Terms of service
Last updated February 10, 2025
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR ACCESSING THIS SITE. Doood Pty Ltd, LLC ("HeyDoodle," “we,” “us,” or “our”) maintains this website (the “Site”) as a service to HeyDoodle's customers, and by using the Site you are agreeing to comply with and be bound by the following terms and conditions of use (this “Agreement”). Please review the following terms and conditions carefully and check them periodically for changes. THESE TERMS AND CONDITIONS OF USE CONTAIN A BINDING ARBITRATION CLAUSE, A WAIVER OF JURY TRIAL, AND A CLASS ACTION WAIVER (See Section 28 below). If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from the Site.
1. Entire Agreement. This Agreement, along with all HeyDoodle policies referenced herein, represents the complete and sole agreement between you and HeyDoodle, overriding any previous or simultaneous agreements, representations, warranties, and understandings related to the Site, its content, and the products or services offered through it, as well as the subject matter of this Agreement. Any terms and conditions you may include in a purchase order, order confirmation, or any other document are explicitly excluded. Modifications to the terms and conditions of this Agreement will only be binding on HeyDoodle if they are agreed upon in writing by you and an authorized representative of HeyDoodle. HeyDoodle reserves the right to amend this Agreement at any time without prior notice to you. The most recent version of this Agreement will be available on the Site, and it is advisable for you to review it before utilizing the Site.
2. Use of the Site. By visiting the Site and/or placing an order for any product, you consent to refrain from utilizing HeyDoodle’s services or the Site to produce any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another individual’s privacy, hateful, or objectionable on racial, ethnic, or other grounds, or that violates any patent, trademark, trade secret, copyright, or other proprietary rights belonging to any third party.
3. Verifying Your Address. HeyDoodle retains the authority to reach out to you via email in order to confirm the correctness of your account details, including your name and address, which are necessary for delivering the information you have requested from HeyDoodle.
4. Fraud. By establishing an account, you affirm that the information you have supplied is accurate and that you consent to adhere to the terms of this Agreement. It is important to understand that your account may be terminated without prior notice if it is found that false or misleading information has been submitted, if there has been a breach of this Agreement, or if other forms of misconduct are identified at the sole discretion of HeyDoodle.
5. Copyrights and Trademarks. The content, structure, graphics, design, compilation, magnetic translation, digital conversion, and other aspects related to the Site are safeguarded by relevant copyrights, trademarks, registered trademarks, and other proprietary rights, including but not limited to intellectual property rights. Any copying, redistribution, use, or publication of these elements or any portion of the Site, except as permitted by Section 9, is strictly forbidden. You do not gain ownership rights to any content, documents, or other materials accessed through the Site. By posting information or materials on the Site, HeyDoodle retains all rights to such information and materials.
6. Product Information and Colors. We have taken extensive measures to represent the colors of our products on the Site as accurately as possible. However, the actual colors you perceive may vary depending on your monitor, and we cannot assure that your monitor will display any color accurately. Most of the products featured on the Site can be found in select retail locations across the United States and certain international markets, subject to availability. In certain instances, items showcased for sale on the Site may not be accessible in physical stores. The prices listed on the Site for shipments to the United States are presented in U.S. Dollars.
7. Errors, Inaccuracies, and Omissions. There may be instances where our Site includes typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, promotions, offers, and availability. We retain the right to rectify any such errors, inaccuracies, or omissions, remove any content or information displayed on the Site, and modify or update information or cancel orders if any details on the Site are found to be incorrect, at any time and without prior notice, including after an order has been placed.
8. Limited Right to Use. The act of viewing, printing, or downloading any content, graphic, form, or document from the Site provides you with a limited, nonexclusive license for personal use only. This license does not permit republication, distribution, assignment, sublicensing, sale, the creation of derivative works, or any other form of use. No portion of any content, form, or document may be reproduced in any format or integrated into any information retrieval system, whether electronic or mechanical, except for your personal use, which excludes resale or redistribution. You agree not to download, display, or utilize any HeyDoodle content found on the Site for publication purposes, on websites other than the Site for commercial reasons, in association with products or services that are not affiliated with HeyDoodle, or in any manner that may create confusion among consumers, disparage or discredit HeyDoodle and/or its licensors, dilute the brand strength of HeyDoodle, or otherwise violate HeyDoodle's intellectual property rights.
9. Protection of Intellectual Property. If you suspect that any product acquired from the Site or any materials available on or through the Site have been copied in a manner that constitutes copyright infringement, we kindly ask you to inform us at info(at)heydoodle.com, providing the following details ("Notice"):
o Your physical or electronic signature.
o Identification of the copyrighted work you believe has been infringed, or if the claim pertains to multiple works on the Site, a representative list of those works.
o Identification of the material or products you consider to be infringing, described in sufficient detail to enable us to locate that material.
o Contact information that allows us to reach you (including your name, postal address, telephone number, and, if available, email address).
o A declaration that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
o A statement affirming that the information provided in the written notice is accurate.
o A declaration, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please be aware that this procedure is solely intended for notifying HeyDoodle of any infringement of your copyrighted material. Upon receiving your notification, HeyDoodle will take action to remove the infringing materials from the Site and may terminate the relationship with the allegedly offending customer; however, it does not possess the capability to collect or return any allegedly infringing products.
10. Privacy Policy and Use of Information. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. On certain areas of the Site, you may be given the ability to provide us with personal information, directly or through automated means. HeyDoodle reserves the right, and you authorize HeyDoodle, to collect, use, and disclose your personal information regarding use of the Site by you and all information provided by you in any manner consistent with HeyDoodle’s Privacy Policy (including and except for activities for which we first require your explicit consent to be given through other means). Please read our Privacy Policy for more information about our collection, use and disclosure practices. The Privacy Policy also provides separate options for individuals to lodge complaints in relation to the Privacy Policy and your personal information.
11. Our Privacy Policy, which may be updated periodically, forms an integral part of this Agreement. In certain sections of the Site, you may have the opportunity to submit personal information, either directly or through automated processes. HeyDoodle retains the right, and you grant HeyDoodle permission, to gather, utilize, and disclose your personal information concerning your use of the Site, as well as any information you provide, in accordance with HeyDoodle’s Privacy Policy (with the exception of activities that require your explicit consent through alternative means). For further details regarding our practices related to the collection, use, and disclosure of information, please refer to our Privacy Policy. Additionally, the Privacy Policy outlines specific options for individuals to file complaints regarding the Privacy Policy and their personal information.
12. Credit Card Payments. You affirm and guarantee that when making a purchase from HeyDoodle using a credit card, (i) all credit card information you provide is accurate, complete, and truthful, (ii) your credit card company will honor the charges incurred, and (iii) you will settle the charges at the stated prices, which include any applicable shipping fees and taxes. HeyDoodle does not accept certificates for reseller or sales and use tax exemptions for online transactions. Full payment is required in advance before any order for custom products can proceed to production. We reserve the right, with or without prior notification, to undertake any of the following actions: (i) limit the quantity of or discontinue any product; (ii) restrict the number of orders placed from the same account, using the same credit card, or associated with the same billing or shipping address; (iii) limit or deny orders that, in HeyDoodle’s sole discretion, appear to be made by dealers, resellers, or distributors; (iv) impose conditions on the acceptance of any promotional code or similar offers; (v) prohibit any user from initiating or completing any transaction(s); and (vi) refuse to provide any product to any user. Resellers are defined as individuals or companies that acquire products with the intent to sell them rather than for personal use.
13. Gift Cards. Gift cards provided by our company are exclusively valid for future purchases of products or services at heydoodle.com. Taxes will be applied at the time of gift card redemption. If the total amount of your purchase exceeds the value of the gift card, you will be required to pay the remaining balance using an alternative payment method. Any unused balance after redemption will remain available on the gift card for subsequent purchases. HeyDoodle gift cards do not have an expiration date and incur no associated fees. Digital gift cards from HeyDoodle are sent directly to the recipients via email. HeyDoodle is not liable for any errors in digital gift card delivery resulting from incorrect email addresses. Gift cards are non-returnable, non-refundable, and cannot be transferred to another gift card for value. They may not be used for unauthorized advertising, marketing, promotional, or commercial activities, nor can they be exchanged for cash or credit (unless mandated by law), and they cannot be replaced or refunded if lost or stolen. It is essential to treat the gift card as cash and protect it accordingly. Gift cards are not redeemable at any HeyDoodle retail locations or Authorized Dealer sites. HeyDoodle reserves the right to decline gift cards that it suspects may have been obtained through fraudulent means.
14. Title and Loss. The title and risk of loss for the product transfer to you upon the delivery of the ordered items to the carrier. Delivery times may vary. It is important to understand that all delivery dates provided are estimates and do not guarantee that the product will arrive on the indicated date. HeyDoodle shall not be held responsible for any losses or expenses you may incur due to delays in the delivery of your order. You are responsible for submitting any claims to carriers for shipments that are damaged or lost.
15. Links to Other Web Sites. The Site includes links to external websites. HeyDoodle disclaims any responsibility for the content, accuracy, or opinions expressed on these websites, which are not subject to investigation, monitoring, or verification for accuracy or completeness by HeyDoodle. The presence of any linked website on this Site does not signify approval or endorsement by HeyDoodle. Should you choose to leave the Site and visit these third-party sites, you do so at your own risk.
16. Submissions. All suggestions, ideas, notes, concepts, content, artwork, product reviews, and any other information that you may occasionally submit to HeyDoodle (collectively referred to as "Submissions") shall be considered the exclusive property of HeyDoodle and shall not be subject to any confidentiality obligations on the part of HeyDoodle. Furthermore, HeyDoodle shall possess all existing and future rights of every kind related to the Submissions and shall have the right to utilize the Submissions for any purpose without providing compensation to the individual who submitted them.
HeyDoodle retains the authority to utilize submitted artwork for marketing purposes, which may include, but is not limited to, social media platforms, website content, advertisements, and printed materials.
17. Custom Products. HeyDoodle prioritizes respect, tolerance, and open communication, catering to a diverse clientele. We reserve the right to decline any order that we consider unsuitable for production. This includes designs or text that may:
o feature obscene, vulgar, or profane content, including hate speech or symbols,
o contain explicit sexual material or innuendo,
o promote violence, hatred, or negative stereotypes against individuals or groups,
o attack, harass, or discriminate based on race, religion, ethnicity, gender, disability, or national origin,
o incite public outrage or encourage violence,
o depict or endorse irresponsible consumption of alcohol or other substances, or
o libel or defame any individual or group.
We strive to avoid producing custom products with political affiliations or associations. However, as our process for identifying such affiliations relies on human judgment, there may be instances where we inadvertently accept an order that includes a candidate’s name or campaign slogan without prior knowledge. In such cases, this should not be interpreted as HeyDoodle’s endorsement of any specific affiliation or association, unless explicitly stated.
HeyDoodle is committed to respecting the intellectual property rights of others, and we request that our customers do the same. By ordering any custom product through our Site, you affirm that your requested design does not infringe upon the rights of others, including copyrights, trademarks, trade secrets, privacy, or other rights. We reserve the right to terminate the account of any customer who infringes, or may infringe, upon the intellectual property rights of others.
A customization fee is applicable to all custom products. We encourage you to review your customized item thoroughly before submitting your order, as customized items cannot be canceled or returned once the order has been placed.
18. Customer Ratings and Reviews; User Content License. By providing any customer ratings, reviews, and associated materials (including, but not limited to, photographs) (collectively referred to as "User Content") to HeyDoodle, you affirm and guarantee that:
o You affirm that you are at least eighteen (18) years of age.
o You declare that the User Content is your original work and has not been sourced from any website, social media platform, or any other location.
o You possess all necessary rights and authority to grant the permissions outlined herein, and you confirm that HeyDoodle’s utilization of the User Content in accordance with this Agreement will not infringe upon the rights of any third party.
o You have obtained consent from all individuals featured in the User Content to provide the rights specified in this Agreement.
o You ensure that HeyDoodle’s use of the User Content will not breach the rights of any third party, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, or proprietary rights.
o You confirm that the User Content does not depict or endorse irresponsible consumption of alcohol or other substances.
o You assert that the User Content is not libelous, defamatory, obscene, pornographic, harassing, hateful, racially or religiously biased, offensive, or otherwise illegal.
o You agree that HeyDoodle’s use of the User Content will not necessitate any payment to any individual or entity and does not require the approval or consent of any other person or entity.
o You further agree and warrant that you shall not submit any User Content:
You are aware that the information is false, incorrect, or deceptive;
You are in violation of any applicable laws, statutes, ordinances, or regulations (including, but not limited to, those related to export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
You have received compensation or any form of consideration from a third party for this;
The content includes references to other websites, addresses, email addresses, contact details, or phone numbers; and
It contains any computer viruses, worms, or other potentially harmful computer programs or files.
For any User Content that you provide, you grant HeyDoodle a perpetual, irrevocable, royalty-free, and transferable right and license to utilize, reproduce, edit, modify, remove in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User Content, as well as to incorporate it into any form, medium, or technology globally without any compensation to you. All User Content submitted may be utilized at the sole discretion of HeyDoodle. HeyDoodle may employ your User Content on its websites and social media platforms, in promotional emails and advertisements, and in all marketing, promotional, and advertising efforts, in any formats currently known or developed in the future. HeyDoodle retains the right to alter, condense, or eliminate any User Content on the Site that it considers, at its sole discretion, to breach these User Content guidelines, product usage guidelines, or any other terms of this Agreement. HeyDoodle does not assure that you will have any means to edit or remove any User Content you have submitted. Ratings and written comments are typically published within two to four business days; however, HeyDoodle reserves the right to remove or decline to post any submission for any reason. You acknowledge that you are solely responsible for the content of your submission, not HeyDoodle. None of the User Content you submit will be subject to any confidentiality obligation on the part of HeyDoodle, its agents, subsidiaries, affiliates, partners, service providers, contractors, or third parties, including their respective directors, officers, and employees. By providing your email address in connection with your rating and review, you consent to HeyDoodle and its third-party service providers using your email address to communicate with you regarding the status of your review and for other administrative purposes.
20. Return Policy. HeyDoodle's return policy is incorporated into this Agreement. Customized products that are not damaged or defective upon receipt are not eligible for return. It is your responsibility to inspect the products promptly upon their delivery.
21. Order Modification/Rejection. HeyDoodle retains the authority to decline or alter any order, regardless of whether the order has been confirmed or your credit card has been processed. You will receive notification of any rejections or modifications to your order at the email address you supplied during the checkout process. In the event that your credit card has already been charged and a portion of your order is declined, HeyDoodle will provide a credit to your credit card account for the amount that was rejected.
22. Limitation of liability. Under no circumstances, including but not limited to its own negligence, shall HeyDoodle or its members, officers, employees, affiliates, agents, subsidiaries, suppliers, or any other party involved in the creation, production, transmission, or distribution of HeyDoodle's services and products be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if HeyDoodle has been informed of the possibility of such damages), arising from: (a) the use or inability to use the site; (b) the cost of acquiring substitute goods and services due to any goods, data, information, or services purchased or obtained, or messages received, or transactions entered into through or from the site; (c) unauthorized access to or modification of your transmissions or data; (d) statements or conduct of any third party on the site; or (e) any other issue related to the site. Certain jurisdictions may not permit the limitation or exclusion of liability for incidental or consequential damages, and as such, some of the above may not be applicable to you. In those jurisdictions, liability is limited to the maximum extent allowed by law.
23. Disclaimer. HeyDoodle does not guarantee the reliability of the Site's features, the content provided by HeyDoodle, or any other aspect of the Site, and it disclaims all responsibility for any service interruptions. You acknowledge that any reliance on such materials or systems is undertaken at your own risk. The Site is managed, operated, and administered by HeyDoodle from within the United States. HeyDoodle does not represent or warrant that the content available on the Site is suitable or accessible for use in locations outside of the United States. This site is offered on an “as is, as available” basis. No warranties, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, are provided regarding the site or any information or software contained therein.
24. Promotions and Promotional Communications. On the Site, you may have the opportunity to engage in or register for surveys, sweepstakes, contests, and various other promotional activities (collectively referred to as "Promotions"). Should you decide to take part in these Promotions, we may request information including your name, email address, postal address, telephone number, and date of birth. The information you provide will be utilized in accordance with our Privacy Policy. Please note that the Promotions may be subject to rules or terms distinct from this Agreement. If you choose to participate in any Promotions, we encourage you to review the relevant rules or terms.
25. Indemnity. You agree to defend, indemnify, and hold harmless HeyDoodle, along with its officers, managers, employees, agents, and licensors, from any judgments, awards, losses, liabilities, costs, and expenses. This includes, but is not limited to, reasonable attorneys' fees, expert witness fees, and litigation costs that arise from or are related to (a) any content you submit, post, or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your breach of the terms and conditions outlined in this Agreement, or (e) your infringement of any third-party rights, including those pertaining to intellectual property.
26. Notices and Electronic Communications. Any notices intended for HeyDoodle, unless explicitly stated otherwise, should be sent via mail to HeyDoodle LLC, Attn: Legal, 1309 Coffeen Avenue STE 1200, Sheridan, WY 19801. By contrast, you agree to receive notices and other communications from HeyDoodle through postings on the Site, emails sent to the address associated with your account, or physical mail sent to your billing address as listed in your account profile. You acknowledge that all agreements, notices, disclosures, and other communications provided by HeyDoodle in this manner fulfill any legal requirement for such communications to be in writing. Notices will be considered delivered (i) 24 hours after being posted on the Site or after an electronic message is dispatched, unless the sender is informed that the message did not reach the recipient, or (ii) in the case of postal mail, three days following the mailing date. You agree that a printed copy of these Terms & Conditions and/or any electronically delivered notice shall be admissible in judicial or administrative proceedings related to this Agreement, under the same conditions as other business documents and records that were originally created and maintained in printed form.
27. Notice for California Residents. According to California Civil Code Section 1789.3, users in California are granted the following consumer rights notice: Should you have any inquiries or grievances concerning the Site, we encourage you to reach out to us. Additionally, you may contact us via mail to HeyDoodle LLC, Attn: Legal, 1309 Coffeen Avenue STE 1200, Sheridan, WY 19801. California residents can also get in touch with the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs by mailing correspondence to 1625 North Market Blvd., Sacramento, CA 95834, or by calling (916) 445-1254 or (800) 952-5210.
28. Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the substantive laws of the state of Wyoming, U.S.A., to the fullest extent allowed by law, without consideration of its choice of law provisions, and shall not be subject to the 1980 U.N. Convention on Contracts for the International Sale of Goods.
To the extent permitted by law, the state and federal courts located in Sheridan, Wyoming, shall have exclusive jurisdiction over any action or proceedings between you and HeyDoodle that are not subject to arbitration or that may be brought in small claims court and over any action seeking interim or preliminary relief. Each of you and HeyDoodle (i) voluntarily and irrevocably consents and (without waiving service of process) submits to personal jurisdiction and venue of the courts located in Sheridan, Wyoming, that have subject matter jurisdiction, and (ii) waives all objections to venue and any claim that you or it is not personally subject to such jurisdiction or to seek a change of venue, and agrees not to bring any such action or proceeding in any other form.
29. Mandatory Pre-Dispute Resolution Process. To the fullest extent allowed by law, both you and HeyDoodle relinquish the right to file any claims, whether directly or indirectly related to the Agreement (including all sections of this Agreement) or the Site (including the acquisition of HeyDoodle products through heydoodle.com), in any forum unless the party initiating the claim provides the other party with written notification of the dispute within one (1) year of its occurrence. This notification must be sent via certified U.S. Mail or Federal Express (signature required), or, if the other party has not provided a current physical address, by electronic mail. The address for HeyDoodle for such notifications is: Attn: Legal Department – Notice of Dispute, HeyDoodle LLC, 1309 Coffeen Avenue STE 1200, Sheridan, WY 19801. Written notification, referred to as the “Notice of Dispute,” must (a) outline the nature and grounds of the claim or dispute and (b) specify the exact relief sought.
(b) The Notice of Dispute must be signed personally by you (if you are the one initiating the Notice of Dispute) or by a representative of HeyDoodle (if we are the ones initiating the Notice of Dispute). HeyDoodle is required to send any such Notice of Dispute to you at the email address that HeyDoodle has on record for you.
(c) Both you and HeyDoodle will endeavor to resolve the dispute through reasonable, good-faith discussions, cooperation, and negotiations within sixty (60) days from the date the Notice of Dispute is received (or for a longer duration if mutually agreed upon). Neither you nor HeyDoodle may commence arbitration or small claims proceedings prior to the conclusion of the sixty-day period from the receipt of the Notice of Dispute, unless there is full adherence to the process outlined in this Section [##] (collectively referred to as the “Mandatory Pre-dispute Resolution Process”). You acknowledge that either you or HeyDoodle may seek any interim or preliminary relief from a court of competent jurisdiction in Sheridan, Wyoming, as necessary to safeguard their rights while awaiting the completion of the Mandatory Pre-Dispute Resolution Process.
(d) In the event that the adequacy of a Notice of Dispute or adherence to this Mandatory Pre-dispute Resolution Process is contested, a court of competent jurisdiction located in Sheridan, Wyoming, may resolve the matter at the discretion of either party, resulting in a suspension of any formal dispute resolution proceedings. This court possesses the authority to enforce this prerequisite condition prior to arbitration, which includes the ability to prohibit the initiation or continuation of an arbitration demand. However, both parties retain the right to assert non-compliance with this prerequisite condition and to pursue associated damages in arbitration. Furthermore, any relevant limitation periods, including statutes of limitations, as well as deadlines for filing fees, will be paused while you and HeyDoodle participate in the Mandatory Pre-dispute Resolution Process.
30. Class Action Waiver. All processes aimed at resolving, arbitrating, or litigating any disputes shall be carried out exclusively on an individual basis. Neither you nor HeyDoodle shall pursue any dispute as a class action or in any other manner where either party acts or intends to act in a representative role. No arbitration or proceeding shall be merged with another unless there is prior written consent from all parties involved in the affected arbitrations or proceedings.
31. Small Claims Court. Any disagreement, whether directly or indirectly related to the Agreement or the Site (including the acquisition of HeyDoodle products through HeyDoodle.com), that falls within the jurisdictional parameters of the small claims court in your place of residence may be filed in that court on an individual basis. Such disagreements must be confined to a small claims court and cannot be escalated or appealed to a court of general jurisdiction.
The party who initiates the small claims court action is required to present a certification of compliance with the Mandatory Pre-Dispute Resolution Process outlined in Section 27 to that court. This certification must be personally signed by the initiating party (and their legal counsel, if applicable).
32. Arbitration Agreement. Any disputes, whether directly or indirectly related to the Agreement (including all sections of this Agreement) or the Site (including the purchase of HeyDoodle products through HeyDoodle.com), that cannot be resolved through the Mandatory Pre-Dispute Resolution Process outlined in Section 27 shall be exclusively settled through final and binding arbitration, which will be administered by National Arbitration and Mediation (“NAM”). Unless otherwise modified by this Agreement, NAM will conduct the arbitration in accordance with the Comprehensive Dispute Resolution Rules and Procedures and/or the Mass Filing Supplementary Dispute Resolution Rules and Procedures, as applicable (collectively referred to as the “NAM Rules”). The NAM Rules and associated fee information can be found at www.namadr.com. Should NAM be unable or unwilling to administer the arbitration in accordance with the terms of this Agreement, the parties will mutually select an alternative administrator to fulfill this role. In the event that the parties are unable to reach an agreement, they shall seek the appointment of an alternate administrator from a court of competent jurisdiction in Sheridan, Wyoming.
The request for arbitration must be personally signed by the initiating party and their legal representative, if applicable. By affixing their signature to the arbitration demand, the party and their counsel, if represented, affirm that they have adhered to (i) the Mandatory Pre-Dispute Resolution Process outlined in Section 28 and (ii) all stipulations of Federal Rule of Civil Procedure 11(b), which includes the assertion that the claims and requested relief are not frivolous and are not pursued for an improper purpose. The arbitrator is empowered to grant any relief or impose any sanctions permitted under Federal Rule of Civil Procedure 11 or relevant federal or state law against all appropriate individuals, including legal counsel, in a manner akin to that of a court.
Any necessary arbitration hearing shall take place in Sheridan, Wyoming, or at a location that is mutually convenient for both parties, considering the proximity of the parties and pertinent witnesses, along with the travel capabilities of the parties and witnesses involved.
Any award resulting from an arbitration initiated under this provision shall be confined to monetary damages and shall not encompass any injunctions or directives to any party, except for the obligation to pay a specified monetary sum. Additionally, the arbitrator(s) shall lack the authority to grant punitive, consequential, or any other damages that are not directly correlated to the actual damages incurred by the prevailing party in any arbitration conducted under this section, unless mandated by statute. Should a party desire injunctive relief, it may pursue such relief through a court of competent jurisdiction located in Sheridan, Wyoming.
Opt-Out. If you prefer not to resolve disputes through binding arbitration, you may opt out of the terms outlined in this Section 30 within thirty (30) days from the date you first accept this Agreement. To do so, please send an electronic letter to Attn: Legal Department – Arbitration Opt-Out, HeyDoodle, hello(at)heydoodle.com. This letter must include your full legal name, your email address (if applicable, the one associated with your use of the Site), and a declaration indicating your desire to opt out of the provisions in this Section 30 (“Opt-Out Notice”). Upon receipt of your Opt-Out Notice, this Section 30 will be rendered null and void. The other provisions of this Agreement will remain unaffected by your Opt-Out Notice. Notwithstanding any contrary provisions, this Agreement does not restrict you or HeyDoodle from engaging in a mass settlement of claims, including participation in a class-action settlement.
If HeyDoodle implements any modifications to the arbitration provisions outlined in this Section 30 (excluding changes to the notice address), you have the option to reject such modifications. To do so, you must send a letter within 30 days from the date of the change to Attn: Legal Department – Arbitration Change Opt-Out, HeyDoodle, hello(at)heydoodle.com. This letter should include your full legal name, your email address (if applicable, the email address linked to your use of the Site), and a declaration indicating your desire to opt out of the changes to the provisions of this Section 30 (“Change Opt-Out Notice”). Upon receipt of your Change Opt-Out Notice, any alterations to this Section 30 will be rendered void for you; however, you will remain bound by the previous arbitration agreement to which you consented. For clarification, please be aware that this does not constitute a complete opt-out from arbitration.
The arbitration provisions outlined in Section 230 shall also be applicable to any claims you may assert against any current or future parent, subsidiary, or affiliated entity of HeyDoodle, provided that such claims stem from your access to or use of the Site, or from the content or technology provided on or through the Site.
By consenting to the arbitration of disputes as outlined in this document, you acknowledge that you are relinquishing your right to a jury trial and restricting your right to appeal. If you do not accept these arbitration terms, please refrain from using this site.
33. Procedures for Mass Arbitration Filings. If your claim is among twenty-five (25) or more similar claims that are intended to be filed against HeyDoodle by the same or coordinated legal representation, or if they are otherwise coordinated in accordance with the definition of Mass Filing as outlined in the NAM Rules, both you and we acknowledge and agree that the procedures for mass arbitration filings will be applicable, which may result in a delay in resolving your dispute. The parties concur that during this process, their legal representatives will engage in discussions to consider adjustments to these procedures to accommodate the specific requirements of the mass filing.
Stage One. Legal representatives for the claimants and those for HeyDoodle will each choose twenty-five (25) claims from their respective sides to be submitted and processed in individual arbitrations as part of the initial staged procedure (“Stage One”). In the absence of a mutual agreement between the parties, no more than five (5) cases from Stage One will be assigned to a single arbitrator. Should the total number of claims be fewer than fifty (50), all claims will be submitted for individual arbitration. Any claims that remain unselected will neither be filed nor considered filed in arbitration, and no arbitration fees will be incurred for those claims until they are chosen for individual arbitration proceedings within the staged framework. Upon the conclusion of this initial set of staged proceedings, the parties will participate in a comprehensive mediation session for all outstanding claims, facilitated by a retired federal or state court judge mutually agreed upon by the parties' counsel, with HeyDoodle covering the mediation costs.
Stage Two. Should the outstanding claims remain unresolved at this juncture, the legal representatives for the claimants and those for HeyDoodle will each choose twenty-five (25) claims from their respective sides to be submitted for individual arbitration as part of a subsequent staged process (“Stage Two”). This is contingent upon any procedural modifications that the parties may mutually agree upon in writing following mediation or through ongoing, good-faith negotiations. In the absence of a mutual agreement, no more than five (5) Stage Two cases shall be assigned to a single arbitrator. If the total number of claims is fewer than fifty (50), all claims will be submitted for individual arbitration. Any claims that remain unfiled will not be considered filed in arbitration, nor will any arbitration fees be incurred for those claims until they are selected for individual arbitration proceedings as part of the staged process. Upon the conclusion of this second set of staged proceedings, the parties will participate in a comprehensive mediation session for all remaining claims, facilitated by a retired federal or state court judge, who will be jointly appointed by the parties' legal counsel, with HeyDoodle covering the mediation costs.
(b) Upon the completion of the second global mediation session, in the event that the parties are unable to settle the outstanding claims, either.
• Option One. You or HeyDoodle may choose to forgo arbitration and instead have your claim adjudicated in a court of competent jurisdiction located in Sheridan, Wyoming, in accordance with the provisions of this Agreement. To exercise this Option One, you must submit a personally signed notice of your intention to opt out to HeyDoodle via email at info(at)heydoodle.com within thirty (30) days following the conclusion of the second global mediation session. Conversely, HeyDoodle may opt your claim out of arbitration by delivering a personally signed notice of its intention to opt out to your legal counsel via email, ensuring this is done as soon as possible and no later than thirty (30) days after your thirty (30) day opt-out period has lapsed. The legal representatives of both parties may mutually agree to modify these timelines.
• Option Two. In the event that neither you nor HeyDoodle chooses to have your claim addressed in accordance with Option One, you hereby consent to the resolution of your claim through a series of ongoing staged proceedings as outlined in this Option Two. Should the number of outstanding claims exceed two hundred (200) after the conclusion of HeyDoodle’s opt-out period, a total of two hundred (200) claims will be randomly selected (or chosen through a mutually agreed-upon process by the parties' counsel) to be submitted and processed in arbitrations as part of a staged approach. Unless the parties reach a different agreement, no more than ten (10) cases from any group of two hundred (200) will be assigned to a single arbitrator. If the number of outstanding claims is less than two hundred (200), all such claims will be submitted and handled in individual arbitrations. Any remaining claims will not be submitted or considered filed in arbitration, nor will any arbitration fees be incurred for those claims until they are selected for filing in individual arbitration proceedings as part of the staged process. Following the resolution of each set of two hundred (200) claims—whether through adjudication, settlement, withdrawal, or other means—this staged process will continue in accordance with the guidelines established in this Option Two.
(c) Any applicable limitations period, including statutes of limitations, as well as any filing fees or other deadlines, will be suspended in accordance with these procedures for mass arbitration filings from the moment the initial cases are chosen for a staged process until your claim is either selected to advance as part of that staged process, settled, withdrawn, resolved in another manner, or excluded from arbitration.
(d) Both you and HeyDoodle recognize the importance of maintaining the integrity and efficiency of arbitration, and you are committed to utilizing this process for the equitable resolution of authentic and earnest disputes that may arise between you. Furthermore, both parties acknowledge their obligation to act in good faith to adhere to the procedures outlined in this agreement. Additionally, the parties concur that the implementation of these procedures for mass arbitration filings has been thoughtfully structured to facilitate an efficient and just adjudication of claims.
(e) A court with appropriate jurisdiction located in Sheridan, Wyoming, shall possess the authority to implement these procedures concerning mass arbitration filings and, if deemed necessary, to prohibit the mass filing, prosecution, or management of arbitrations, as well as the imposition of arbitration fees. Should these mass arbitration filing procedures be applicable to your claim, and a court of competent jurisdiction in Sheridan, Wyoming, finds them unenforceable regarding your claim, the mandatory arbitration clauses outlined in this Agreement, including the mass arbitration filing procedures, are inseparable from one another. Consequently, your claim must be pursued in a court of competent jurisdiction in Sheridan, Wyoming, in accordance with the stipulations of this Agreement.
HEYDOODLE.COM ACCOUNT PROGRAM TERMS & CONDITIONS
The HeyDoodle.com Account program is managed by our organization. Unless otherwise specified in this document, these Account Program Terms and Conditions (“Account Program Terms”) do not modify the overarching Agreement or the terms and conditions of any other agreements you may have with us regarding different products and services. In the event of any discrepancies between these Account Program Terms and the overarching Agreement, the provisions of these Account Program Terms shall take precedence concerning the Account program.
34. Account. Certain sections of the Site necessitate registration or may request that you supply information to create an Account, which is required to engage in specific features or access particular content. Should you choose not to provide this information, you will be unable to establish an Account or gain access to certain content or participate in specific features of the Site.
35. Eligibility. To qualify for the creation of an Account, you must be a minimum of 18 years of age and a lawful resident of the United States of America. By registering and establishing an Account, you affirm that you satisfy these eligibility criteria.
36. Creating an Account. If you satisfy the eligibility criteria, you may establish an Account by selecting the account button located at the top right corner of the Site and completing the registration form. There is no requirement to purchase any products to create an Account. Everyone is permitted to maintain only one account. By creating an Account, you consent to provide and uphold true, accurate, current, and complete information about yourself as requested in the registration form. It is your obligation to ensure that your registration data remains current, complete, and accurate, and you bear responsibility for any consequences arising from your failure to do so. During the registration process, you will be required to input your name, a valid e-mail address, and to select a password.
37. Use of Account. You are accountable for safeguarding the confidentiality of your password and Account, as well as for all activities that take place under your password or Account. Your Account is intended solely for your personal use. You must not disclose your Account identification and/or password or allow others to access them in any manner. You agree to inform HeyDoodle immediately of any unauthorized use of your Account. Additionally, you agree not to email, post, or otherwise share any user ID, password, or other information that grants access to your Account. HeyDoodle shall not be held liable for any losses you may experience due to another individual using your password or Account, whether or not you are aware of it, and is not responsible for any delays in deactivating your Account after you have reported a security breach.
You agree that you shall not:
o access, use, reproduce, alter, download, sell, transfer, publish or otherwise make your Account available for any commercial purposes;
o engage in any action or behavior that could harm, obstruct, or otherwise impede the functioning of the Site or Account;
o misuse your Account or employ it for any illegal or unauthorized activities. This includes, but is not limited to, the transmission of computer viruses through your Account or utilizing your Account in a manner that is discriminatory, offensive, abusive, malicious, defamatory, or that violates or infringes upon the rights of others; and
o transfer, sell, or barter (or attempt to transfer, sell, or barter) any of your rewards or promotional offers that are exclusive to members.
38. Benefits and Rewards. Upon registering for an Account, you will gain access to various perks, rewards, exclusive offers, and additional advantages. As a holder of a HeyDoodle Account, you may qualify for the following supplementary benefits and rewards. Please note that the benefits and rewards associated with your Account are subject to change at any time; however, any modifications will be communicated to you in accordance with Section 38 below.
o Early Access to Product and Color Releases and Exclusive Perks and Events. HeyDoodle account holders may be granted early access to product launches, along with exclusive benefits and events. Certain exclusions may apply. Please refer to the details when available.
o Easy Check Out and Order Tracking. All account holders will benefit from an optimized checkout process, which includes a record of past orders, saved addresses, and purchase details to facilitate a smoother transaction experience.
39. Termination; Expiration; Changes to Your Account and the Account Program. Account holders have the ability to modify specific Account information at any time. To initiate this process, please log into your Account and select the “Edit” option for the relevant section you wish to change. Additionally, you may choose to close your Account at any time by reaching out to us at hello(at)heydoodle.com. We reserve the right to terminate your Account at any time if we find that you (a) do not meet the eligibility criteria outlined in the Eligibility Clause above, (b) have breached any of the Account Program Terms, the Agreement, or any relevant laws or regulations, or (c) have engaged in any form of deception, forgery, fraud, or any other misuse of the Account.
We may implement minor modifications to the Account, its features, the Account Program Terms, and/or the Agreement periodically. We encourage you to review these Account Program Terms regularly to ensure that you are aware of the current terms applicable to your Account.
40. Privacy Policy and Account Communications. The information you provide as an Account holder will be handled by us in accordance with our Privacy Policy. If you have not opted out of receiving marketing communications, we may, at our discretion and with the exception of text marketing messages (for which we will seek your explicit written consent beforehand), reach out to you regarding marketing through various channels, including mail, email, and others. This may include special promotions and offers exclusively for Account holders. Additionally, we may utilize these channels to inform you of your eligibility for benefits, communicate changes to the Account Program, and more. It is important to note that even if you choose to opt out of marketing or promotional communications, we will still send you transactional emails, such as notifications and other non-marketing correspondence related to your Account or our ongoing business relationship.
41. Notice of Financial incentive. In accordance with specific privacy regulations in certain US states, our HeyDoodle.com Account program may be classified as a financial incentive or a legitimate loyalty program. For further details, please refer to our Notice of Financial Incentive available in our Privacy Policy.
42. Dispute Resolution. The terms for dispute resolution outlined in sections 27-31 are applicable to these Account Program Terms.
HeyDoodle TEXT MESSAGING TERMS & CONDITIONS
By participating in, utilizing, or subscribing to the HeyDoodle Opt-In Text Messaging Service, you acknowledge that you have read and comprehended the following Text Messaging Terms & Conditions (“Text Messaging Terms”) and any other relevant terms associated with your use of HeyDoodle’s services. Your agreement to these terms is a prerequisite for your use of our Text Messaging Service. We reserve the right to alter or discontinue the Text Messaging Service or any of its features without prior notice. To the extent allowed by applicable law, we may also amend these Text Messaging Terms at any time, and your continued use of the Text Messaging Service after the effective date of any such modifications will signify your acceptance of those changes.
HeyDoodle may send you text messages (Short Message Service (“SMS”) or Multimedia Messaging Service (“MMS”)) that include promotional and marketing content, order tracking and delivery updates, back-in-stock notifications (“Notify Me”), or other related information (collectively referred to as our “Text Messaging Service,” with each instance being a separate “Program” as detailed below). By voluntarily opting into one or more Programs within HeyDoodle’s Text Messaging Service, you provide your explicit consent to receive text messages from HeyDoodle. This may include messages sent using automated systems, auto-dialers, or other technologies that employ automated methods for message delivery, to the mobile phone number you provided during the opt-in process. You have the option to cancel the text messaging service at any time by replying "STOP" to any text message received from HeyDoodle. Please note that carriers are not responsible for any delays or failures in message delivery.
Message and data charges may be incurred for any messages sent or received through this Text Messaging Service. The frequency of messages may differ. Providing consent is not a prerequisite for any purchase with HeyDoodle. You have the option to revoke your consent at any time.
43. Program Descriptions. HeyDoodle reserves the right to utilize an auto-dialer and/or associated systems to send text messages to the mobile phone number(s) you provide. These text messages may consist of one-time or recurring communications pertaining to, but not limited to, the following Programs:
o Marketing and Promotional Programs: By enrolling in a HeyDoodle Marketing and Promotional Program, you can anticipate receiving ongoing communications related to marketing, promotions, advertising, and information. These messages may include updates about products, sales, discounts, reminders for abandoned carts, events, and various other offers, delivered at different intervals to the contact number you provided during the enrollment process.
o Order Tracking and Delivery Alerts: You have the option to submit your mobile phone number for consent to receive text notifications regarding your orders, shipments, deliveries, and related updates.
o Back in Stock (Notify Me) Alerts: You have the option to submit your mobile phone number to receive text notifications regarding your orders, shipments, deliveries, and related updates.
44. How to Opt In. To enroll in a text messaging Program, please adhere to the instructions outlined by the specific Program you intend to join. This may include completing online enrollment forms that feature opt-in checkboxes, responding to pop-up prompts during website visits, or sending a keyword to the designated five-digit short code linked to the Program (referred to as the “Short Code”). Additionally, you must follow the sign-up instructions provided in the confirmation text message you receive. Upon your enrollment request, you will receive one (1) text message confirming your participation in the Program. Please note that individuals under the age of 18 are not eligible to enroll.
45. How to Opt Out. If you choose to discontinue your participation in any Program or no longer consent to these Text Messaging Terms, you may opt out at any time by replying to any received message with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. Following your request, you may receive an additional mobile message confirming your opt-out decision. Subsequently, you will cease to receive text messages from us regarding the Program from which you have opted out. It is important to note that the text message Program may not recognize or respond to unsubscribe requests that include terms or phrases other than those specified above, and you acknowledge that HeyDoodle will not be held liable for any failure to process such requests. If you are subscribed to multiple Programs, you must send a separate STOP reply to each message for every Program you wish to unsubscribe from. Should you wish to rejoin, simply sign up again as you did initially, and we will resume sending text messages to you.
46. Message Frequency. Message frequency may differ. For further information, please refer to the specific Programs. To the extent allowed by applicable law, HeyDoodle retains the right to modify the frequency of messages dispatched at any time. Additionally, HeyDoodle reserves the right to change the Short Code or phone number used for sending messages, and we will inform you of such changes.
47. Costs. Message and data charges may be incurred. It is advisable to consult your mobile carrier for information regarding your pricing plan and the fees associated with sending and receiving text messages. You bear full responsibility for any expenses related to the receipt of text messages. Should you have inquiries regarding your text or data plan, please reach out to your wireless provider.
48. Data Obtained. The information you provide in relation to this Text Messaging Service may encompass your mobile phone number, the name of your carrier, as well as the date, time, content of your messages, and any additional details you share with HeyDoodle as part of this service or program. HeyDoodle may utilize this information to reach out to you and deliver the services you have requested. Furthermore, this information may be employed as outlined in the program in which you have enrolled. We assure you that we will not share text messaging opt-in data and consent with any third parties for their marketing endeavors. For a comprehensive overview of our information practices, please refer to HeyDoodle’s Privacy Policy.
49. MMS Disclosure. A program will dispatch SMS messages in the event that your mobile device is incompatible with MMS messaging.
50. Supported Carriers. Not every mobile device or handset may be compatible, and our messages might not be deliverable in all locations. HeyDoodle and the mobile carriers participating in the Program shall not be held responsible for any delays or failures in message delivery.
We can successfully transmit messages to the following prominent mobile carriers: AT&T, Verizon Wireless, Sprint, and T-Mobile USA.
51. Contact. These messaging programs are a service of HeyDoodle LLC at 1309 Coffeen Avenue STE 1200, Sheridan, WY 19801.
You may contact HeyDoodle here.
52. Dispute Resolution. The dispute resolution terms above (sections 27-31) apply to these Text Messaging Terms.
