Last Update: 1-15-24
Welcome to Happy Scratch! Please take a few minutes to read these important terms and conditions (“Terms”).
These Terms are a legal agreement between you and Cold Water Technologies, Inc. (“we”, “our” or “us”). This agreement is about your use of our website located at https://happyscratch.com/, including subdomains and subpages (referred to in these Terms as the “Site”) and anything that comes with it, like information, content, and features. It also includes any documents or materials related to the Site, as well as any items provided by us (the “Products”).
It’s important to note that this agreement doesn’t include all of the terms that apply if you buy Products from us. When you buy a Product listed on the Site, our Terms of Sale, which can be found at [LINK TO TERMS OF SALE] also apply. The Terms of Sale cover things like how you pay for our Products, how we ship our Products, and return policies. When you buy our Products, both these Terms, and the Terms of Sale apply to that purchase.
Make sure to read these Terms carefully before using the Site or ordering our Products. If you tap or click “I agree,” “I accept,” or any similar button or box related to these Terms, or if you order our Products, you’re agreeing to follow these Terms, and that you will follow all of the rules, requirements and restrictions in these Terms.
We can change these Terms at any time and for any reason. When we do, the changes will apply from that point onward. We will let you know about these changes using reasonable methods, like putting the updated Terms on the Site.
Because of this, it’s important to re-read these Terms from time-to-time. When you revisit the Site in the future, or place future orders with us after we make a change to the Terms, it means you accept the updated Terms.
The “Last Updated” date at the top of these Terms shows the date that they were last changed.
The information and resources you access through the Site are made available by us, our suppliers and vendors, and other third parties. You may only use the Site if you agree to these Terms. If you don’t agree to these Terms, you can’t use the Site.
THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING THE SITE, YOU AGREE THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS.
WHILE WE MAY CORRECT ERRORS, OMISSIONS, OR INACCURACIES IN ON THE SITE, WE ARE NOT RESPONSIBILE FOR THE ACCURACY, RELIABILITY, CURRENCY, OR COMPLETENESS OF INFORMATION, CONTENT, MATERIALS, SERVICES, PRODUCTS, MERCHANDISE, OR OTHER RESOURCES AVAILABLE THROUGH THE SITE. THE ACCURACY, SUBSTANCE, AND SUFFICIENCY OF PRODUCT INFORMATION ON THE SITE CAN’T BE GUARANTEED. THERE ARE NO GUARANTEES OR WARRANTIES ABOUT THE AVAILABILITY, COMPLETENESS, ACCURACY, RELIABILITY, VALIDITY, OR TIMELINESS OF ANY OF ANY OF THESE RESOURCES, WHETHER THOSE RESOURCES ARE PROVIDED BY US OR A THIRD PARTY. IN ALL WAYS, WE ARE PROVIDING INFORMATION ON THE SITE ON AN AS-IS AND AS-AVAILABLE BASIS, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN THAT CASE SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
ENDING THIS AGREEMENT
We may, at any time and for any reason (with or without cause), immediately: (a) stop your authorization to use the Site, membership, and account; (b) remove or destroy credentials to access the Site; (c) delete and destroy any Submissions you or others put on the Site; (d) limit access to your account; and (e) block you from future use of the Site—all without notice or responsibility to you.
The Site is intended for use by U.S. residents only. The Site and our Products might not follow the legal requirements of other countries. Different countries have their own laws, rules, and regulatory practices for products intended for consumption by animals.
Parts of the Site, and our Products might not be available outside of the United States. Don’t use the Site or our Products in places where it’s illegal to do so. We might limit who can use the Site, and where our Products might be available, whenever we decide.
USAGE RULES AND REQUIREMENTS
You agree that the Site belongs to us, and our licensors and suppliers. When you use the Site you are not allowed to:
(a) send automated or recorded requests to the Site, unless we specifically approve it;
(b) copy, modify, distribute, sell, or create things based on the Site, unless we specifically approve it in writing;
(c) try to decompile, disassemble, reverse engineer, or otherwise attempt to derive, reconstruct, identify, or discover the source code of the Site;
(d) remove any marks that show the Site or our Products belong to us;
(e) use the Site to compare our Products to products/services from other companies;
(f) use the Site to transmit harmful computer code, like viruses, worms, Trojan horses, Easter eggs, time bombs, spywares or any other code file or program that is potentially harmful or invasive, or intended to damage or hijack the operation of computer hardware, software or equipment;
(g) use the Site to gather information about other users;
(h) use any means to “scrape” or download the content of the Site in a systematic way.
You agree to use the Site legally. You may not disrupt its functioning or use it in a way that interferes with other users’ use of the Site, for example by hacking or defacing any portion of the Site, or by engaging in spamming, flooding, or other disruptive activities. You may not use the Site to share harmful, offensive, or unlawful content. This includes content that’s threatening, harassing, false, explicit, or discriminatory, or encourages illegal actions.
We can stop or pause your access to the Site without telling you, if we think your actions break the law or harm our interests or the interests of other users, partners, affiliates, sponsors, providers, licensors, or merchants. This is our decision to make.
When you share information, with us through the Site, you need to make sure it’s accurate, up-to-date, and true. You’re responsible for keeping this information correct. If you provide info that’s false, inaccurate, or incomplete, or if we suspect it is, we can suspend or close your account without telling you. This might stop you from using the Site. We might do this without prior notice. You understand that we can delete your account and all its information, and stop your access to the Site. We won’t be held liable to you or anyone else if this happens.
ACCESSING THE SITE
When you create an account to access certain sections of the Site, you will need to provide a username and password. Through the rest of these Terms, these will be called “Access Credentials”. We are allowed to not give you an Access Credential if it looks like you’re pretending to be someone else, if the Access Credential is against the law, if it’s protected by trademark or other rights laws, if it’s offensive, or if it could cause confusion. We’ll decide this based on our judgment alone.
You are responsible for keeping your Access Credentials safe and secret. You’re responsible of all the activities connected to your Access Credentials. If someone else uses your Access Credentials without permission or if there’s a security breach caused using your Access Credentials, tell us right away. Don’t let others use your Access Credentials to access the Site. We are not responsible for checking if the person using an Access Credential is really who they claim to be. If we think that an Access Credential might not be secure, we may cancel it without providing you with notice. This decision is up to us, based on our own judgement.
Using the internet to connect to the Site might lead to charges from your wireless carrier, internet provider, or other internet access method. These charges are your responsibility. We can’t control these networks. Using them might not be secure and could expose your personal information that’s sent over them.
CONTENT, COPYRIGHTS, AND TRADEMARKS
The Site, its related documents, and the text, graphics, legends, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, or page headers provided by us through the Site (collectively called “Content”) are protected by copyright and other intellectual property laws. Content is owned by us and our licensors and suppliers. You may not remove or change any copyright or trademark notices. Our copyrights and trademarks can’t be used with products or services that aren’t ours, or in a way that could cause confusion or violate our rights.
SUBMISSIONS, COMMUNICATIONS, AND FEEDBACK
The Site might let you upload or share information and materials, like comments, personal data, text, photos, and images. These things you upload are called “Submissions”. When you upload Submissions to the Site, you agree to give us a non-exclusive, non-cancellable, royalty-free, worldwide, transferable, and sub-licensable license to use those Submissions for any legal purpose. When you upload Submissions, you agree that you own them and that you can grant us this license. We’re not responsible for any Submissions you or others upload through the Site. We are not obligated to monitor, check, control, or edit those Submissions to make sure they follow the law or these Terms. Some Submissions from other users might be offensive, harmful, inaccurate, or misleading. Be cautious and use your judgment while using the Site. We are not responsible for Submissions posted by other users and have no obligations or liability related to them. WE RESERVE THE RIGHT TO REMOVE ANY SUBMISSION FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR JUDGEMENT THAT IT VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SITE.
When you send us emails, text messages, or any other electronic messages, you’re agreeing to receive responses from us electronically, including through the Site. This means that any agreements, notices, disclosures, or other communications we send you electronically meet the legal requirement for written communications.
Any suggestions, feedback, and information you provide to us about the Site or our Products (collectively called “Feedback”) and any improvements, updates or modifications that we make to the Site or our Products in response to your Feedback (collectively called “Revisions”), belong to us. Even if you give us Feedback, it doesn’t give you any rights to the Site, Products or Revisions that we create. You agree to give up any rights you might have in the Feedback and Revisions, including intellectual property rights like patents, copyrights, and trademarks.
We are not obligated to continue to provide the Site. We can change how the Site works or stop providing it, at any time with or without telling you in advance.
We can’t guarantee that any version of the Site will work with all hardware or software versions, including future updates of your devices or their operating systems. The Site might not work with your specific hardware or software versions. We don’t promise to make the Site compatible with your specific hardware or software.
We have the right (but are not required) to monitor the use of the Site, including electronic communications related to it. We might share content, records, or electronic communications if allowed by laws, regulations, or in response to government requests, or if it’s needed to run the Site, or to protect rights or property.
PRODUCTS AND TRANSACTIONS
We may make our Products available for sale through the Site. You’re not allowed to resell our Products bought through the Site. We can decide not to sell Products if we think you plan to resell them. We might need to verify information before accepting an order. We also have the right to limit the number of items you can buy or decline to provide certain items to you.
In most cases, offers you see on the Site to purchase Products are available only as long as supplies last. If you give us information to buy something through the Site, you’re allowing us to share that info with third parties to help with the purchase. We might need to verify info before we acknowledge or complete a transaction. Additional terms and conditions for transactions using the Site are available in our Terms of Sale.
We aren’t responsible for any payment card you use with the Site, and aren’t involved in any agreement you have with your card issuer about using your payment card. You understand that your card issuer might not allow you to use a payment card with the Site. If you have questions or problems related to your payment card, you should refer to your cardholder agreement and contact your payment card issuer. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT CARD OR OTHER METHOD OF PAYMENT THAT YOU SUBMIT THROUGH OR USING THE SITE
THIRD PARTY RESOURCES
The Site might have links to or provide access to third-party sites, services, products, information, content, materials, merchandise, or other resources (“Third Party Resources”). These links and access are there for your convenience and reference only. We don’t control Third Party Resources, so we’re not responsible for them or any content they provide. Be aware that we don’t guarantee or endorse Third Party Resources, their security, or the accuracy, relevance, timeliness, completeness, or suitability of their information. We can end these links or access anytime. When you use Third Party Resources, you follow their terms, conditions, and policies (like their Terms of Service or Privacy Policies). We aren’t in charge of your privacy or security with these Third Parties. If you choose to use their services, it’s up to them to protect your personal info and handle any unauthorized use or disclosure. You’re giving up any claim against us related to these Third Party Resources.
LIMITATIONS OF LIABILITY; INDEMNIFICATION
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF TWENTY-FIVE DOLLARS ($25.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Except to the extent prohibited under applicable law, you agree to indemnify, and defend us, and hold us harmless from and against all liability, claim, losses, expenses, damages and costs, including reasonable attorneys’ fees, related to or arising out of your use of the Site and our Products (including any of your Submissions and your use of Third Party Resources) or any violation by you of these Terms.
ARBITRATION AND CLASS ACTION WAIVER
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a Class Action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
- Informal Process First. You agree that in the event of any dispute between you and us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
- Arbitration Agreement. Under these Terms, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of our Products, or relating in any way to the communications between you and us will be finally resolved by confidential binding arbitration administered by Judicial Arbitration and Mediation Services (“JAMS”) in Madison, Wisconsin, or another forum mutually agreed upon by you and us. The arbitration will be conducted according to the JAMS Expedited Procedures for arbitration by a single arbitrator nominated jointly by you and us. If JAMS is not hearing consumer commercial disputes at the time, we may select another arbitral body in our sole discretion. The arbitrator’s award will be binding and may be entered as a judgment in a court of competent jurisdiction. This clause shall not preclude us from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or to seek injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, or patents. This arbitration agreement does not (a) govern any Claim by us for infringement of our intellectual property or that access to the Site or our Products is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a Class Action. This arbitration provision will survive any termination of these Terms.
Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. In that event, you agree to waive any right that you may have to a trial by jury for any Class Action filed in any court of competent jurisdiction. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and us each waive any right to a jury trial.
COPYRIGHT INFRINGEMENT CLAIMS
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a written notice by mail or by e-mail requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly submitted a notice of copyright infringement to us involving content that you made available through the Site, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
Notices and counter-notices must be sent in writing by mail to Cold Water Techologies, Inc. at Cold Water Technologies, Inc., Attn: DMCA, [[ADDRESS]]. Notices or counter-notices may also be sent via email to [[EMAIL]].
Please be aware that claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, including court costs and attorneys’ fees.
You agree that you will not export or re-export, directly or indirectly our Products to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Products may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
These Terms constitute the entire agreement between you and us regarding your use of the Site. If any term or provision of these Terms are found to be invalid, illegal or otherwise unenforceable, such a finding will not affect the other terms, or these Terms as a whole, but such a term or provision will be deemed modified to the extent necessary to render it enforceable, and the rights and obligations of you and us will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms. Your obligations pursuant to these Terms will survive termination of your use of the Site. The JAMS Rules and the laws of the State of Wisconsin, excluding its conflicts of law rules, govern these Terms and your use of the Site. The state and federal courts located in Dane County, Wisconsin, will govern any lawsuit arising from or related to these Terms that is not otherwise precluded by the Arbitration Agreement.
Under California Civil Code Section 1789.3, California users of the Site receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
You may contact us about the Site, our Products or these Terms by mail at Cold Water Technologies, Inc., 8608 University Green, Suite 4, Middleton, WI 53562 or by email at [firstname.lastname@example.org], or by phone at [608-354-3067].