You may not publicly market, advertise, or resell any Sippers By Design products on internet marketplaces, including without limitation, Facebook, Ebay, Amazon, or any other online channels. You may not resell Sippers By Design products in any public in-person channels. Further, you will not alter, adjust, or use any Sippers By Design products, including altering or adjusting the packaging for such products, for resale or distribution.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify or discontinue the Website, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any service, content, feature or product offered through the Website.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Website.
All of the Website design, text, graphics, logos, button icons, images, audio clips, and the selection and arrangement thereof, is copyright © 2022 Sippers By Design, ALL RIGHTS RESERVED unless otherwise indicated. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of Sippers By Design and is protected by U.S. and international copyright laws. All software used on this site is the property of Sippers By Design or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Website for the sole purpose of placing an order with Sippers By Design or using the Website as a shopping resource. Any other use of materials on the Website – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Sippers By Design is strictly prohibited.
Membership, Usernames, and Passwords
You also agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Website or of the networks connected to the Website, and to abide by all security policies adopted by Sippers By Design. For security purposes, you acknowledge and agree that Sippers By Design may monitor your account and your access to and use of the Website.
Comments, Feedback, and Submissions
Sippers By Design welcomes your comments and feedback regarding the Website, and Sippers By Design products and services. Any information, materials, suggestions, ideas or comments sent to sippersbydesign.com or Sippers By Design in any form will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Sippers By Design an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever.
Please note: Sippers By Design does not accept ideas, suggestions, or other submissions, whether pertaining to any content, the Website, any products or services of Sippers By Design or any of its affiliated entities, or any other matter, under any obligations of any kind, either expressed or implied. Accordingly, please do not submit to us any ideas, suggestions, or other submissions that you wish to keep confidential or for which you expect to receive compensation.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Sweepstakes, Contests, Promotions
SIPPERS BY DESIGN IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH SIPPERS BY DESIGN HEREBY EXPRESSLY DISCLAIMS. SIPPERS BY DESIGN DOES NOT GUARANTEE THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE WEBSITE WILL BE USEFUL OR THAT IT WILL SATSIFY YOUR REQUIREMENTS. SIPPERS BY DESIGN WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SIPPERS BY DESIGN'S LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF SIPPERS BY DESIGN HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the panel shall apply the substantive laws of the Federal Judicial Circuit in which Sippers By Design's principal place of business is located (Miami, Florida), without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select arbitrators with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on arbitrators within ten (10) calendar days, a party may petition the AAA to appoint a panel, who must satisfy the same experience requirement. In the event of a dispute, the panel shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the panel shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the panel and the administration of the arbitration; however, the panel shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the panel shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The panel shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the panel may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our programs.