WHISTLEDROP TERMS OF USE 


 Please read these Terms of Use carefully.

 WhistleDrop, Inc., a Delaware corporation (“Company”), owns and operates, without limitation, the website www.whistledrop.com and the WhistleDrop™ mobile application (collectively, the “Site”). WhistleDrop™ is a subscription-based online or mobile accessed system for the delivery of monthly boxes of personal, hygiene and beauty products (“Boxes”) to customers. These Terms of Use refer to Company throughout as “Company,” “WhistleDrop,” “we,” or “us”. WhistleDrop provides access to and use of the Site and services, features, content, applications, or products offered by Company or its affiliates (the “Services”) to users, subject to the following terms and conditions. All visitors to the Site or users of the Services are referred to herein as “Customer” or “you.”  

Visiting the Site or otherwise using any of the Services or content obtained directly or indirectly from Company constitutes acceptance of and agreement to these terms and conditions. If you do not so consent, you may not visit the site or use any of its contents.  

PRIVACY POLICY 

Please review the WhistleDrop Privacy Policy that also governs your use of the Services and use of the content found on the Services, including without limitation, the text, software, graphics, images, sounds, music, videos, e-mails, text messages, social network, and all accompanying information and documentation (“the Content”). By visiting or using the Services or the Content, you agree to our Privacy Policy, the terms of which are incorporated herein by this reference as may be or become in effect from time to time. We may modify our Privacy Policy at any time. 

ELIGIBILITY 

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, visit the Site or use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.   

REGISTRATION   

To sign up for the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.   

CONTENT & LICENSE 

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate WhistleDrop grants the Customer a limited, non-exclusive, terminable, and nontransferable license to access and make personal use of the Services and Content and not to download (other than necessary for page viewing) or modify the Services or Content, or any portion of thereof, except with Company’s express written consent. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. 

USER ACCOUNT & REGISTRATION 

If you wish to register to use the Services you must register for an account on the Services (an “Account”) by supplying a valid username, password, and passcode (“Account Information”). You must keep all Account Information strictly confidential, and all Account Information may be used only by the Customer. You are responsible for maintaining the security and confidentiality of all Account Information and for preventing access to the Services or Content by unauthorized persons using Account Information.    

You must keep your Account Information updated. In creating and updating your Account information, you shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.   

Please note: WhistleDrop is in the business of selling and distributing hygiene and other products and services generally to college students and others in similar living circumstances. WhistleDrop sells its products primarily to adults, who, among other things, can legally enter into credit card transactions or other permitted payment methods and agreements. If you are under 18, you may use the Content and the Services only with authorization and supervision of a parent or legal guardian. WhistleDrop reserves the right to refuse service, terminate accounts, remove or edit the Content, or cancel orders in its sole discretion. Unauthorized access to or use of the Content by someone using a Customer or duly assigned student user of Customer Account Information may be attributed to such Customer.   

INTELLECTUAL PROPERTY 

Our Services and the Content are owned by or licensed to WhistleDrop, subject to copyright, trademark, and other intellectual property rights under United States and foreign laws and international conventions. WhistleDrop reserves all rights to the Content, and by using the Content, even as permitted hereunder, you do not gain any ownership interest in the Content. You agree not to engage in the use, copying, or distribution of any Content unless you are expressly permitted to do so by a written agreement with us. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services or the Content. 

WhistleDrop trademarks, the WhistleDrop logo, and any other product or service name or slogan contained in the Services and the Content are trademarks, trade dress, and service marks of Company and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Company or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "WhistleDrop" or any other name, trademark, service mark, or product or service name of WhistleDrop without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, are the service marks, trademarks, and/or trade dresses of Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, service marks, product names, and company names or logos mentioned in the Services or Content are the property of their respective owners. Our reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply our endorsement, sponsorship, or recommendation thereof, nor does it imply their endorsement of us. 

Unless otherwise indicated in this Site, including our Privacy Policy or in connection with our Services, any communications or material of any kind that you or any user authorized by you e-mails, text messages, posts, or transmits through the using or in connection with the Services, including, without limitation, questions, comments, suggestions, notes, answers to questions, submissions, reviews, ratings, and any other data and information (your "Communications") will be treated as non-confidential and non-proprietary. You grant WhistleDrop a non-exclusive, royalty-free, perpetual, Universal, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your or your authorized user’s Communications throughout the Services or elsewhere for our business purposes without any expectation of privacy in your Communications or those of your authorized users. We are free to use the name of you or your organization, and any ideas, concepts, techniques, opinions, and know-how of any description in your Communications for any purpose, including, but not limited to, the development, marketing, and use of products and services based on the Communications. 

WhistleDrop may, but is not obligated to, monitor or review any areas of the Services where user Communications may be made available, including, but not limited to, chat rooms, bulletin boards, social networks, groups, communities, and other user forums. WhistleDrop, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of trademark, copyright, defamation, privacy, obscenity, or otherwise. WhistleDrop retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate. 

RULES OF CONDUCT  

  1. As A condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.
  2. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or      attempt to interfere with the proper working of the Services or any      activities conducted on the Services; (iii) bypass, circumvent or attempt      to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; (vii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate, (viii) upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password      or other information of ours or of any third party; or (ix) otherwise take      any action in violation of our guidelines and policies.
  3. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii)      copy, rent, lease, distribute, or otherwise transfer any of the rights      that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
  4. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
  5. All orders of our products must be for personal use only. By purchasing our products, you hereby agree not to resell or distribute such products for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.

THIRD PARTY SERVICES  

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between their operator and us. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.   

PAYMENTS AND BILLING   

PAID SERVICES   

Certain of our Services, including the purchase of any products offered by us, may be subject to payments now or in the future (the “Paid Services”). Please see our Help/FAQ for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.   

BILLING   

We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.   

PAYMENT METHOD   

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.   

RECURRING BILLING   

Some of the Paid Services, such as the purchase of Boxes or other products, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-renewing products. More information on auto-renewing products can be found at our Help / FAQ page. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO WWW.WHISTLEDROP.COM.   

CURRENT INFORMATION REQUIRED   

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT WWW.WHISTLEDROP.COM. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.   

CHANGE IN AMOUNT AUTHORIZED   

If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.   

AUTO-RENEWAL FOR SUBSCRIPTION SERVICES   

Unless you opt out of auto-renewal, which can be done through your Account Settings www.whistledrop.com/customer/account, any subscription services, such as any auto-replacing products (“Subscription Services”), you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to Account Settings www.whistledrop.com/customer/account. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. All fees related to Subscription Services are fully earned upon payment.   

REAFFIRMATION OF AUTHORIZATION

Your non-termination or continued use of a Paid Service (including Subscription Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.   

FREE TRIALS AND OTHER PROMOTIONS   

Any free trial or other promotion that provides access to a Paid Service (a “Trial Offer”) must be used within the specified time of the trial. You will be required to have a valid Payment Method on file in order to initiate a Trial Offer. You must stop using a Paid Service before the end of the Trial Offer period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the Trial Offer period and are inadvertently charged for a Paid Service, please contact us at help@whistledrop.com. Trial Offers are one-time only for new customers and are limited to one (1) per household. Additional terms and limitations may apply and will be more fully explained at the time you sign up for the Trial Offer. Any such additional terms and limitations are deemed part of this Agreement.   

GIFT CARDS   

REDEMPTION  
WhistleDrop Gift Cards (“Gift Cards”) can only be used to redeem eligible goods in the United States from the www.whistledrop.com Site. Gift Cards cannot be reloaded, resold, transferred for value, or redeemed for cash (except as required by law). No portion of the balance on the Gift Card (“Balance”) may be transferred to another WhistleDrop account.   

Gift Cards may require the recipient (the "Recipient") to set up a WhistleDrop account. No taxes are charged on the purchase of Gift Cards. Applicable taxes and shipping may be incorporated into redemption price when Gift Cards are redeemed. Certain products may not be available for purchase with a Gift Card.Purchases made with a Gift Card will be deducted from the Recipient’s Balance. Any unused Balance will remain associated with the WhistleDrop account, but if a purchase exceeds the Balance, then the Recipient must pay the remaining amount with a credit card (or other approved payment method). No fees apply to Gift Cards. 

LIMITATIONS 

Gift Cards are non-refundable. The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible for any lost, stolen, or destroyed Gift Card or use by someone other than you or the intended Recipient, so please keep your Gift Card safe. These Gift Card Terms are subject to change without notice at any time and in our sole discretion. Gift Cards are void where prohibited. 

Use of Gift Cards for unauthorized advertising, marketing, sweepstakes, or other promotional or commercial purposes is strictly prohibited. Gift Cards may not be combined with certain promotional offers. We reserve the right to refuse Gift Card sales to anyone and limit how many Gift Cards an individual may purchase or redeem.  If we suspect that a Gift Card is obtained, used, or applied to a Account (or your Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these Gift Card Terms or the Terms of Use, we reserve the right to void Gift Cards or any component of the relevant Balance, close your account, and bill alternative forms of payment. 

Termination   

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.   

Disclaimer of Warranties and Limitation of Liability 

THESE SITES AND ALL INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH COMPANY’S SITES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH ITS SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHISTLEDROP DOES NOT WARRANT THAT THE SITES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH COMPANY’S SITES, THEIR SERVERS, OR E-MAIL OR TEXT MESSAGES SENT FROM STUDYSYNC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STUDYSYNC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH COMPANY’S SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 

IN NO EVENT SHALL COMPANY’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF THE SITES IN ANY MANNER WHATSOEVER EXCEED THE LESSER OF THE AMOUNT ACTUALLY PAID TO COMPANY BY THE INJURED PARTY OR US$500.00. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR WARRANTIES AND DAMAGES SHALL BE LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW. 

Indemnity 

You agree to indemnify, defend, and hold Company and its affiliates, and their respective directors, officers, employees, shareholders, agents, suppliers, customers, and users of the Services and Content (collectively, the "WhistleDrop Parties") harmless from and against any and all claims, liability, losses, costs, and expenses (including reasonable legal fees) incurred by any WhistleDrop Party as a result of or in connection with (i) any breach by you of any of the provisions of these Terms of Use; (ii) any violation by you of applicable law; and (iii) any use or alleged use of the Services or the Content by you or anyone within your control. Company reserves the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim. Company may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs). California residents waive any rights they may have under §1542 of the California Civil Code, which reads: “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 must have materially affected his settlement with the debtor.” You agree to release unknown claims and waive all available rights under California Civil Code §1542 or under any other statute or common law principle of similar effect. 

Applicable Law AND JURISDICTION 

By visiting the Site(s), you agree that the laws of the State of California, without regard to principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Company. Any dispute relating in any way to your visit to or use of the Site(s) or of the Content, products, or services sold or distributed by Company or through Company shall be solely adjudicated in the Superior Court of the State of California in Los Angeles Country, California or in the U.S. Federal District Court for the Central District of California, and you consent and submit to exclusive jurisdiction and venue in such courts and agree to accept service of process by electronic mail. 

COPYRIGHT POLICY AND COMPLAINTS

WhistleDrop respects the intellectual property of others. If you believe that any material on the Services or any use of the Services infringes upon any copyright that you own or control, please send us a notification of such infringement 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 intellectual property interest; 
  • • A description of the copyrighted work or other intellectual property that you claim has been infringed; 
  • • A description of where the material that you claim is infringing can be found on the Site; 
  • • Your address, telephone number, and email address; 
  • • A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and 
  • • A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”   
  • Send the notification to us as follows: 
  • 606 N. Larchmont Blvd. Ste. 4B  Los Angeles, CA 90004    

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of WhistleDrop or any third party. 

DISPUTE RESOLUTION.    

Notwithstanding any other provisions of this Agreement:   

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION in accordance with the Arbitration Rules and Procedures of ADR SERVICES, INC. (WWW.ADRSERVICES.COM), AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.    

As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed, or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in any class action or class-wide arbitration for any claims covered by this agreement to arbitrate.    

YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.    

You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either you or we can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Services or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.   

Severability: If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.   

Changes and Severability 

We reserve the right to make changes to the Services, our policies, and these Terms of Use at any time. If any of the terms or conditions in these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. 

Communication with WhistleDrop 

606 N. Larchmont Blvd. Ste. 4B  Los Angeles, CA 90004    

You agree to receive communications from us electronically regarding your account, this Agreement and the Services, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications, except for communications regarding subscriptions, are not confidential.   

EFFECTIVE DATE OF TERMS OF USE   

June 15, 2017