Privacy Policy

Last Updated: August 22, 2016

This Privacy Policy describes how Shaper Tools, Inc. (“Shaper”, “we” or “us”), a Delaware corporation headquartered in California, will handle any data it collects about you as you use this site (“Website” or “Site”) or any other site operated by Shaper. It describes what data will be collected, how Shaper will use it, and what your choices are regarding your data. By visiting and using our Site, you are accepting the terms in this policy and consenting to the practices outlined within.

As always, if you have any questions you can always email us for a clarification at hello@shapertools.com.

Changes to this privacy policy

This Privacy Policy is subject to occasional change or update. Whenever the Policy is materially changed, we will notify you by either an email notification or a prominent notice displayed on the Site. The notice will be sent and/or posted 30 calendar days prior to the change taking effect for existing users. For new users, it will take effect immediately. You are responsible for keeping your contact information up to date if you wish to receive emailed noticed of these changes. If for any reason our notification fails to reach you, our dispatch of that email will nonetheless constitute effective notice of the changes. If you do not want to be subject to any changes in this Privacy Policy, you must discontinue using the Site before the change takes place. Continuing to use the Site will serve as an acceptance of the changed Privacy Policy.

Information we collect

There are different ways that Shaper may collect information about you.

  1. When you visit the Site

    We are able to track visitors to our Site and collect information such as the browser type they are using, where they navigate and/or click, the time of their visit, their IP address, how they came to the Site (e.g. from a search engine, including what terms they may have used in their search), their approximate location in the world, and so on. Much of this data is collected anonymously. We use this type of information for things like improving the flow of the Site and fixing any mistakes on the Site.

  2. When you directly provide information to us

    Of course, we will have a record of any information you choose to provide to us, for example if you send us an email, apply for a job, purchase a product, add your name to our mailing list, follow us on social media, and so on. In any of these situations we will hold onto this data for our records, and this data may include, for example, your name, email address, shipping information, and any other data you provide.

    In the case of our mailing list, we use mailing list services provided by MailChimp. Their privacy policy is here: https://mailchimp.com/legal/privacy/ . If you sign up for our mailing list, you will receive occasional emails from us until you unsubscribe. You are free to unsubscribe at any time using the link in each of our mailings, or you can always write to us at hello@shapertools.com if you prefer to have us remove your email that way.

    In the case of purchases made by credit card, we will collect your information using merchant services provided by Stripe or FirstData. Stripe’s privacy policy is here: https://stripe.com/us/privacy/ and FirstData’s is here: https://www.firstdata.com/en_us/privacy.html . In general we will not retain the full details of your credit card – this will be held on to by the merchant service provider. We will retain the last four digits of your card number in order to identify you and the first six digits to help with fraud prevention.

    In the case of social media, note that of course any information you share via social media channels may be accessible to the general public, and anyone may collect and store that data.

  3. When you interact with us on social media

    Shaper is active on a variety of social media platforms such as Facebook and Instagram. Each of these platforms has its own privacy policy. For reference we link to some of these below. If you click any button on our site that links to our social media accounts, we may collect information from you based on that action such as the types of information specified above.

    Facebook
    Twitter
    Instagram
    YouTube
    LinkedIn
    Medium
    Pinterest

  4. When you email us or otherwise communicate with us outside of this site

    Whenever you reach out to us (for example with any question sent to hello@shapertools.com) we will hold on to your email address so we can respond. We may also retain a log of all communications with you indefinitely in order to have a history of our communications and to better serve you.

How we use collected information

The information collected by Shaper is generally used to help us respond to your requests and serve you better. This may include:

  1. To identify you in our system
  2. Administering our Site and services
  3. Providing services to you
  4. Processing and shipping orders
  5. Providing customer service
  6. Running contests and delivering contest prizes
  7. Improving our products and services
  8. Contacting you for feedback
  9. Communicating with you about offers, news, or promotions from us or our partners
  10. Combining information about you with information about you provided by third parties such as advertising partners to help understanding our users and improve our Site and services
  11. Investigating and deterring fraud or illegal activity
  12. Improving the experience of using our Site or services
  13. Confirming your email or welcoming you to the mailing list
  14. Sending you email notifications
  15. Responding to requests or questions
  16. Improving our marketing materials
  17. Sending details of promotions for our services or for other reasons related to marketing

In addition to targeted use of the information as described above, we may also anonymize data by removing identifying information and then use that anonymized data for other purposes such as improving our Site, tracking users as they use our Site, gathering information about the demographic groups that use our Site, and in general improving our site. Shaper reserves the right to use this anonymized information for these or any other purposes.

Who we share your information with

You can write us at hello@shapertools.com if you want us to not share your information with any third parties. Otherwise we may share your information with reputable third parties with complementary products or services or who are vendors providing services to us.

Other situations in which we may share your information include:

  1. Situations in which you give us permission to share your information
  2. Situations in which we share information with other companies under the same control as Shaper, for example subsidiaries or joint ventures
  3. When we believe that we need to disclose that information to (a) investigate or resolve disputes or problems or non-compliance with our Terms of Service; (b) comply with laws or requests from government agencies or law enforcement e.g. relating to investigations into illegal activity, which may include disclosure of information without subpoenas or warrants being issued; (c) defend our rights including intellectual property rights of Shaper or its affiliates or customers or other third parties; and/or (d) assist in enforcing the law or our Terms of Use or this Privacy Policy; and
  4. During or in connection with significant company restructuring or event such as merger, financing, acquisition, or bankruptcy. In the event of bankruptcy our records may also be considered a company asset and treated as such. If any company acquires this asset through acquisition of Shaper or other means, the rights and obligations relating to your information as laid out in this Privacy Policy will be assumed by the new holder of this information.

We reserve the right to use and to disclose any information that is anonymized for any purpose.

Transferring Data Outside the United States

Any information we collect may be transferred to partners or vendors or affiliates or other third parties in countries other than the United States, and the policies and laws regarding data protection may not be the same there as they are in the United States. By using this Site you agree to allow your information to be transferred to these third parties. Shaper will take all reasonable steps to ensure that the terms and obligations laid out in this Privacy Policy are respected by these third parties.

Shaper will take all reasonable steps to protect the security of the information it collects about you. However, information stored and transferred on the Internet is never completely secure. We cannot guarantee the security of your information held by Shaper and you accept that risk by using this Site.

CHOICES YOU HAVE ON HOW SHAPER HANDLES YOUR INFORMATION

  1. Emails. Email is the primary means of communication Shaper will use to reach you, and you are free to opt out of email communications using the Unsubscribe link contained in these communications. Opting out of promotional emails may still mean that you will receive emails related to providing services to you as an individual.
  2. Cookies. This Site uses cookies to improve user experience and to help Shaper collect information about how the site is being used. You can change the settings of your browser to prevent the use of cookies. However, this may negatively impact your experience of the Site or the Site’s functionality.
  3. Requests About Your Personal Data You may contact us at hello@shapertools.com to ask us to delete your personal information or to review or update the information we hold about you.

Security

While no system for protecting information is perfectly secure, Shaper will take all reasonable steps to protect your information. If you have any questions about our policy or security, you can write us at hello@shapertools.com.

Minors

Our Site is not intended for minors under the age of 13, and Shaper will not intentionally collect any information about minors and will endeavor to delete information that is unintentionally collected. If you realize that a minor has provided us with information you may contact us at hello@shapertools.com and we will remove it.

Analytics Services

Shaper uses the analytics services of various third party vendors including Google Analytics, Facebook Pixel Tracking, and MailChimp. Analytics is used to improve the user experience and to provide feedback on the demographic groups that are using our Site and services so that Shaper may improve its offerings. You should refer to the privacy policy documents of these analytics providers for more information on how they collect data and what your choices are in regards to data collected about you.

Cookies

This Site uses cookies to improve the experience to the user and to aid Shaper in tracking users and collecting information for the purposes of improving services and the Site. Cookies create a unique ID per user that is transmitted to Shaper when the user uses some portion of the Site. In addition to our own cookies, the Site uses cookies from third party vendors such as Google Analytics; however, these cookies in general do not provide identifying information about the user. You may always use the settings of your browser to opt out of using cookies; however, this may negatively impact your experience on the Site or your access to certain functionality.

Pixel Tags

This Site uses pixel tags from Facebook. These tags provide information about e.g. a user’s patterns of activity on the Site, IP address, time of visit, and so on. This information can be used by Shaper and/or Facebook to help target Shaper’s advertising. You can read more about Facebook’s Pixel Tag policies here: https://www.facebook.com/policies/cookies/.

Third Party Advertisers

The technologies described above are commonly used by third party advertisers such as Facebook to collect information about a user to target ads on their own platform more directly. Shaper is not responsible for their use of the information they are able to collect on this Site using these technologies. You may learn more about the way information is collected and what choices you have here: http://www.aboutads.info/choices. You may also read the privacy policies of these third party advertisers and advertising services.

Providing Feedback

Any information we collect from you in any feedback you provide to us may be used internally for the purpose of improving services. We may also disclose anonymized versions of this feedback that do not identify you as an individual, unless you give us permission to provide that information. That information is subject to this Privacy Policy.

POLICIES OF THIRD PARTIES TO WHOM INFORMATION IS DISCLOSED

As described above, we may in the course of providing services to you and improving our offerings disclose information collected about you to various third parties. Using this Site constitutes agreement on your part to this disclosure. The policies and obligations of this Privacy Policy do not in general apply to third parties, which generally have their own privacy policies.

In addition, we may post links on this Site that lead to sites not under our control. We do not control what information may be collected on those sites. You should review the Privacy Policy of any site that you visit. Clicking on an external link means that you are leaving this Site and you accept that this Privacy Policy will no longer apply.

"Do Not Track" Signals

This Site does not support or recognize “do not track” signals or other means of opting out of tracking.

Pre-Order Terms and Conditions

Last Updated: July 7, 2017

These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders (“Pre-Order”) with Shaper Tools, Inc. (“Shaper,” “we” or “us”) for the Shaper Origin (“Product”). Please read these Terms carefully before submitting your Pre-Order for the Product. By submitting your Pre-Order, you agree to be legally bound by these Terms.

As explained in these Terms in more detail:

  • PLEASE BE AWARE THAT THESE TERMS CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. (See Section 19)
  • ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR PRE-ORDER WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
  • By submitting your Pre-Order, you are offering to purchase a Product from us. We may reject your offer and refund the Purchase Price (as defined below). (See Section 1)
  • Specifications for our Products may change from the specifications currently published on our website. (See Section 4)
  • The Product is being sold before it is ready to ship and thus shipping of the Products may be significantly delayed. (See Section 5)
  • Any warranty we make available for our Products will be published before we accept your offer to purchase the Product, and you will have the opportunity to rescind your offer and receive a full refund of the Purchase Price if the warranty terms are not to your liking. (See Section 12)
  • Certain product features require an active Internet connection and account on the Shaper Service (as defined in the Shaper Terms of Service). Use of the Shaper Service is subject to the Shaper Terms of Service. (See Section 10)
  • Shaper’s liability is limited. (See Sections 1, 13, and 14)
  • If you submit feedback or suggestions about our Products or Services, we may use your feedback or suggestions without restriction or obligation to you.
  1. Pre-Order and Acceptance. Each Pre-Order you submit for a Product constitutes an offer to purchase that Product. Pre-Orders are complete when you provide your shipping address to us. Completed Pre-Orders are subject to Shaper’s acceptance and may be rejected at any time prior to shipping and for any reason at Shaper’s discretion. If Shaper rejects your offer, Shaper will, as your sole and exclusive remedy and Shaper’s sole and exclusive liability, refund the Purchase Price as described in Section 4. Shaper will send an email to you at the email address provided by you once Products are shipping to indicate whether your Pre-Order has been accepted or rejected. If you have any questions, comments, or concerns regarding Shaper’s Pre-Order acceptance policy, or if you believe that your Pre-Order was rejected in error, please contact Shaper at hello@shapertools.com. When you place a Pre-Order for the Product, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Shaper shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to shipment of the Product by sending an email to hello@shapertools.com.
  2. Eligibility. You must be at least 18 years old to offer to purchase a Product. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old. If you are offering to purchase a Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
  3. Payment. You will be charged the purchase price for the Product, including shipping charges and certain taxes (see Section 7), (the “Purchase Price”) at the time you place your Pre-Order for the Product. Your placing of the Pre-Order constitutes your express agreement for Shaper to charge your provided payment method at such time. Payment does not guarantee acceptance of your Pre-Order.
  4. Specifications; Refunds. You acknowledge and agree that the specifications for the Products may change prior to shipping. If you request a refund at any time before we accept your Pre-Order, we will refund the Purchase Price. Once we have accepted your offer, the policy in the immediately preceding sentence no longer applies. Instead, Shaper’s refund policy and limited warranty (“Limited Warranty”) will apply. The Shaper refund policy will be published on the Shaper website at the time when Shaper begins shipping Products (“Refund Policy”). For further information on Shaper’s Limited Warranty , please see Section 12 of these Terms. Once you place your Pre-Order, the Pre-Order is final, non-cancelable, and nonrefundable, except as specified in these Terms and in the FTC Rules (defined below) incorporated herein by reference.
  5. Shipping. The Product is being sold before it is ready to ship. We will provide the estimated date that your batch of Pre-Orders will start shipping on our pre-order page located at: https://preorder.shapertools.com. Orders will then be shipped on a rolling basis based on manufacturing capacity. When your Pre-Order is ready to ship, we will reach out to collect your shipping address. We estimate your Pre-Order will ship within thirty (30) days following receipt of your shipping address. The date provided for shipment of your Pre-Order batch to begin and any shipment date are estimates only, and the actual shipping date for any accepted Pre-Order will depend on a variety of factors including manufacturing schedule and capacity, the date of your Pre-Order, and when we solicit and receive your shipping address. If shipping costs for an accepted Pre-Order are higher than the shipping costs you paid at the time that you placed your Pre-Order, Shaper may, in its sole discretion, require you to pay additional shipping fees or to accept a refund of the Purchase Price.
  6. Transfer of Risk and Title. Risk of loss of the Product passes to you on Shaper’s delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point. Claims against a carrier for damage during shipping are your responsibility.
  7. Taxes. Except in the case of sales tax for residents of the State of Massachusetts, U.S.A., State of California, U.S.A., and the City and County of San Francisco, California, U.S.A., all import duties, taxes, and other charges are not included in the Purchase Price. These charges are your responsibility. Please determine what these additional costs will be prior to completing your Pre-Order. If you have already placed a Pre-Order and discovered that such taxes make your Pre-Order untenable for you, please contact Shaper Support to rescind your Pre-Order prior to acceptance, and we will refund the Purchase Price.
  8. Export Control. You acknowledge that Products may be subject to export control laws and other laws and regulations of the United States and other countries. You are responsible for compliance with all applicable export control laws and regulations. You represent that you will not export, re-export, or transfer indirectly or directly any Product outside of the United States without obtaining proper authorization from the applicable government agencies. Without limiting the immediately preceding sentence, you will not export, re-export, or transfer directly or indirectly any Product to: (i) an embargoed/terrorist supporting country, including Cuba, Iran, North Korea, Syria, Sudan, or any other such country as determined by the US government; (ii) a person or entity barred by the US Government on export activity lists, including persons or entities on the Treasury Department Specially Designated National List, Entities List, and Denied Persons List; or (iii) any destination for an end use that is prohibited by applicable law. You will defend and hold Shaper harmless against all claims, damages, or liability resulting from breach of the foregoing.
  9. Use of the Product; Shaper Service. You represent that the Product you have offered to purchase is for your own use and not for resale. Use of the Product may be subject to local laws, regulations, and ordinances in your jurisdiction, including air quality laws, noise control laws, and other health and safety laws. You are responsible for complying with all applicable laws. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances. If you do not have sufficient information to determine whether your use of the Product will comply with all applicable laws, regulations, and ordinances, then you should not place a Pre-Order for the Product. If you rescind your offer prior to our acceptance of it, we will refund to you the Purchase Price. You must also use the Product in strict accordance with the user documentation provided together with the Product.
  10. Certain product features require an active Internet connection and account on the Shaper Service (as defined in the Shaper Terms of Service). Use of the Shaper Service is subject to the Shaper Terms of Service which will be published prior to the product shipping. If you violate the Shaper Terms of Service, you may not be able to use the Product or certain features of the Product.
  11. Intellectual Property. Shaper and its licensors own all intellectual property rights in the Products. Your use of the Product will be subject to the Shaper Terms of Service and other additional license terms and restrictions that will be provided together with the Product. Shaper reserves all rights in and to the Products not granted expressly in these Terms, the Shaper Terms of Service or other additional license terms. If you submit feedback or suggestions about our Products or Services, we may use your feedback or suggestions without restriction or obligation to you.
  12. Limited Warranty and Disclaimer. Shaper will be providing the details of its Limited Warranty for Products on Shaper’s website before Shaper accepts your offer to purchase. Your purchase of the Product will be subject to the Limited Warranty. If you are dissatisfied with the Limited Warranty once published, you may contact Shaper Support to rescind your Pre-Order and we will refund the Purchase Price. EXCEPT AS MAY BE EXPRESSLY PROVIDED BY SHAPER IN THE SHAPER TERMS OF SERVICE OR LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT GUARANTEED WARRANTY OF ANY KIND, AND SHAPER HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCT.
  13. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL SHAPER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THE PRE-ORDER OR THESE TERMS OR YOUR USE OF OR INABILITY TO USE ANY PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SHAPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SHAPER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE PURCHASE PRICE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  14. Force Majeure. Neither party shall be liable to the other for any failure to perform its obligations due to an event beyond the control of such party, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of that party’s control, which causes the termination of an agreement or contract entered into, or which could not have been reasonably foreseen. Any party affected by such event shall inform the other party and use all reasonable endeavors to comply with these Terms.
  15. Privacy. If you provide information for the Pre-Order of the Product, Shaper will not use such information except as necessary or helpful to fulfill your order, as expressly set forth in these Terms or as set forth in the Shaper Privacy Policy located at: http://www.shapertools.com/privacy.
  16. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order for your Pre-Order to remain valid. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
  17. Entire Agreement. These Terms represent the entire agreement governing your Pre-Order of the Product, and any prior agreements have no force or effect.
  18. Severability. If for any reason a court of competent jurisdiction finds any portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.
  19. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Shaper and limits the manner in which you can seek relief from us.
    1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your Pre-Order or these Terms, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Shaper may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
      IF YOU AGREE TO ARBITRATION WITH SHAPER, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST SHAPER ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST SHAPER IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
    2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 2711 Centerville Road, Wilmington, DE 19808. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/. All other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at http://www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Shaper will pay them for you. In addition, Shaper will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Shaper will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
      You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    3. Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Shaper. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
    4. Waiver of Jury Trial. YOU AND SHAPER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Shaper are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
    5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in herein.
    6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Shaper Tools, Inc., Attn: Joseph Hebenstreit, 274 Shotwell St., San Francisco CA 94110 or hello@shapertools.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Shaper username (if any), the email address you used to set up your Shaper account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
    7. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
    8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Shaper.
    9. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Shaper makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Shaper.
    10. Exclusive Venue. To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Shaper agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state or federal courts located in San Francisco, California, U.S.A.
  20. Consent to Electronic Communications. The communications between you and Shaper use electronic means, whether you visit our website or send us emails, or whether we post notices on our website or communicate with you via e-mail. For contractual purposes, you (1) consent to receive communications from Shaper in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Shaper provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Community Terms and Conditions

The following terms and conditions govern all use of the shapertools.com website and all content, services and products available at or through the website, including, but not limited to, shapertools.com Forum Software, shapertools.com Support Forums and the shapertools.com Hosting service (“Hosting”), (taken together, the Website). The Website is owned and operated by Shaper Tools (“Shaper Tools”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, shapertools.com’s Privacy Policy and Community Guidelines) and procedures that may be published from time to time on this Site by Shaper Tools (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Shaper Tools, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your shapertools.com Account

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Shaper Tools of any unauthorized uses of your account or any other breaches of security. Shaper Tools will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
  • your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Shaper Tools or otherwise.

3. User Content License

User contributions are generally licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License, however if you submit feedback or suggestions about Shaper Tools’ products or services, Shaper Tools may use your feedback or suggestions without restriction or obligation to you. Without limiting any of those representations or warranties, Shaper Tools has the right (though not the obligation) to, in Shaper Tools’s sole discretion (i) refuse or remove any content that, in Shaper Tools’s reasonable opinion, violates any Shaper Tools policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Shaper Tools’s sole discretion. Shaper Tools will have no obligation to provide a refund of any amounts previously paid.

4. Payment and Renewal

General Terms

Optional paid services or upgrades may be available on the Website. When utilizing an optional paid service or upgrade, you agree to pay Shaper Tools the monthly or annual subscription fees indicated. Payments will be charged on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable.

Automatic Renewal

Unless you notify Shaper Tools before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time.

5. Services

Hosting, Support Services

Optional Hosting and Support services may be provided by Shaper Tools under the terms and conditions for each such service. By signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions.

6. Responsibility of Website Visitors

Shaper Tools has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Shaper Tools does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Shaper Tools disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

7. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which shapertools.com links, and that link to shapertools.com. Shaper Tools does not have any control over those non-shapertools.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-shapertools.com website or webpage, Shaper Tools does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Shaper Tools disclaims any responsibility for any harm resulting from your use of non-shapertools.com websites and webpages.

8. Copyright Infringement and DMCA Policy

As Shaper Tools asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by shapertools.com violates your copyright, and if this website resides in the USA, you are encouraged to notify Shaper Tools in accordance with Shaper Tools’s Digital Millennium Copyright Act (“DMCA”) Policy. Shaper Tools will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Shaper Tools will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Shaper Tools or others. In the case of such termination, Shaper Tools will have no obligation to provide a refund of any amounts previously paid to Shaper Tools.

9. Intellectual Property

This Agreement does not transfer from Shaper Tools to you any Shaper Tools or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Shaper Tools. Shaper Tools, shapertools.com, the shapertools.com logo, and all other trademarks, service marks, graphics and logos used in connection with shapertools.com, or the Website are trademarks or registered trademarks of Shaper Tools or Shaper Tools’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Shaper Tools or third-party trademarks.

10. Advertisements

Shaper Tools reserves the right to display advertisements on your content unless you have purchased an Ad-free Upgrade or a Services account.

11. Attribution

Shaper Tools reserves the right to display attribution links such as ‘Powered by shapertools.com,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the shapertools.com toolbar may not be removed regardless of upgrades purchased.

12. Changes

Shaper Tools reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Shaper Tools may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

13. Termination

Shaper Tools may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your shapertools.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Disclaimer of Warranties

The Website is provided “as is”. Shaper Tools and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Shaper Tools nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

15. Limitation of Liability

In no event will Shaper Tools, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Shaper Tools under this agreement during the twelve (12) month period prior to the cause of action. Shaper Tools shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

16. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Shaper Tools Privacy Policy, Community Guidelines, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

17. Indemnification

You agree to indemnify and hold harmless Shaper Tools, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

18. Miscellaneous

This Agreement constitutes the entire agreement between Shaper Tools and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Shaper Tools, or by the posting by Shaper Tools of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Shaper Tools may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

This document is CC-BY-SA. It was last updated May 31, 2013.

Originally adapted from the WordPress Terms of Service.