Terms of Use
TERMS OF USE
Effective Date: October 22, 2026
Welcome to the Dr. Seuss Website!
Thank You for visiting. We hope You enjoy the experience! These Terms of Use (“Terms”) are a legal contract between the person using the Services (“You” or “Your”) and Dr. Seuss Enterprises, L.P. (“Us”, “Our”, “We” or “Company”, and together with You, “Everyone”), and govern Your use of all the content, text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You, as well as any websites, applications, or services (collectively the “Services”) We may provide.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS GOVERN YOUR USE OF THE SERVICES IN GENERAL. USING THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE THE SERVICES.
YOU SHALL NOT USE THE SERVICES, AND THESE TERMS WILL AUTOMATICALLY BE VOID AND TERMINATED WITHOUT ANY LIABILITY ON THE PART OF US, IF (1) YOU ARE LOCATED IN A COUNTRY EMBARGOED BY THE UNITED STATES OF AMERICA OR (2) ARE ON THE UNITED STATES TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS.
ARBITRATION NOTICE. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN BELOW, YOU AGREE THAT THE SECTION TITLED “DISPUTE RESOLUTION AND ARBITRATION” BELOW REQUIRES DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE THE “DISPUTE RESOLUTION AND ARBITRATION” SECTION BELOW FOR MORE INFORMATION REGARDING THE POSSIBLE EFFECTS OF THE AGREEMENT TO ARBITRATE AND HOW TO OPT OUT OF THE ARBITRATION PROVISIONS.
CHANGES
We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue the Materials or Services at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “Modifications”) of these Terms from time to time. We will provide You with reasonable advance notice of any material Modifications by any reasonable means.
If You object to any such Modifications, Your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such material Modifications indicates You acknowledge and agree to be bound by the Modifications.
Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of Our Services. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
GENERAL USE
Users of the Services include “Minors” (those under the legal age of majority in their jurisdiction or state of residence) and parents or legal guardians of Minors. If You are a Minor, Your parent or legal guardian must read and consent to the Terms. To the extent You consent to the Terms on behalf of Your Minor or otherwise consent to Your Minor’s use of the Services and/or any collection of personal information from Your Minor, as may be required under applicable laws, You represent and warrant that You are the parent or legal guardian of Your Minor and have authority to do so on their behalf.
We invite You to use the Materials and Services for individual, consumer purposes only (“Permitted Purposes”) – enjoy!
In these Terms We are granting You a limited, personal, non-exclusive, non-transferable, and revocable license to use and to display the Materials. Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in the Services or any Materials, and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Services or Materials in any manner unless We permit You to make copies or derivative works of, or modifications to, any Materials through any functionality that We make available through the Services, in all cases subject to all limitations, including technical limitations, that We set forth regarding such functionality. If You make any permitted copies or derivative works of, or modifications to, any Materials while engaging in Permitted Purposes, then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on the Materials.
Unfortunately, if You breach any of these Terms, the above license will terminate automatically, and You must immediately destroy any downloaded or printed Materials (and any copies, derivative works, or modifications thereof).
PROMOTIONS
From time to time, We may offer sweepstakes, contests or other promotional offers from Our Services (collectively, “Promotions”). The terms of any such Promotion will be made available separately and Your participation in any such Promotion will be subject to Your agreement to such separate terms.
PRIVACY POLICY
We respect the information that You provide to Us. For information about how We may process Your personal information, please review Our Privacy Policy (the “Privacy Policy”).
LINKS TO THIRD-PARTY SITES
We think links are convenient, and We sometimes provide links on Our Services to third-party websites. If You use these links, You will leave Our Services. We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through the same). Therefore, unless specifically stated on this Website, We do not endorse or make any representations about such websites, any information, software, products, services or Materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from Our Services, You do so entirely at Your own risk and subject to privacy policies and terms and conditions for those third-party websites.
SUBMISSIONS
Certain areas of Our Services (e.g., chat rooms, customer ratings, review areas, community and support forums) may permit You to submit feedback, information, data, text, software, messages, or other materials (each, a “User Submission”). By providing a User Submission, You:
- grant Us and Our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submissions throughout the world in any media; and
- grant Us and Our affiliates and sublicensees the right to use the name that You submit in connection with such User Submission.
You agree not to provide any User Submission that:
- infringes the intellectual property rights, privacy rights, publicity rights, or other rights of any person or entity;
- violates any law, statute, ordinance or regulation;
- is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable;
- impersonates any person or entity, including without limitation any of Our employees or representatives;
- includes personal information such as phone numbers, social security numbers, account numbers, addresses or employer references.
We have the right (but not the obligation) in Our sole discretion to pre-screen, review, refuse or remove any User Submission.
UNAUTHORIZED ACTIVITIES
To be clear, We authorize Your use of Our Services only for Permitted Purposes. Any other use of Our Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services. This is because as between You and Us, all rights in Our Services remain Our property.
Unauthorized use of the Services may result in violation of various United States and international copyright laws. Unless You have written permission from Us stating otherwise, You are not authorized to use the Services in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
- For any public or commercial purpose which includes use of the Services on another site or through a networked computer environment;
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To stalk, harass, or harm another individual;
- To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
- To interfere with or disrupt the Services or servers or networks connected to the Services;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
- Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means.
PROPRIETARY RIGHTS
“Dr. Seuss Enterprises,” “Cat in the Hat,” “Thing One,” “Thing Two,” “Grinch,” “Grinchmas,” “Lorax,” “Oh, the Places You’ll Go!,” and any associated logos are trademarks of Dr. Seuss Enterprises, L.P. Other trademarks, names and logos on the Services are the property of their respective owners. Unless otherwise specified, all Materials are the property of Us or Our licensors.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website are Our sole property, Trademark ™ and Copyright © 2026 Dr. Seuss Enterprises, L.P. All Rights Reserved. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Website in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of this Website, please provide written notice to Our Agent for notice of claims of infringement:
Attn: Dr. Seuss DMCA Agent; Legal Department 9868 Scranton Road, Suite 1100, San Diego, CA 92121Email: DMCA@drseuss.com
To be sure the matter is handled immediately, Your written notice must:
- Contain Your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
- Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);
- Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:
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 to it was disabled;
3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Website or Service who is the subject of repeated DMCA or other infringement notifications.
DISCLAIMER OF WARRANTIES
THE SERVICES AND THE MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT:
- THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS;
- THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND MATERIALS WILL BE ACCURATE OR RELIABLE; OR
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR MATERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR ANY MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You and We agree that any dispute that has arisen or may arise between Us relating in any way to Your use of or access to the Services; any validity, interpretation, breach, enforcement, or termination of these Terms; or otherwise relating to Us in any way (collectively, “Covered Dispute Matters”) will be resolved in accordance with the provisions set forth in this Section.
Pre-Arbitration Informal Resolution. You and We agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and We therefore agree that, before either demands arbitration against the other, You and We will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any Covered Dispute Matter. Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If You are represented by counsel, Your counsel may participate in the conference, but You shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Us that you intend to initiate an informal dispute resolution conference, send such notice to: legal@drseuss.com. The notice must be sent by email and include the same level of detail as is required by the Rules (defined below) for a demand for arbitration, as well as Your full name, address (including street address, city, state/province/region, zip code, and country), email address (the one associated with Your account, if any), and primary telephone number. If You and We are unable to resolve the Covered Disputer Matter within 60 days of when the notice is received, then the claimant may file a demand for arbitration. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this Section.
Applicable Law. You and We agree that these Terms and each of its parts evidence a transaction involving interstate commerce, and the United States Federal Arbitration Act applies to these Terms and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings agreed to by You and Us hereunder.
Arbitration. Any and all Covered Dispute Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its rules then in effect (“Rules”). In order to initiate arbitration following the conclusion of the informal dispute resolution process required above, a party must provide the other party with a written demand for arbitration and file the demand with the AAA. If You initiate arbitration against Us, You must send the written demand for arbitration to 9868 Scranton Road, Suite 1100, San Diego, CA 92121, via nationally recognized overnight carrier. Additionally, if You initiate arbitration against Us, You must send an electronic version of the demand for arbitration to the AAA, and You must send an electronic version of the as-filed demand to Us at legal@drseuss.com. In signing the demand for arbitration, a party’s counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to afford any relief or impose any sanctions available under United States Federal Rule of Civil Procedure 11 or any other applicable law for either party’s violation of this requirement. You and We agree the arbitration will be conducted by a single arbitrator and that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. You and We agree that the arbitrator, and not any federal, international, state/provincial/regional, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of this arbitration agreement is void or voidable or a particular claim is subject to arbitration. The arbitrator will apply the governing law set forth in these Terms to any such arbitration and shall have the power to award any remedy available at law or in equity; provided, however, that the arbitrator shall have no jurisdiction to amend these Terms or grant any relief not permitted herein or beyond the relief permitted herein. For matters where the relief sought is over $5,000 USD, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitration shall take place in San Diego, California, USA; however, desk, phone, or video conference proceedings may be utilized where appropriate and permitted to mitigate costs of travel. Payment of all filing, administration, arbitrator fees, and other costs of arbitration will be governed by the Rules, unless otherwise stated in this agreement to arbitrate. You and We agree that the arbitrator’s award shall be final and binding, and judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. The AAA’s Mass Arbitration Supplementary Rules (the “Supplement”) shall apply to any Mass Arbitration filed against Us. The term “Mass Arbitration” means 25 or more similar demands for arbitration filed against Us by individual claimants represented by either the same law firm or law firms acting in coordination. Within 60 days of the filing of a demand for arbitration that is part of a Mass Arbitration, the parties will initiate a global mediation of the Mass Arbitration. The mediator will be appointed by AAA unless the parties can agree on a mediator. The mediation shall take place concurrently with the arbitrations and shall not act as a stay of the arbitration proceedings, unless agreed to by the parties. The fees charged by the mediator and any administrative fees charged by AAA associated with the mediation, will be paid by Us.
Injunctive and Declaratory Relief. Except as provided below, the arbitrator shall determine all issues of liability on the merits of any claim asserted by You or Us and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that You or We have sought public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction, and not in arbitration, after the party seeking public injunctive relief has first prevailed in arbitration. The parties agree that the litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Exceptions to Arbitration. There are only two exceptions to this agreement to arbitrate: (a) first, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose intellectual property rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction; and (b) second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, You and We agree that if we make any amendment to the arbitration provisions in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Us prior to the effective date of the amendment. However, the amendment shall apply to all other Covered Dispute Matters governed by the arbitration provisions that have arisen or may arise between You and Us. If You do not agree to the amended terms of the arbitration clause, You must notify Us in writing at legal@drseuss.com within 30 days of Our posting to the Services, or notification to You, of the amendment(s) to the arbitration clause, and You must immediately cease accessing and using the Services, in which case You will not be bound by such amendment(s); provided, however, that if You continue to access or use the Services despite sending Us such a notice, that notice shall be deemed rescinded, and You shall be deemed to have agreed to such amendment(s).
Judicial Forum for Legal Disputes. Unless You and We agree otherwise and except for claims in small claims court, in the event that the agreement to arbitrate above is found not to apply to You or to a particular Covered Dispute Matter, either as a result of Your decision to opt out of the agreement to arbitrate, or as a result of a decision by the arbitrator or a court order, You agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between You and Us must be resolved exclusively by a state or federal court presiding over San Diego, California, USA. You and We agree to submit to the exclusive personal jurisdiction and venue of the courts presiding over San Diego, California, USA. for the purpose of litigating all such claims or disputes.
YOU MAY OPT OUT OF ARBITRATION. IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO LEGAL@DRSEUSS.COM (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. In order to opt out, You must email Your full name, address (including street address, city, state/province/region, zip code, and country), email address (the one associated with Your account, if any), primary telephone number, and an unaltered digital image of Your valid driver’s license or other national, state, provincial, or regional identification card to legal@drseuss.com. This procedure is the only way You can opt out of the arbitration clause. If You opt out of the agreement to arbitrate, all other parts of the arbitration clause and the remainder of these Terms continue to apply to You. Opting out of the arbitration clause has no effect on any previous, other, or future arbitration agreements that You may have with Us.
YOU WAIVE CERTAIN RIGHTS. BY AGREEING TO THIS ARBITRATION CLAUSE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (A) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (B) TO SERVE AS A CLASS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION (EXCEPT AS OTHERWISE SET FORTH HEREIN), OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, EVEN IF ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT, AND (C) TO A TRIAL BY JURY. If a decision is issued stating that applicable law precludes enforcement of any of this Section’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought into a state or federal court presiding over San Diego, California, USA. All other claims shall be arbitrated.
STATUTE OF LIMITATIONS FOR YOUR CLAIMS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES OR MATERIALS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
Governing Law. This Agreement, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of California USA, including California’s statutes of limitations governing Your claim, without giving effect to its principles of conflicts of law, provided that the United States Federal Arbitration Act shall govern the interpretation and enforcement of Section.
FEEDBACK
Any feedback, comments, questions, suggestions related to the Services or Materials (collectively, “Feedback”) contained in User Submissions provided by You to Us through any communication whatsoever (e.g., chat, phone, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, You hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in Our sole discretion. Notwithstanding the foregoing, You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
INDEMNIFICATION
To the maximum extent permitted by applicable law, You agree to indemnify, defend, and hold harmless Us, Our affiliates, and Our and their respective officers, directors, employees, agents, licensors, and suppliers (collectively, the “Company Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Your use or misuse of the Services or Materials; (b) Your User Submissions; (c) Your violation of these Terms or of any applicable law; (d) Your violation of the rights of any third party, including intellectual property, privacy, or publicity rights; and (e) the use of the Services by any Minor under Your account or supervision. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Us in asserting any available defenses. You will not settle any matter affecting the Company Parties without Our prior written consent. Nothing in this Section requires indemnification to the extent prohibited by applicable law.
FORCE MAJEURE
We will not be liable or responsible for any failure or delay in performance caused by events beyond Our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, governmental action, power or telecommunications failures, internet or hosting-provider disruptions, or failures of third-party services or suppliers.
EXPORT AND SANCTIONS COMPLIANCE
You represent and warrant that You are not located in, and will not use the Services in, any country or territory subject to a U.S. Government embargo or sanctions, and that You are not identified on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws and regulations in Your use of the Services.
ELECTRONIC COMMUNICATIONS AND CONSENT
When You use the Services or send communications to Us, You consent to receive communications from Us electronically, including by email, by posting notices within the Services, or by other electronic means. You agree that all agreements, notices, disclosures, and other communications We provide to You electronically satisfy any legal requirement that such communications be in writing.
MISCELLANEOUS
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.
If any provision of these Terms is found to be invalid by any arbitrator or court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
These Terms constitute the entire agreement between You and Us with respect to the use of the Services and supersede any prior agreements between You and Us on the subject matter.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
CONTACT US
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at 9868 Scranton Rd. Suite 1100, San Diego, CA 92121, 858-888-7896, drseuss@drseuss.com.