discretion, to ensure compliance with applicable law and these Terms, or to protect Curiosity Puzzle’s rights, or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests).
5 Prohibited Conduct
(a) You will not use our Site or Products if you are not eligible to use our Site or Products in accordance with Section 1 and will not use our Site or Products other than for their intended purpose. Further, you will not, in connection with our Site or Products:
▪ Violate any applicable law, contract, intellectual property right, or other third-party right, or commit any tort;
▪ Engage in any harassing, threatening, or intimidating conduct;
▪ Use or attempt to use another user’s account or information without authorization from that user and Curiosity Puzzle;
▪ Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
▪ Sell or resell our Products;
▪ Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Site or Products, except as expressly permitted by us or our licensors;
▪ Modify our Site or Products, remove any proprietary rights notices or markings, or otherwise make any derivative works;
▪ Use our Site or Products in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Site or Products or that could damage, disable, overburden, or impair the functioning of our Site in any manner;
▪ Reverse engineer any aspect of our Site or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
▪ Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Site, provided that Curiosity Puzzle grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Curiosity Puzzle reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
▪ Develop or use any applications or software that interact with our Site or Products without our prior written consent;
▪ Link to any online portion of the Site in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by Curiosity Puzzle; or
▪ Use our Site or Products for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
(b) Enforcement of this Section 5 is solely at Curiosity Puzzle’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.
6 Product Listings
The Site may make available listings, descriptions, and images of Products, as well as references and links to Products and coupons or discounts for Products (collectively, “Listings”). Such Listings may be made available by Curiosity Puzzle or by third parties and may be made available for any purpose, including general information purposes. We attempt to ensure that Listings are complete, accurate, and current, but despite our efforts, the Listings may occasionally be inaccurate, incomplete, or out of date. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such Listings (including any features, specifications, and prices contained therein). Such Listings and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors; however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
7 Terms of Sale
By purchasing a Product through the Site, you agree to the terms set forth in this Section 7 (the “Terms of Sale”).
(a) Eligibility. To complete your purchase, you must have a valid billing and shipping address within the United States.
(b) Restrictions. You may only purchase Products for personal use by either yourself or your intended recipient of the Products. The Products are not authorized for resale. We may place a limit on the quantities that may be purchased per order, per account, per payment card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.
(c) Price. Prices shown on the Site exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the checkout page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. All prices on the Site are subject to change at any time without notice.
(d) Payment. If you wish to make a transaction, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address, and your shipping information, to us or our payment processors. You represent and warrant that you have the right to use any payment card that you submit in connection with a transaction. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us or our payment processors. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Verification of information may be required prior to the acknowledgment or completion of any transaction. You will pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
(e) Order Confirmation; Acceptance. You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. Although we may confirm orders by email, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We will display or send a notice when we ultimately accept your order, and our acceptance will be complete at the time we display or send the formal acceptance notice. Payment must be received by us before our acceptance of an order.
(f) Shipping; Delivery. Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions set forth in these Terms or otherwise contained on the Site. You will pay all shipping and handling charges specified during the ordering process. All transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Any shipping dates provided are approximate and not guaranteed. We are not liable for any delays in shipments.
(g) Order Delays; Cancellation. We reserve the right to delay, refuse, or cancel any order prior to delivery. For example, if there are errors on the Site or made in connection with your order, or inaccuracies in Product or pricing information or Product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.
(h) Returns. You can return non-custom Products if they have not yet been taken out of the box and are otherwise in their original condition, within 30 days of the delivery date. To initiate a return, email us at info@CuriosityPuzzleCo.com and include your order number. Please note, you will be responsible for the cost of the return shipping and will not be refunded for the original shipping cost. We will notify you once we have received and inspected your returns, and let you know if the return was approved. We cannot accept returns for customized Products, or Products marked as Final Sale. All returns are handled on a case-by-case basis and ultimately at Curiosity Puzzle’s discretion. If approved, your original payment method will be refunded within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund. If, upon receipt, the item is defective, damaged, or if you received the wrong item, contact us immediately at info@CuriosityPuzzleCo.com.
(i) Exchanges. Please return the item you have using the instructions above (Returns). Then once the return is accepted, you can make a separate purchase for a new item.
(j) Reservation of Rights. Curiosity Puzzle reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment option for Products; and to refuse to provide any user with any Product.
8 Promotions
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.
9 Ownership; Limited License
The Site, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and Products, and all intellectual property rights therein and thereto, are owned by Curiosity Puzzle or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site and Products, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use. Any use of the Site or Products other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.
10 Trademarks
The Curiosity Puzzle name, key trademarks, and our logos, product or service names, slogans, and the look and feel of the Site are trademarks of Curiosity Puzzle and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Site or Products are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
11 Feedback
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Curiosity Puzzle or our Site or Products (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to copy or publish the Feedback, to improve the Site or Products, or to develop new products and services, in Curiosity Puzzle’s sole discretion. Curiosity Puzzle will exclusively own all improvements to, or new, Curiosity Puzzle products, services, Products or the Site based on any Feedback. You understand that Curiosity Puzzle may treat Feedback as nonconfidential.
12 Copyright Complaints
Reporting Claims of Copyright Infringement. If you believe that any content on our Site infringes any copyright that you own or control, you may notify Curiosity Puzzle’s designated agent (your notification, a “DMCA Notice”) as follows:
Designated Agent: Allison Keeler
Address: 2448 76th AVE SE, Suite 220
Mercer Island, WA 98040
Telephone Number: 206-601-8964
Email Address: Allison@CuriosityPuzzleCo.com
Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on our Site is infringing, you may be liable to Curiosity Puzzle for certain costs and damages.
13 Third-Party Content
(a) Our Site relies on or interoperates with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Site. You acknowledge that (a) the use and availability of the Site is dependent upon third-party product vendors and service providers and (b) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Site operate.
(b) We may further provide information about or links to third-party products or services, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.
(c) We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Site at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Site.
14 Indemnification
You agree to indemnify, defend, and hold harmless Curiosity Puzzle and our partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees (individually and collectively, the “Curiosity Puzzle Parties”), harmless from any claim or demand, including 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, or your violation of any law or the rights of a third-party.
15 Disclaimers
Your use of our Products and Site and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) is at your sole risk. Except as otherwise provided in a writing by us, and to the fullest extent permitted under applicable law, our Products, Site, and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) are provided “as is” and “as available” without warranties of any kind, either express or implied. Curiosity Puzzle disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Curiosity Puzzle does not represent or warrant that our Site or Products or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) are accurate, complete, reliable, current, or error-free or that access to our Site or Products or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) will be uninterrupted. While Curiosity Puzzle attempts to make your use of our Products and Site and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) safe, we cannot and do not represent or warrant that our Site or Products or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) or our servers are free of viruses or other harmful components or content or materials. You assume the entire risk as to the quality and performance of the Products and Site and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials). All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of Curiosity Puzzle and the Curiosity Puzzle Parties, as well as their respective successors and assigns.
16 Limitation of Liability
(a) To the fullest extent permitted by applicable law, Curiosity Puzzle and the other Curiosity Puzzle Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Curiosity Puzzle or the other Curiosity Puzzle Parties have been advised of the possibility of such damages.
(b) The total liability of Curiosity Puzzle and the other Curiosity Puzzle Parties for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to the greater of $50 or the amount paid by you for the Product giving rise to the claim.
(c) The limitations set forth in this Section 16 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Curiosity Puzzle or the other Curiosity Puzzle Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
17 Release
To the fullest extent permitted by applicable law, you release Curiosity Puzzle and the other Curiosity Puzzle Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
18 Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Curiosity Puzzle and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Curiosity Puzzle agree that any dispute arising out of or related to these Terms, our Site, or our Products is personal to you and Curiosity Puzzle and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or Curiosity Puzzle seeks to bring an individual action in small claims court located in the county of your billing address, or disputes in which you or Curiosity Puzzle seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Curiosity Puzzle waive your rights: (i) to a jury trial, and (ii) to have any other dispute arising out of or related to these Terms, our Site, or our Products, including claims related to privacy and data security, (collectively, “Claims”) resolved in court. Instead, for any Claim that you have against Curiosity Puzzle you agree to first contact Curiosity Puzzle and attempt to resolve the Claim informally by sending a written notice of your claim (“Notice”) to Curiosity Puzzle by email at info@CuriosityPuzzleCo.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above, and we will contact you at the email or mailing address you have provided.
If you and Curiosity Puzzle cannot reach an agreement to resolve the Claim within thirty (30) days after such Notice is received, or longer if agreed in writing by the parties, then either party may submit the Claim to binding arbitration administered by The American Arbitration Association (“AAA”) or, under the limited circumstances set forth above, in court. All Claims submitted to the AAA will be resolved through confidential, binding arbitration before one arbitrator. The rules applicable to Claims between you and Curiosity Puzzle are the then-current version of the AAA’s Consumer Arbitration Rules, as modified by this Section 18.
You and Curiosity Puzzle agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability, validity, enforceability, and scope. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitration may allow for the discovery or exchange of non-privileged information relevant to the Claim. The arbitrator, Curiosity Puzzle, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Claim(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
To the extent permitted by law, a claimant must pay all reasonable costs and fees incurred by the responding party—including arbitration fees, attorney fees, and expert fees—related to a claim if an arbitrator or court determines that (i) the claim was not warranted by existing law or by a nonfrivolous argument or (ii) the claim was filed in arbitration for any improper purpose, including to harass the responding party, cause unnecessary delay, or increase the cost of dispute resolution.
Any Claim must be filed within one year after the relevant claim arose; otherwise, the Claim is permanently barred, which means that you and Curiosity Puzzle will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 18 by emailing info@CuriosityPuzzleCo.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Claims in accordance with Section 19.
If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 18 will be enforceable.
19 Governing Law
Any dispute, claim, or controversy that arises from or relates to these Terms will be governed by and construed and enforced in accordance with the laws of the State of Washington, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any dispute, claim, or controversy arises from or relates to these Terms is not subject to arbitration pursuant to Section 18, then the state and federal courts located in the County of King, Washington, will have exclusive jurisdiction. You and Curiosity Puzzle waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.
20 Modifying and Terminating Our Site or Products
We reserve the right to modify our Site or to suspend or terminate providing all or part of our Site or Products at any time; charge, modify, or waive any fees required to use the Site or Products; or offer opportunities to some or all end users of the Site or Products. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Site or Products, such as by sending an email or providing a notice through our Site. All modifications and additions to the Products and Site will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by Curiosity Puzzle in writing. You also have the right to stop using our Products and Site at any time, and you may terminate these Terms by ceasing use of our Products and Site. We are not responsible for any loss or harm related to your inability to access or use our Site.
21 Severability
If any portion of these Terms other than Section 18 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.
22 Miscellaneous
(a) Curiosity Puzzle’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
(b) If you have a question or complaint regarding the Site or Products, please send an email to info@CuriosityPuzzleCo.com. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us. Further, under California Civil Code Section 1889.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Site of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.