Terms of service
AS USED HEREIN THE TERM “YOU” AND “YOUR” REFERS TO THE PARTY PURCHASING THE CURB COVER PRODUCT, INCLUDING THEIR AGENTS, HEIRS, ASSIGNS OR ANY OTHER INDIVIDUAL OR ENTITY CLAIMING A RIGHT THROUGH THE PURCHASING PARTY.
Acceptance of Terms And Conditions of Sale:
By continuing with your purchase of a Curb Cover Corp. (hereinafter “CC”) product, you are accepting these Standard Terms and Conditions of Sale. All Shipments are deemed to have been made pursuant to these Terms and Conditions of Sale. Buyer may not add, delete, modify or otherwise alter these Terms and Conditions of Sale unless agreed to in writing by CC. These Terms and Conditions of Sale, together with your order constitute the entire agreement between the parties and supersedes all previous communications between YOU and CC.
DISCLAIMER AND RELEASE OF LIABILITY
You understand that the use of skateboard elements is inherently dangerous. Use of any CC product with a skateboard, in-line skates, scooter, or other permissible instrument comes with an increased risk of SERIOUS INJURY or DEATH that cannot be eliminated without jeopardizing the essential quality of the Cover’s use. You agree that you understand these risks and voluntarily choose to participate in the use of CC products despite this risk. By continuing with the purchase of this CC product you VOLUNTARILY, EXPRESSLY AND COMPLETELY RELEASE, FOREVER DISCHARGE, AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Curb Cover Corp., its agents, owners, shareholders, directors, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (the “Released Parties”),from any and all claims, demands, or causes of action, which are in any way connected with your purchase or use of CC products, including any such claims which allege negligent acts or omissions of the Released Parties, except injuries or damages caused by the sole negligence or willful misconduct of the Released Party seeking indemnity.
INDEMNIFICATION
By purchasing your CC product, you hereby agree to defend, indemnify, and hold Curb Cover Corp., its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal fees, attorneys fees or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of this Agreement, for except injuries or damages caused by the sole negligence or willful misconduct of the party seeking indemnity. You shall use your best efforts to cooperate with Curb Cover Corp. in the defense of any claim. Curb Cover Corp. reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by YOU.
DISPUTE RESOLUTION FORUM
This Agreement, your rights and obligations, the rights and obligations of Curb Cover Corp., and all actions contemplated by this Agreement, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You agree that the venue for any dispute relating in any way to this agreement or your purchase of this product or products will be in the County of Orange, California.
Refund Policy
We want you to be 100% satisfied with your CC product. Upon receipt of your CC product, inspect it for damage that might have occurred during transit (this does not include minor cosmetic imperfections). For specific instructions on items damaged in transit, see the appropriate section below (next paragraph). Please note, all refunds are subject to a nonrefundable 3.5% fee. If you wish to return your CC product, it must be shipped in its original packaging or replacement packaging similar to the original and properly secured to avoid damage during transit. Please repack the product carefully in its original condition. Include instructions and felt, but feel free to keep the sticker. You are responsible for all return shipping fees for any CC product returned to CC. CC also does not refund the original shipping fees included in the price of the product. Returns that are in their original, undamaged condition will incur a stocking fee equal to 5% of the original purchase price before shipping and handling. All returns will be assessed upon receipt. CC products returned in a severely damaged or used condition which cannot be resold as new will be subject to an additional fee equal to the cost of repairing or replacing the damaged part. Subject to the foregoing, CC will refund the original purchase price, minus state or federal taxes, and apply the refund to the credit card used during purchase.
You may return most new, unopened CC products within 30 days of delivery for any reason. We do not accept CC products back without a written explanation of why the item is being returned to: info@curb-cover.com. Anything received without a written explanation will be returned to sender at sender’s expense. Some items described below may not be returned under any circumstance.
Non-Returnable Products (not returnable for any refund):
- CC products that have clearly been grinded on or used in any way.
- CC products purchased through a non-authorized third party.
- CC products returned more than 30 days after receiving.
- Promotional or free items
ITEMS DAMAGED IN SHIPPING TRANSIT
If any items are damaged during transit with any home or ground delivery services, please report it immediately to us via email along with photos; info@curb-cover.com. We may request the damaged piece be returned to us for exchange of a new item. CC will replace any damaged items during transit if the delivery driver makes note of it on the receipt / Bill Of Lading (BOL). It is important to INSPECT YOUR COVER FOR DAMAGE BEFORE signing the BOL/ receipt from the carrier. If you sign the BOL/ receipt without any note of the damage you will not be refunded nor receive a replacement CC product and/or missing parts. Please ensure you inspect the package upon its arrival.
LIMITED WARRANTY AND DISCLAIMER OF IMPLIED WARRANTY
CC warrants that its products will be manufactured and sold in compliance with all applicable laws; will be free from defects in workmanship at the time of delivery; and will conform with the description in CC’s sales materials. CC products require basic further assembly at the time of purchase. Skateboarding is difficult, can be dangerous, and is personal to each skater. CC does not warrant the results to be obtained from using its products. Except as expressly set forth in these terms and conditions, to the maximum extent permitted by law, CC disclaims and excludes all other expressed warranties and disclaims all implied warranties, including without limitation the implied warranties of merchantability and intended use of a particular product.
CURB COVER Messaging Terms & Conditions
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from CURB COVER, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary.CURB COVER reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. CURB COVER also reserves the right to change the shortcode or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. CURB COVER, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
You also agree to our CURB COVER Terms of Use and CURB COVER Privacy Policy.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Cancellation
Text the keyword STOP, CANCEL, or UNSUBSCRIBE to our phone number to cancel. After texting STOP, CANCEL, or UNSUBSCRIBE to our number you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, CANCEL, or UNSUBSCRIBE keyword commands and agree that CURB COVER and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from CURB COVER through any other programs you have joined until you separately unsubscribe from those programs.
Help
Text the keyword HELP to our number to return customer care contact information.
Customer Care
If you are experiencing any problems, please visit https://curb-cover.com/pages/contact and submit the form with details about your problem or your request for support, or email support@curb-cover.com
Contact
This message program is a service of CURB COVER, located at https://curb-cover.com/.
Dispute Resolution
General
In the interest of resolving disputes between you and CURB COVER in the most expedient and cost-effective manner, you and CURB COVER agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from CURB COVER or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from CURB COVER or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND CURB COVER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions
Notwithstanding subsection 'General' above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or CURB COVER to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator
Any arbitration between you and CURB COVER will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting CURB COVER. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process
If you or CURB COVER intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). CURB COVER address for Notice is: [BRAND ADDRESS]. Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and CURB COVER will make good faith efforts to resolve the claim directly, but if you and CURB COVER do not reach an agreement to do so within 30 days after the Notice is received, you or CURB COVER may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or CURB COVER must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Fees
If you commence arbitration in accordance with these Messaging Terms, CURB COVER will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse CURB COVER for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and CURB COVER agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or CURB COVER made within 14 days of the arbitrator's ruling on the merits.
No Class Actions
YOU AND CURB COVER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CURB COVER agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision
Notwithstanding anything to the contrary in these Messaging Terms, if CURB COVER makes any future change to this arbitration provision, other than a change to CURB COVER address for Notice, you may reject the change by sending us written notice within 30 days of the change to CURB COVER address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and CURB COVER.
Enforceability
If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection 'Modifications to this Arbitration Provision' above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
