Terms & Conditions

These terms and conditions (these “Terms”) govern your use of the mobile application owned and operated by SkipTheQueue, including SkipTheQueue Website, where these Terms appear or are linked. These Terms are subject to change by SkipTheQueue, in its sole discretion, at any time, without prior written notice. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced via App/Website. Review Terms prior to using the App/Website.

Additional terms and conditions may apply to some products or services offered by SkipTheQueue, to the use of the App/Website and to specific portions or features on the App/Website, including, but not limited to, promotional offers, contests, or other similar features (“Additional Terms”) all of which terms are made a part of these Terms by this reference. The Additional Terms will control any inconsistency between the Additional Terms and these Terms.

Carefully review our Privacy Policy before using the App/Website, as they also govern your use of the App/Website and our services. Carefully read the Terms before using the App/Website. If at any time you do not agree with any of these Terms, you must immediately stop using the App/Website.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “GOVERNING LAW AND JURISDICTION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND SKIPTHEQUEUE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

INDEX:

  1. About Us
  2. Use of the App/Website
  3. Posting Content on the App/Website
    1. Posting Content on the App/Website
    2. Right to Use Content
    3. Right to Monitor Content
    4. Restrictions on Content
    5. Prohibited Content
  4. Registering for an Account
  5. Placing an Order
    1. Orders
    2. Payment
    3. Taxes
    4. Tax Exception
    5. Customs, Duties & Taxes
    6. Order Processing
      1. Order Status
      2. Order Processing
    7. Canceling Orders
    8. Returns
  6. Products
    1. Products
    2. Product Testing
    3. Technical Support
    4. Product-Specific Policies
      1. Buyers of Optional Service Plans, Warranties, & Protection Plans
  7. Programs
    1. SkipTheQue Points and Rewards Program
    2. Reseller/Discount Program
  8. Promotions
    1. Promotion Policy
    2. Promotional Codes
    3. Rebates
    4. Gifts
    5. Combo Specials
  9. Content on the App/Website
    1. Intellectual Property
    2. Pricing & Availability
    3. Product Listing
    4. Product Revisions
    5. Links
  10. Reporting Claims of Infringement of Intellectual Property Rights
    1. Notice of Copyright Infringement
    2. Counter-Notification Procedures
    3. Notice of Trademark Infringement
    4. Notice of Infringement of Other Intellectual Property Rights
    5. Repeat Infringers
  11. Incorporated Policies
    1. U.S. Payment Methods
    2. Payment Restrictions
    3. Return Policy
    4. Gift Card Terms & Conditions
    5. Promotions Policy
      1. Promo Codes
      2. Rebates
      3. Gifts
      4. Combo Specials
      5. Bundle Specials
  12. General Terms
    1. Unauthorized Charges
    2. Recordings
    3. Your Indemnification
    4. Warranties: All Products Sold “As-Is” or “With All Faults”
    5. Liability & Exclusion
    6. Governing Law Jurisdiction
    7. Wavier
    8. Severability
    9. Third Party Rights
    10. Entire Agreement
    11. Children
  1. About Us
    1. SkipTheQueue is registered at the address: 8 The Green, Suite A, City of Dover, Delaware 19901.
    2. You can contact us by mail at the above address or by email at legal@skiptq.com
  2. Use of the App/Website
    1. When you use the App/Website or our services, you agree to use the App/Website and our services only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. In addition, you agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which SkipTheQueue may suffer) of any such breach. As a condition of your use of the App/Website and our services, you warrant to SkipTheQueue that you will not use the App/Website or our services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third-party, you agree not to:
      1. Access or attempt to access the App/Website other than through the interface that is provided by SkipTheQueue, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of SkipTheQueue.
      2. Access or attempt to access the App/Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers.
      3. Engage in any activity that disrupts or otherwise interferes with the App/Website (or the servers and networks which are connected to the App/Website), or our services.
      4. “Scrape”, duplicate, reproduce, copy, republish, license, sell, trade, or resell the App/Website for any purpose.
      5. Divert or attempt to divert SkipTheQueue customers to another App/Website, mobile application, or service.
      6. Send unsolicited or unauthorized emails on behalf of SkipTheQueue, including promotions and/or advertising of products or services.
      7. Restrict or inhibit any other person from using the App/Website or our services.
      8. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the App/Website.
      9. Attempt to do anything, or encourage, assist, or allow any third-party to do anything in violation of these Terms.
      10. Use a false email address, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the App/Website or our services.
    2. SkipTheQueue reserves the right to refuse service, in its sole discretion, at any time, for any lawful reason, without notice. SkipTheQueue reserves the right to withdraw or amend the App/Website, and any service or material we provide on the App/Website, in its sole discretion, at any time, for any reason, without notice.
    3. SKIPTHEQUEUE WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE APP/WEBSITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. FROM TIME TO TIME, WE MAY RESTRICT ACCESS TO SOME PARTS OF THE APP/WEBSITE, OR THE APP/WEBSITE ENTIRELY, TO USERS, INCLUDING REGISTERED USERS.
  3. Content on the App/Website
    1. Content on the App/Website
      1. You may post content on the App/Website, including, but not limited to, testimonial, feedback, reviews, and blogs. If you post content on the App/Website, you agree to comply with our Privacy Policy, and these Terms. You acknowledge and agree that you are solely responsible for all content and the accuracy of all content you make available in connection with the App/Website. You represent and warrant that:
        1. You and not someone else composed and posted the content on the App/Website.
        2. You own or otherwise control all the rights to the content that you post on the App/Website.
        3. You have the authority to grant the rights in such content.
        4. Such content, and the use of such content, will not violate these Terms.
    2. Right to Use Content
      1. Unless we indicate otherwise, you grant SkipTheQueue an irrevocable, perpetual, sublicensable, transferable, non-exclusive, and royalty-free worldwide right and license to use, copy, modify, adapt, publish, transmit, perform, and create derivative works, incorporate, and imbed into other works, and distribute, and display such content throughout the world in any medium or form now existing or later created. You also agree to the following:
        1. We may use the content for any purpose.
        2. We may use the comment with or without any pseudo (pen) name credit.
        3. The reprint or use of the content will be at our discretion and without compensation.
        4. We may use the content locally, nationally, or globally and such use may be made in any media, information, or communication platform (including Internet advertising) currently in use or later developed.
    3. Right to Monitor Content
      1. SkipTheQueue has the right, but not the obligation, in its sole discretion, at any time, for any reason, to monitor, analyze, edit, move, remove, or refuse to make available any content made available through the App/Website. SkipTheQueue takes no responsibility and assumes no liability for any content you post, upload, or otherwise make available through your use of the App/Website. You are solely responsible for any content you post, upload, or otherwise make available through your use of the App/Website.
    4. Restrictions on Content
      1. SkipTheQueue may, in its sole discretion, at any time, remove or deny content for any reason, including, but not limited to, when the content contains any of the following:
        1. Hyperlinks/URLs.
        2. References to other stores/resellers.
        3. Comments on products that were either physically damaged or misused.
        4. Comparisons to competing brands/products of competing brands.
        5. References to aftermarket procedures or installation techniques not mentioned specifically in the original product documentation, such as overclocking, hacked drivers, tweaking/modeling, etc.
        6. Replies to existing customer reviews; please do not attempt to initiate discussions here.
    5. Prohibited Content
      1. You are prohibited from posting content on the App/Website that is:
        1. Offensive or abusive.
        2. Obscene, pornographic, or otherwise objectionable.
        3. Illegal.
        4. False, fraudulent, inaccurate, or misleading.
        5. Derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any person or entity.
        6. Violent or threatening or promotes violence or actions that are threatening.
        7. Infringing the rights of others, including, but not limited to patent, copyright, trademark, trade secret, trade dress, right of privacy, or any other proprietary right.
        8. Intending to cause harm, damage, or otherwise interferes with the App/Website and our services.
        9. Violating any of our policies.
        10. Violating any local, state, federal, or international laws.
        11. Injurious to third parties.
        12. Contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.
  4. Registering for an account
    1. To register for a SkipTheQueue account, you must provide us with your personal information, including your full name, email address, phone number and password. It is a condition of your use of the App/Website that all the information you provide on the App/Website is accurate, current, and complete.
    2. Your username and password are for your personal use only. To ensure that your username and password remain confidential, DO NOT share this information with anyone. You are responsible for maintaining the confidentiality of your account information and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary. In the event your password is lost or stolen it is your responsibility to notify SkipTheQueue at the address listed in the “Contact Us” section.
    3. SkipTheQueue may, in its sole discretion, at any time, for any reason, deactivate, block, or freeze your account.
  5. Placing an Order
    1. Orders
      1. Your order is an offer to SkipTheQueue to buy the product(s) and services listed in your order along with a sales order number. When you place an order to purchase a product and/or service from SkipTheQueue, we will send you either an email confirming receipt or SkipTheQueue will generate a QR code of your order containing the details of your order (the “Order Confirmation”). Your receipt of the Order Confirmation only confirms that we have received your order; it does not constitute SkipTheQueue’s acceptance of your order or SkipTheQueue’s confirmation of our offer to sell. An order is not binding upon SkipTheQueue until it is accepted; SkipTheQueue must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Once payment is received and an order is accepted, SkipTheQueue will issue an invoice to you and a contract will come into existence between you and us. SkipTheQueue may, in its sole discretion, at any time after receiving your order, accept or decline your order for any reason. In addition, SkipTheQueue may, in its sole discretion, cancel your order and limit the order quantity. Where your order is declined, cancelled or limited, we will inform you of this by appropriate means and you will not be charged. If however, your order is limited or canceled after your credit card has been charged for the purchase, SkipTheQueue will issue a credit to your credit card account in the amount of the charge.
      2. We may process payment for and parts of your order separately.
      3. You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the “your account” area of the App/Website.
    2. Payment
      1. To place an order with SkipTheQueue, you must provide us with your full name, billing address, telephone number, and payment information, such as your credit card number, billing address, credit card expiration date, and credit card security code. You represent and warrant to SkipTheQueue that the credit card information or other payment method information you provide to SkipTheQueue is accurate and complete; and you are authorized to use such credit card or payment method for the purchase.
      2. Terms of payment are within our sole discretion, and we must receive payment before our acceptance of an order. Payment methods may vary by location. Depending on your location, we may accept any of the following payment methods:
        1. Visa
        2. MasterCard
        3. American Express
        4. Discover
        5. PayPal
        6. Android Pay
        7. Apple Pay
    3. Taxes
      1. SkipTheQueue, Inc. collects sales tax on taxable products sold in every country that has a sales tax. Sales tax laws regularly change, and we will use commercially reasonable efforts to keep our information current. If you believe your order is not taxable, please submit an exemption certificate after your purchase at legal@skiptq.com.
    4. Tax Exemption
      1. SkipTheQueue does not provide or offer any tax-exempt support or issue any legal documents to tax exempt organizations.
    5. Customs, Duties & Taxes
      1. When ordering products from SkipTheQueue in a foreign country, you may be subject to import duties and taxes, which are levied once the merchandise reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Contact your local customs office for further information.
      2. Additionally, please note that when ordering from SkipTheQueue, you are considered the importer of record and must comply with all laws and regulations of the country in which you are bringing/receiving the products. Your privacy is important to us and we would like our customers to be aware that cross-border purchases are subject to opening and inspection by customs authorities.
    6. Order processing
      5.6.1. Order Status
      1. SkipTheQueue will keep you informed of your order status via email/App. You are also required to monitor your order status and other live updates by logging in to your account on the App.
      5.6.2. Order Processing
      1. Once you have placed your order, you can expect your order to be processed immediately, provided the items are in stock and there are no problems with payment verification. 
    7. Canceling Orders
      1. You may cancel your order for a product according to the cancellation and refund policy of the product. Nothing in this section limits your rights to cancel your order under any law.
    8. Returns
      1. To learn about returns, please review our Return Policy. The Return Policy is incorporated into these Terms in its entirety. Nothing in the Return Policy limits your rights and remedies under any law.
  6. Products
    1. Products
      1. Unless expressly indicated otherwise, SkipTheQueue is not the manufacturer of the products sold on the App/Website. Actual product packaging and materials may contain more and different information to that displayed on the App/Website. Ingredients may also change. All information about the products on the App/Website is provided for information purposes only, and SkipTheQueue makes no warranties or representations as to the App/Website’s accuracy. We recommend that you do not rely solely on the information presented on the App/Website. Please always read labels, warnings and directions provided with the product before use.
      2. For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on the App/Website is not intended to substitute for advice given by a medical practitioner, pharmacist, or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure, or prevent any disease or health condition.
      3. To the fullest extent permitted by law, SkipTheQueue accepts no liability and responsibility for misstatements about products by manufacturers or other third parties.
      4. Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.
    2. Product Testing
      1. SkipTheQueue, like other e-retailers, sells items on the condition they are available from the original manufacturer/distributor. SkipTheQueue does not conduct product testing before selling any merchandise.
    3. Technical Support
      1. SkipTheQueue does not offer any sort of technical assistance. We cannot offer advice on compatibility of items, make product recommendations, or provide technical support or sales advice. We post all the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at SkipTheQueue.
    4. Product-Specific Policies
      6.4.1. Buyers of Optional Service Plans, Warranties, & Protection Plans
      1. If you purchase certain products through the App/Website, you may be able to purchase an optional service plan, warranty, or protection plan (the “Plans”) for the product. The Plans are provided by third-party service providers and may have their own set of terms and conditions. If applicable, the details of the Plans will be available to you at the point of purchase. You should carefully review the applicable terms and conditions for the Plans before you purchase any of the Plans.
      2. You authorize SkipTheQueue to initiate a charge to the credit card or other payment method that was used to purchase the equipment in the amount of $250.00, the equipment discount, if it is due.
  7. Programs
    1. SkipTheQueue Points and Rewards Program
      1. SkipTheQueue Points and Rewards Program Terms and Conditions is incorporated into these Terms in its entirety.
      2. SKIPTHEQUEUE POINTS & REWARDS PROGRAM TERMS AND CONDITIONS: SkipTheQueue’s Points and Rewards Program (“SkipCoins Program”) was coined for you, our customers, to reward you for what you already do on our app: (1) shop for great deals, (2) actively participate in some of our promotional events (“SkipCoins Promotional Rewards Events”), and/or (3) provide feedback as a loyal customer. If you decide to participate in this program, you will be subject to the following terms and conditions:
        1. Eligibility
          1. You are eligible to participate in the SkipCoins Program so long as you have a registered account on SkipTheQueue App.
          2. Non-registered customers or "guest checkouts" are not eligible to participate.
        2. Earning SkipCoins
          1. SkipCoins are earned through your purchases of eligible items specifically identified on our app, your participation in SkipCoins Promotional Rewards Events, and/or offered to you as courtesy from time to time.
          2. *If you make a purchase of certain eligible items, your SkipCoins are earned and will be available for use thirty days (30) after the invoice date. When you earn your SkipCoins through purchases, you earn one (1) point for each pre-tax dollar that you spend on an eligible item after promo code and/or other discount.
          3. SkipCoins may not be earned on purchase amounts paid with previously earned SkipCoins.
        3. SkipCoins Redemption
          1. Once your SkipCoins are available to use, you have one (1) year to redeem them before they expire.
          2. When using or redeeming your SkipCoins, one hundred (100) points are equivalent to one dollar ($1.00). SkipCoins are applied after tax in the same way as when using a gift card.
          3. SkipCoins can be redeemed to purchase/book any services offered by SkipTheQueue. When redeeming SkipCoins, calculation will be made in the following order of priority: (1) first, any promo code and/or combo discount is deducted from the sale price;(2) SkipCoins are then deducted; and (3) the remaining amount is charged to the credit/debit card/the respective form of payment.
          4. At this time, there is no restriction on the maximum SkipCoins that can be redeemed per day. SkipCoins are promotional, have no cash value and cannot be redeemed for cash.
        4. SkipCoins Expiration
          1. SkipCoins will expire one (1) year after the date they were first made available to use. If you do not redeem all your points within this time frame, you forfeit all such points.
          2. However, if you purchase any eligible item and/or participate in a Reward Event, then the expiration date for all your unused SkipCoins will be extended for another one (1) year.
        5. Payment Methods
          1. We allow the use of credit cards, debit cards, Google Wallet, Apple Pay etc. However, we reserve the right to determine the kind of payment methods that qualify to earn SkipCoins.
        6. Refunds & Returns
          1. Returns & refunds will be calculated in the following order of priority: (1) SkipCoins are first credited to the account; and (2) the remaining amount is credited to the credit/debit card. If you return an item that you purchased with SkipCoins, those SkipCoins will be posted back on your account, and the expiration date of all unused SkipCoins will be extended for another one (1) year. If you return any eligible item, your earned SkipCoins from the eligible item will be removed from your account.
        7. Program Changes
          1. SkipTheQueue reserves the right, in its sole and absolute discretion, to cancel, change, suspend or modify any aspect of the SkipCoins Program Terms & Conditions without notification.
          2. Participation in the SkipCoins Program is considered acceptance of these SkipCoins Program Terms & Conditions and any modified terms included therein, as well as SkipTheQueue’s Policies with regards to purchasing and using SkipTheQueue’s products and services.
        8. Program Termination
          1. The SkipCoins Program has no pre-determined termination date and may continue until such time as SkipTheQueue, at its sole discretion, decides to terminate all or any portion of the SkipCoins Program with or without notice.
        9. Release
          1. By participating in the SkipCoins Program, you release SkipTheQueue, its parent company, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damage, personal injury and/or death, arising out of or in any way connected to the SkipCoins Program.
    2. Reseller/Discount Program
      1. Unfortunately, we do not currently have a reseller or discount program available at this time. SkipTheQueue currently negotiates the best possible price for you and offers these great discounts to all our customers through the app. Anytime we receive any specials or promotions, we will post them on the App for you to take advantage.
  8. Promotions
    1. Promotions Policy
      1. Promotional offerings, Deals, Promo Codes, Rebates, Gifts, Combo Specials, Bundle Specials, Discounts, etc. (collectively, “Promotions”) are subject to change without notice. In addition, SkipTheQueue reserves the right to modify or cancel Promotions, Deals, Promo Codes, Rebates, Gifts, Combo Specials, Bundle Specials, Discounts, etc. at any time, for any reason, and without notice, but will honor orders already placed.
    2. Promotional Codes
      1. SkipTheQueue will sometimes furnish an alphanumeric code that can be used for promotions on the App. These promotional codes may be found in print and/or online advertisements, sent via email to our Newsletter and/or Promotion subscribers, presented on the Site/App or circulated at events and through other means. Some of the specials offered by entering a Promo Code during checkout include free shipping, volume discounts, free gifts or complimentary Rush Order processing.
      2. The provisions for a Promo Code will be included with the code itself; if an expiration date or other condition is stipulated, just reference where you acquired the code for the exact requirements.
      3. Please note that Promo Codes are not redeemable for cash and you must spend more than the discount price in order for a promotion to be applied. For example, if a Promo Code offered $10.00 off your next purchase, you would need to spend more than $10.00 to redeem your discount.
      4. SkipTheQueue reserves the right to modify or cancel the offer at any time. Offer good while supplies last. If you violate any of these terms and conditions, the offer will be invalid. Other restrictions may apply.
    3. Rebates
      1. Unfortunately, we do not currently have any rebate program available.
    4. Gifts
      1. SkipTheQueue may offer complimentary customer appreciation gifts with the purchase of selected merchandise.
      2. On the product page of qualified merchandise, choose your preferred Customer Appreciation Gift via radio button and click the item’s Add to Cart button. Both the product and the gift item will be added to your cart, and the advertised discount will be applied on the Order Confirmation screen. In the event you forget to add a gift to your cart, an intermediary page will be promoted to provide you with a second chance.
      3. Gift offers valid only while supplies last.
    5. Combo Specials
      1. Combo Specials are offered by SkipTheQueue as a way of purchasing two items together at a discounted price.
      2. To take advantage of a listed Combo Special, select the desired Combo Special from the individual item listing and click Add to Cart. Both items will be added to your shopping cart, and the advertised discount will be applied on the Order Confirmation screen. In the event you forget to add a Combo Special to your cart, an intermediary page will be promoted to provide you with a second chance.
      3. Only one of each Combo Special can be purchased per order. Offers valid only while supplies of both items last.
  9. Content on the App/Website
    1. Property
      1. All content included on the Site/App, such as text, graphics, logos, images, videos, digital downloads, data, software, any other material, and the design selection and arrangement thereof is owned or licensed property of SkipTheQueue, its suppliers, licensors, or other providers of such material and is protected United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. SkipTheQueue and its suppliers and licensors expressly reserve all intellectual property rights in all content.
      2. These Terms permit you to use the Site/App for your personal, non-commercial use only.
      3. The SkipTheQueue name, logos, service names, designs, and slogans are trademarks of SkipTheQueue. You must not use such marks without the prior written permission of SkipTheQueue. All other names, logos, product and service names, designs and slogans that appear on the Site/App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SkipTheQueue.
    2. Pricing & Availability
      1. All prices are displayed in the currency of the jurisdiction of the country you have selected when accessing the App.
      2. All pricing is subject to change without notice, and SkipTheQueue reserves the right to adjust due to changing market conditions, product discontinuation, manufacturer price changes and other extenuating circumstances.
      3. SkipTheQueue may limit the number of products available for purchase. SkipTheQueue may, in its sole discretion, at any time, for any reason, change the quantities available for purchase.
      4. We list availability information for products sold by us on the App, including on each product information page. Beyond what we say on that page or otherwise on the App, we cannot be more specific about availability.
      5. As we process your order, we will inform you either by email or by text as soon as possible if any products you order turns out to be unavailable.
      6. SkipTheQueue shall at its sole discretion, at any time, have the right to refuse or cancel any order for a product that is unavailable. If such order is canceled after your credit card has been charged for the purchase, SkipTheQueue will issue a credit to your credit card account in the amount of the charge.
    3. Product Listings
      1. Prices and availability of products are subject to change without notice. Any changes to SkipTheQueue-controlled prices, specifications and terms will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. SkipTheQueue strives for accuracy in all item descriptions, photographs, images, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on the App. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other product-related information listed is accurate, complete or current, nor do we assume responsibility for these errors.
      2. SkipTheQueue reserves the right at any time and without notice to update product information and to correct and/or remove product-related errors, inaccuracies, or omissions. To the fullest extent permitted by law, SkipTheQueue shall at its sole discretion have the right at any time to refuse and/or cancel any order for a product whose listing on the App contained erroneous information, including but not limited to incorrect pricing. If such an order is canceled after your credit card has been charged for the purchase, SkipTheQueue will issue a credit to your credit card account in the amount of the charge.
      3. Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.
    4. Product Revisions
      1. SkipTheQueue is not responsible for changes or variations in product specifications and/or physical appearance.
      2. In the interest of our customers, SkipTheQueue puts forth commercially reasonable efforts to ensure that all product information is up-to-date and factual. Unfortunately, there are varying determinants which, although infrequent, could cause the information on the App to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by suppliers. SkipTheQueue relies on the suppliers to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the supplier fails to do so. Consequently, SkipTheQueue will not be held responsible for product revision changes.
    5. Links
      1. All links to other websites from SkipTheQueue are provided as resources to customers looking for additional information and/or professional opinion. To the fullest extent permitted by law, SkipTheQueue does not assume responsibility for the claims and/or representations made on these or any other websites. If you access any of the third-party websites linked to the App, you do so entirely at your own risk and subject to the policies and terms and conditions for such websites.
  10. Reporting Claims of Infringement of Intellectual Property Rights
    1. Notices of Copyright Infringement
      1. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from SkipTheQueue infringe your copyright, you may request removal of those materials (or access to them) from SkipTheQueue by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
        1. A physical or electronic signature of the copyright owner or a person who is authorized to act on behalf of the copyright owner.
        2. Identification of the copyrighted work you believe to have been infringed.
        3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
        4. Your name, mailing address, telephone number, and email address.
        5. A statement by you that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
        6. A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
      2. If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
      3. Please be aware that if you knowingly materially misrepresent that material or activity on SkipTheQueue is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
      4. Our designated Copyright Agent to receive DMCA Notices is: Copyright Agent
        SkipTheQueue Legal Department
        8 The Green, Suite A
        Dover, DE 19901
        Email: legal@skiptq.com
    2. Counter-Notification Procedures
      1. If you believe that material you posted on the Site/App was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
        1. Your physical or electronic signature.
        2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
        3. Your name, mailing address, telephone number, and email address.
        4. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
        5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which SkipTheQueue may be found) and that you will accept service from the person (or an agent of that person) who provided SkipTheQueue with the complaint at issue.
      2. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
      3. Please be aware that if you knowingly materially misrepresent that material or activity on the Site/App was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
      4. Completed Counter-Notices should be sent to:
        Copyright Agent
        SkipTheQueue Legal Department
        8 The Green, Suite A
        Dover, DE 19901
        Email: legal@skiptq.com
    3. Notices of Trademark Infringement
      1. In order to remove trademarks, service marks, and/or trade dress infringing content, please send a notice of trademark infringement containing the following information to SkipTheQueue:
        1. A physical or electronic signature of the trademark owner or a person who is authorized to act on behalf of the trademark owner.
        2. Identification of the trademark, service mark, and/or trade dress you believe to have been infringed.
        3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
        4. Your name, mailing address, telephone number, and email address.
        5. A statement by you that you have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law.
        6. A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.
      2. Notices of trademark infringement should be sent to: SkipTheQueue Legal Department
        8 The Green, Suite A
        Dover, DE 19901
        Email: legal@skiptq.com 
    4. Notices of Infringement of Other Intellectual Property Rights
      1. In order to remove infringing content, please send a notice of infringement containing the following information to SkipTheQueue:
        1. A physical or electronic signature of the owner of the other intellectual property right or a person who is authorized to act on behalf of the owner of the intellectual property right.
        2. Identification of the other intellectual property right you believe to have been infringed.
        3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
        4. Your name, mailing address, telephone number, and email address.
        5. A statement by you that you have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law.
        6. A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.
      2. Notices of infringement of other intellectual property rights should be sent to: SkipTheQueue Legal Department
        8 The Green, Suite A
        Dover, DE 19901
        Email: legal@skiptq.com 
    5. Repeat Infringers
      1. SkipTheQueue takes the protection of intellectual property rights very seriously. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
  11. Incorporated Policies
    The following policies and terms and conditions have been incorporated into these Terms:
    1. Payment Methods
      1. This policy only applies to purchases within the United States. For purchases of products or services that are listed on the SkipTheQueue App, SkipTheQueue may accept any of the following payment methods:
        1. American Express
        2. Discover
        3. JCB
        4. MasterCard
        5. Visa
      2. Payment Restrictions
        1. Some payment options are not available for certain types of purchases. To determine what, if any, restrictions apply to a particular payment option, at the checkout step SkipTheQueue will show the available payment options only.
      3. Return Policy
        1. Terms and Conditions for SkipTheQueue Gift Cards, and SkipTheQueue Promotional Gift Cards.
        2. SKIPTHEQUEUE RETURN POLICY (Please refer to Return and Exchange Policy):
          1. We have a standard 30-day Return and Exchange policy under which the product can be exchanged on your next international Trip from the same shop you purchased the product.
          2. The return/ exchange is only applicable if the product has a manufacturing defect or received a damaged product from the manufacturer. On the basis of internal approval, the decision would be taken. (if the passenger claim is genuine)
          3. If the product has been purchased from our shops at departures, then the exchange will take place at the Departures shop and if the product has been purchased from our Arrivals shops, then the exchange will take place at our arrival shops.
          4. Please note the Product should be in the original packing, unopened & unused with the Bill copy for exchange. If it is found to be opened & used, we cannot take it as a return.
          5. Once confirmed by the concerned team that the product is unused, You can exchange a product of a similar value. If the price is more, then you can pay the balance amount and purchase the product.
          6. This is only for a one-time exchange/return that we have facilitated owing to customer experience.
        3. For any other concerns related to the return/exchange, please write to us at: customerservice@skiptq.com within 5 days of your purchase. Post 5 days we would not be able to facilitate return or exchange requests.
        4. Please note that the SkipTheQueue Returns Promise does not apply to the following items, and therefore, no refunds, exchanges or otherwise will be available under the SkipTheQueue Returns Promise for:
          1. Items that are not returned in the same condition as sold.
          2. Earrings (unless faulty)
          3. Defective lithium batteries and defective items containing lithium batteries.
          4. Liquid products, e.g. fragrance, cosmetic products, liquor etc.
          5. Headphones and in-ear headphones (unless faulty)
          6. Swimwear and underwear (unless faulty)
          7. Perishable food and beverage items
          8. Bespoke or specially ordered items, personalized items, or items altered or adjusted after the sale (including watch straps)
          9. Any purchase of any mobile telephone and/or accessories.
          10. Airtime (time tracked by your service provider to determine your billing costs, including without limitation making/receiving calls, SMS email and faxing) whether in connection with mobile phone purchases and/or upgrades or otherwise.
          11. Cover plans, extended warranties or insurance policies taken out to cover product breakdown, loss, damage, wear and tear and repair.
          12. Items sold by a retailer which has become insolvent since the sale.
          13. Any item and/or service which was not purchased from a retailer at a respective airport.
        5. All documentation relating to a claim will be destroyed 12 months from the receipt of your return.
        6. Any disputes will be resolved under the exclusive jurisdiction of the Delaware Courts.
      4. Gift Card Terms & Conditions
        1. SkipTheQueue offers two different types of gift cards: “SkipTheQueue Gift Card and Promotional Gift Cards.” Please see below for the terms and conditions that apply to the gift card.
        2. Terms and Conditions for Gift Card
          1. A “Gift Card” is a gift card, whether in the form of a virtual e-card purchased from SkipTheQueue LLC. (“SkipTheQueue”) in a dollar denomination ranging from US $10.00 to US $2,500.00.
          2. The following forms of payment are accepted for Gift Cards: Visa, MasterCard, American Express and Discover.
          3. A Gift Card can be redeemed only through SkipTheQueue App and may only be used toward the purchase of merchandise or services offered for sale in the country for which the Gift Card is issued. To redeem a Gift Card, you must enter your gift card ID and security code in the “Redeem SkipTheQueue gift card” area on the billing info page.
          4. If you use your Gift Card to make a purchase on App and your purchase does not exhaust the credit balance on your Gift Card, then you may use the remaining balance for future purchases, subject to the restrictions set forth herein.
          5. If you use your Gift Card to make a purchase on APP which exceeds the credit balance on your Gift Card, you will have to use another payment method to pay for the remainder of your purchase.
          6. Gift cards cannot be returned for a cash refund (except to the extent required by law).
          7. Gift cards are valid for a year from the date of purchase.
          8. A Gift Card cannot be used toward the purchase of a new Gift Card.
          9. Additional credit cannot be added to a Credit Gift Card after it has been issued by SkipTheQueue.
          10. Lost or stolen Gift Cards can not be replaced. No Gift Card is redeemable for cash. A Gift Card is not a credit card or debit card.
          11. Except to the extent of any express conflict with these Terms & Conditions for Gift Card, SkipTheQueue’s standard Policy and Agreement applies to Gift Card. All provisions of these Terms & Conditions are enforced except where prohibited by law.
      5. Promotions Policy
        1. Promotional offerings, Deals, Promo Codes, Rebates, Gifts, Combo Specials, Bundle Specials, Discounts, and etc. (collectively, “Promotions”) are subject to change without notice. In addition, SkipTheQueue reserves the right to modify or cancel Promotions, Deals, Promo Codes, Rebates, Gifts, Combo Specials, Bundle Specials, Discounts, etc. at any time, for any reason, and without notice, but will honor orders already placed.
        2. Please see below for information concerning each of the Promotions.
      6. Promo Codes
        1. SkipTheQueue will sometimes furnish an alphanumeric code that can be used for promotions on the App. These promotional codes may be found in print and/or online advertisements, sent via email to our Newsletter and/or Promotion subscribers, presented on the App or circulated at events and through other means. Some of the specials offered by entering a Promo Code during checkout include free shipping, volume discounts or free gifts. The provisions for a Promo Code will be included with the code itself; if an expiration date or other condition is stipulated, just reference where you acquired the code for the exact requirements.
        2. Please note that Promo Codes are not redeemable for cash and you must spend more than the discount price in order for a promotion to be applied. For example, if a Promo Code offered $10.00 off your next purchase, you would need to spend more than $10.00 to redeem your discount.
        3. SkipTheQueue reserves the right to modify or cancel the offer at any time. Offer goods while supplies last. If you violate any of these terms and conditions, the offer will be invalid. Other restrictions may apply.
      7. Rebates
        1. For your convenience, SkipTheQueue does its best to advertise any current rebates on the App. Any use of these rebates is limited to the terms and conditions specified by the product manufacturer.
      8. Gifts
        1. SkipTheQueue offers complimentary customer appreciation gifts with the purchase of selected merchandise. On the product page of qualified merchandise, choose your preferred Customer Appreciation Gift via radio button and click the item’s Add to Cart button. Both the product and the gift item will be added to your cart, and the advertised discount will be applied on the Order Confirmation screen. And, in the event you forget to add a gift to your cart, an intermediary page will be promoted to provide you with a second chance.
        2. Gift offers valid only while supplies last.
      9. Combo Specials
        1. Combo Specials are offered by SkipTheQueue as a way of purchasing two items together at a discounted price.
        2. To take advantage of a listed Combo Special, select the desired Combo Special from the individual item listing and click Add to Cart. Both items will be added to your shopping cart, and the advertised discount will be applied on the Order Confirmation screen. And, in case you forget to add a Combo Special to your cart, an intermediary page will be promoted to provide you with a second chance. Only one of each Combo Special can be purchased per order. Offers valid only while supplies of both items last.
        3. SkipTheQueue cannot guarantee the compatibility of combo items.
      10. Bundle Specials
        1. Bundle Specials are offered to SkipTheQueue shoppers as a way to purchase multiple items together at a discounted price. Only one of each Bundle Special can be purchased per order.
        2. Offers valid only while supplies of all items within the bundle last.
  12. General Terms
    1. Charges
      1. Credit Billing Act: You will pay nothing if unauthorized charges are made to your card as a result of shopping via SkipTheQueue App, subject to the terms of this paragraph. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 for fraudulent charges if you promptly report the unauthorized charge. If your bank does hold you liable for any of this $50.00, we will cover the entire liability for you, up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
    2. Recordings
      1. SkipTheQueue does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. You agree not to record any call with SkipTheQueue unless you have provided clear and conspicuous notice to SkipTheQueue and have received prior written consent from SkipTheQueue.
    3. Your indemnification
      1. To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless SkipTheQueue, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms.
    4. Warranties: All Product Sold “As-Is” or “With All Faults”
      SKIPTHEQUEUE IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY SKIPTHEQUEUE ARE NOT MANUFACTURED BY SKIPTHEQUEUE. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER’S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). THESE WARRANTIES, SERVICES, AND SUPPORT POLICIES ARE PROVIDED BY THIRD-PARTY COMPANIES AND HAVE THEIR OWN SET OF TERMS AND CONDITIONS. SKIPTHEQUEUE SHALL NOT BE RESPONSIBLE FOR ANY TERM, GUARANTEE, REPRESENTATION, OR WARRANTY GIVEN BY SUCH MANUFACTURER. SKIPTHEQUEUE ASSIGNS AND PASSES THROUGH TO YOU ANY WARRANTY OF THE MANUFACTURER, AND YOU ACKNOWLEDGE THAT YOU SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. SKIPTHEQUEUE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ITEMS SOLD THROUGH SKIPTHEQUEUE ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR SKIPTHEQUEUE , ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. EXCEPT FOR THOSE WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS THAT MAY NOT BE LEGALLY EXCLUDED, SKIPTHEQUEUE DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS, AS TO ANY SUCH PRODUCT, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE, RESTRICT, OR MODIFY ANY NON-EXCLUDABLE RIGHT OR REMEDY YOU HAVE UNDER ANY LAW. ANY DISCLAIMER, EXCLUSION, OR LIMITATION AS PROVIDED FOR IN THESE TERMS APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO ANY NON-EXCLUDABLE RIGHT OR REMEDY.
    5. Liability & Exclusion
      1. NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY APPLICABLE LAW. SUBJECT TO THE PRECEDING PARAGRAPH, SKIPTHEQUEUE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU WHETHER IN CONTRACT ( INCLUDING UNDER AN INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS FOR: LOSS OF PROFITS; LOSS OF REVENUE; LOSS OF ANTICIPATED SAVINGS; LOSS, DESTRUCTION OR CORRUPTION OF DATA; LOSS OF CONTRACT OR BUSINESS OPPORTUNITY; LOSS OF GOODWILL; MALFUNCTION; DELAYS; INTERRUPTION OF SERVICES; THIRD-PARTY CLAIMS FOR DAMAGES AGAINST YOU; OR INDIRECT OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER AND HOWEVER CAUSED, WHETHER OR NOT REASONABLY FORESEEABLE, REASONABLY CONTEMPLATABLE, OR ACTUALLY FORESEEN OR ACTUALLY CONTEMPLATED, BY SKIPTHEQUEUE AT THE TIME OF ENTERING INTO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 13.5, IN ALL CIRCUMSTANCES SKIPTHEQUEUE’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD TO WHICH YOUR CLAIM RELATES. BY ACCESSING THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
      2. If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence.
      3. If you are a New Jersey consumer, the terms of this section do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey.
      4. In any event, SkipTheQueue reserves all rights, defenses and permissible limitations under the law of your State of residence.
    6. Governing Law and Jurisdiction
      1. Any dispute arising out of or related to these Terms or the sales transactions between you and SkipTheQueue be governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of these Terms shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and SkipTheQueue agree that any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Site including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of these Terms, shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Dover, Delaware or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules and such arbitrator shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator. The arbitration shall be conducted in the English language. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party.  Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
      2. You may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to SkipTheQueue. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. The Notice must be mailed to SkipTheQueue at 8th The Green, Suite A Dover, DE 19901 to the attention of SkipTheQueue Legal Department. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms, or any previous or future arbitration agreements that you have entered into with SkipTheQueue.
      3. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND SKIPTHEQUEUE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND SKIPTHEQUEUE EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
      4. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against SkipTheQueue that is more than one year after the date of the applicable invoice.
      5. SkipTheQueue is not authorized to do business in every jurisdiction. Information published via App/Website may contain references or cross-references to goods or services that are not available in your state or country.
    7. Waiver
      1. The failure of either party to require performance by the other party of any provision of these Terms shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
    8. Severability
      1. If any provision contained in these Terms is or becomes invalid, illegal, or for any reason unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Delaware law.
    9. Third Party Rights
      1. These Terms are between you and us. No other person shall have any rights to enforce any of its terms with the exception of manufacturers referred to in the Terms – such manufacturers will only have right to enforce any terms against you (and not against SkipTheQueue), including any limitation or exclusion of liability in favor of SkipTheQueue under these Terms.
      2. Notwithstanding the preceding paragraph of this section 13.9, neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
    10. Entire Agreement
      1. These Terms, together with SkipTheQueue’s invoice regarding the products and/or services ordered by you, constitute the entire agreement between SkipTheQueue and you and supersede all prior or contemporaneous arrangements, proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between SkipTheQueue and you relating to the subject matter of any contract to the fullest extent permitted by law. These Terms may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
    11. Children
      1. We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under the age of majority pursuant to applicable law, you may only use SkipTheQueue with the involvement of a parent or guardian. If you order a product to which a minimum age requirement applies, by ordering that product you confirm that you and, if different, the recipient of the product, are of the required age necessary to buy that product.
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