Terms & Conditions

Terms & Conditions

Last Updated: 4/22/2024

These Terms & Conditions set forth the legally binding terms and conditions between you and DECKED, LLC (“DECKED”, “we”, “us” or “our”) governing your access to and use of our website located at www.decked.com and any associated DECKED websites, subdomains and services (collectively, the “Site”), and your purchase of Products sold by DECKED through the Site.  Certain features or portions of the Site may be subject to additional guidelines, terms, or rules, which will be posted or made available to you on or through the Site in connection with such features (“Supplemental Terms”).  All such Supplemental Terms are incorporated by reference into these Terms & Conditions (collectively, the “Agreement”).  If these Terms & Conditions are inconsistent with the Supplemental Terms, the Supplemental Terms shall control only with respect to the features to which they apply.

PLEASE READ THIS AGREEMENT CAREFULLY.  THIS AGREEMENT GOVERNS USE OF THE SITE AND APPLIES TO ALL USERS VISITING, ACCESSING OR MAKING PRODUCT PURCHASES THROUGH THE SITE.  BY ACCESSING OR USING THE SITE IN ANY WAY, ACCEPTING THIS AGREEMENT BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS OR MAKING A PRODUCT PURHCASE THROUGH THE SITE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT; (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DECKED; (3) YOU ARE NOT BARRED FROM USING THE SITE UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SITE ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS.  IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO “YOU” OR “YOUR” IN THIS AGREEMENT WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY.  IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE.

SECTION 17 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND DECKED.  AMONG OTHER THINGS, SECTION 17 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION.  SECTION 17 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.  PLEASE READ SECTION 17 (ARBITRATION AGREEMENT) CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 17) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 17.10 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF IDAHO, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

PLEASE NOTE THAT IF YOU OPT-IN TO OBTAIN TEXT MESSAGES FROM DECKED, SECTION 1.3 (TEXT MESSAGE SERVICES) OF THIS AGREEMENT BELOW CONTAINS TERMS RELATED TO OUR TEXT MESSAGE SERVICES.

The Agreement IS subject to change by decked in its sole discretion at any time AS SET FORTH IN SECTION 18.6 (Agreement updates).

  1. USE OF THE SITE.
    • DECKED makes and sells drawer systems, toolboxes and other cargo products with the goal of improving the everyday lives or working men and women. The Site provides information about DECKED and the products made and/or sold by DECKED (the “Products”) and an online store through which you may purchase Products.
    • Access and Use. Subject to your compliance with this Agreement, DECKED grants you a limited, non-exclusive, revocable, non-assignable, non-sublicensable, and “as-is” right to access and use the Site solely in connection with obtaining information about and purchasing Products. 
    • Text Message Services. DECKED may offer one or more mobile message programs  (collectively, the “Message Service”) that allow users to receive SMS/MMS mobile messages by opting-in such as through online or application-based enrollment forms.  Regardless of the opt-in method you use to enroll, you agree that your use of the Message Service is governed by this Agreement.  We do not charge for the Message Service, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless carrier and you acknowledge that your carrier may charge you or deduct usage credit from your account when you text us or we send messages to you.  Message and data rates may apply.  By enrolling a telephone number in the Message Service, you authorize us to send recurring SMS and MMS mobile messages to the number you specify, and you represent that you are authorized to receive mobile messages at such number.  The messages sent through the Message Service may include messages concerning the marketing, promotion, payment, delivery and sale of DECKED Products, DECKED sweepstakes, or other updates about our store, new Products, and other updates including checkout reminders.  You agree that these messages may be transmitted using an automatic telephone dialing system (“ATDS”), other automated systems for the selection or dialing of telephone numbers, or different technology.  Your consent to receive mobile messages via an ATDS or other automated system for the selection or dialing of numbers is not required (directly or indirectly) as a condition of purchasing any property, goods or services.  While you consent to receive messages sent using an ATDS, the foregoing shall not be interpreted to suggest or imply that any or all of our messages are sent using such a system.  Message frequency varies.  If you do not wish to continue participating in a Message Service program we offer, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message you receive from that program to opt out.  You may receive an additional mobile message confirming your decision to opt out.  You understand and agree that the foregoing options are the only reasonable methods of opting out.  You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that that we and our service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those keyword commands set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.  To the extent you subscribe to more than one Message Service program that we operate, you must unsubscribe from each program separately.  For Message Service support or assistance, text the HELP keyword in response to any message you receive through the Message Service or email us at service@decked.com.  Please note that the use of this email address is not an acceptable method of opting out of Message Service.  Opt outs must be submitted in accordance with the procedures set forth above.  We may change any short code or telephone number we use to operate the Message Service at any time with notice to you.  You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we are not responsible for honoring requests made in such messages.  The Message Service may not be available in all areas or supported by all carriers or all devices.  Check with your carrier for details.  Delivery of mobile messages is subject to effective transmission from your wireless carrier/network operator and is outside of our control.  We and the wireless carriers supported by the Message Service are not liable for any failed, delayed or undelivered messages.  If you decide to change your mobile phone number, you agree to first opt out of each Message Service program in which your number is enrolled.  For clarity, you acknowledge and agree that any disputes between you and us related to the Message Service will be governed by Section 17 (Arbitration Agreement).
    • Modification. We reserve the right to modify, update, suspend, or discontinue the Site (in whole or in part) at any time with or without notice to you.  You agree that DECKED is not liable to you or to any third party for any such modification, update, suspension, or discontinuation.  You may need to update third-party software from time to time in order to access and use the Site.
    • Account Creation. In order to access certain features of the Site you must register for an account (“Account”).  You represent and warrant that: (a) all required registration information you submit in connection with your registration is truthful and accurate; and (b) you will maintain the accuracy of such information. 
    • Account Responsibilities. You are responsible for all activities that occur under and all Orders that are placed using your Account.  You agree to notify DECKED of any unauthorized use or suspected unauthorized use of your Account or any other breach of security.  DECKED will not be liable for any loss or damage arising from your failure to comply with the above requirements.  You may not share your Account or password with anyone.  
  3. The Products may only be available in limited quantities and are subject to return or exchange only in accordance with our .  We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any Products that we offer.  Products are subject to change at any time without notice, at our sole discretion.  We reserve the right to discontinue the sale of any Product at any time.  Any offer for any Products made on the Site is void where prohibited.
    • Order Placement and Acceptance. By placing an order for Products via the Site (an “Order”) you are making an offer to purchase Products from DECKED.  DECKED will have no obligation with respect to any Order unless and until DECKED has accepted such Order.  Your order will be deemed accepted by DECKED upon our shipment of the Products that you have ordered under an Order.  We may require additional verifications or information before accepting any order.  Your receipt of an electronic or other form of order confirmation does not signify DECKED’s acceptance of an Order.  All Orders are subject to DECKED’s then-current return policies, as posted on the Site.  DECKED further reserves the right any time after receipt of your Order, without prior notice to you, to supply less than the quantity you ordered of any item.  DECKED reserves the right to reject or cancel any Order at any time and provide you a refund for any amounts paid under the applicable Order.  Customer may cancel an Order within twenty-four (24)  hours of placing the applicable Order. 
    • Title and Risk of Loss. All Products are shipped in accordance with our and made Ex Works (Incoterms 2020) DECKED’S designated point of shipment, and title and risk of loss to each shipment of Products shall pass to you when DECKED makes such shipment available to the carrier.
  5. PRICES AND PURCHASE TERMS.
    • By placing an Order, you agree to pay all fees or charges for Products you purchase on or through the Site in accordance with the prices, fees, charges and billing terms in effect at the time the applicable Order is placed.  To make an Order on or through the Site, you must provide a valid credit card or other payment method accepted by DECKED (“Payment Provider”).  Your Payment Provider agreement governs your use of the designated credit card or payment method, and you must refer to that agreement to determine your rights and liabilities.  By providing your credit card number and associated payment information, you agree that DECKED is authorized to store or immediately charge or authorize its Third-Party Service Provider to store or charge your Payment Provider for all charges that are or become due and payable to DECKED hereunder and that no additional notice or consent is required.  You agree to immediately notify DECKED of any change in your billing address or the credit card used for payment hereunder.  We may change the prices and billing methods for Orders at any time without notice.
    • Third-Party Service Provider. DECKED uses Stripe, Inc. and its affiliates as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (“Third-Party Service Provider”).  If you make a purchase on the Site, you will be required to provide your payment details and any additional information required to complete your order directly to our Third-Party Service Provider.  You agree to be bound by Stripe’s Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/ssa) and hereby consent and authorize DECKED and Stripe to share any information and payment instructions you provide with one or more Third-Party Service Provider(s) to the minimum extent required to complete your transactions.  Please note that online payment transactions may be subject to validation checks by our Third-Party Service Provider and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason.  For your protection, our Third-Party Service Provider uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information.  Your card issuer may charge you an online handling fee or processing fee.  We are not responsible for this.  In some jurisdictions, our Third-Party Service Provider may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
    •  You are responsible for paying any Sales Tax that may be due in connection with your Orders.  If DECKED determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, DECKED shall collect such Sales Tax in addition to the payments required for such Products under your Orders.  If any payments for any Products under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to DECKED, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify DECKED for any liability or expense DECKED may incur in connection with such Sales Taxes.  Upon DECKED’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.  For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
  6. RESPONSIBILITY FOR CONTENT.
    • Types of Content. Certain features of the Site may permit you to submit or post Content to the Site.  You acknowledge that any information, data, text, photographs, graphics, video, messages, tags and/or other materials accessible through the Site (collectively, “Content”), is the sole responsibility of the party from whom such Content originated.  This means that you, and not DECKED, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available (“Make Available”) through the Site (“Your Content”), and that other users of the Site, and not DECKED, are similarly responsible for all Content that they Make Available through the Site (“User Content”).
    • Unless expressly agreed to by DECKED in writing elsewhere, DECKED has no obligation to store any of Your Content.  DECKED has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Site.  Certain features and functionality of the Site may enable you to specify the level at which the Site restricts access to Your Content.  In such cases, you are solely responsible for applying the appropriate level of access to Your Content.  If you do not choose a level of access, the system may default to its most permissive setting. 
    • Ratings and Reviews. Ratings and reviews posted by users on the Site are Content that is not endorsed by DECKED and does not necessarily represent the views of DECKED.  DECKED does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews.  Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted on the Site, you agree (a) to base any review you post only on your first-hand experience with the applicable Product; (b) you will not provide a rating or review for any Product with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation; and (c) your review comply with the terms of this Agreement.  If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such Content without notice.
    • The Site. Except with respect to Your Content, you agree that DECKED and its suppliers or licensors own all rights, title and interest in the Site.  You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
    • DECKED and all related stylizations, graphics, logos, service marks and trade names used on or with the Site are the trademarks of DECKED and may not be used without permission in connection with your, or any third-party’s, products or services.  Other trademarks, service marks and trade names that may appear on or in the Site are the property of their respective owners.
    • Your Content. DECKED does not claim ownership of Your Content.  However, when you Make Available any Content on or to the Site, you represent that you own and/or have sufficient rights to Your Content to grant the license set forth in Section 4 (License to Your Content).
    • License to Your Content. Subject to any applicable Account settings that you select, you grant DECKED a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable (through multiple tiers of sublicensees) right (including any moral rights) and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from Your Content (in whole or in part) for the purposes of operating and providing the Site to you and to our other users.  Please remember that other users may be able to search for, see, use, modify and/or reproduce any of Your Content that you submit to any area of the Site that is accessible by other users.
    • Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on the Site, you hereby expressly permit DECKED to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
    • You agree that submission of any ideas, suggestions, documents, and/or proposals to DECKED through its suggestion, feedback, forum, or similar pages (“Feedback”) is at your own risk and that DECKED has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to DECKED a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site and/or DECKED’s business.
  8. USER CONDUCT AND CERTAIN RESTRICTIONS. As a condition of use, you agree not to use the Site for any purpose that is prohibited by this Agreement or by applicable law.  You shall not (and shall not permit any third party) to: (i) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Site or any portion of the Site; (ii) frame or utilize framing techniques to enclose any trademark or logo located on the Site or any other portion of the Site (including images, text, page layout or form); (iii) use any metatags or other “hidden text” using DECKED’s name or trademarks; (iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (vi) remove or destroy any copyright notices or other proprietary markings contained on or in the Site; (vii) impersonate any person or entity, including any employee or representative of DECKED; (viii) interfere with or attempts to interfere with the proper functioning of the Site or use the Site in any way not expressly permitted by this Agreement, including but not limited to violating or attempting to violate any security features of the Site, introducing viruses, worms, or similar harmful code into the Site, or interfering or attempting to interfere with use of the Site by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Site; or (ix) take any action or Make Available any Content on or through the Site that: (A) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (B) constitutes unauthorized or unsolicited advertising, junk or bulk email; or (C) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without DECKED’s prior written consent.  Furthermore, Your Content in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by DECKED in its sole discretion.  You may not post or Make Available a photograph of another person without that person’s permission.  The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this section.  Any unauthorized use of the Site terminates the licenses granted by DECKED pursuant to this Agreement.
  9. INVESTIGATIONS, MONITORING, & NO OBLIGATION TO PRE-SCREEN CONTENT. DECKED may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Site and/or Content, including Your Content and User Content, at any time.  You hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.

Without limiting the foregoing, DECKED reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for DECKED; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to and cooperation with law enforcement and/or other applicable legal authorities, for any illegal or unauthorized use of the Site or if DECKED otherwise believes that criminal activity has occurred; and/or (e) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of this Agreement.  Upon determination of any possible violations by you of any provision of this Agreement, DECKED, may, at its sole discretion immediately terminate your license to use the Site, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

If DECKED believes that criminal activity has occurred, DECKED reserves the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Site, including Your Content, in DECKED’s possession in connection with your use of the Site, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce this Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property, or personal safety of DECKED, its users or the public, and all enforcement or other government officials, as DECKED in its sole discretion believes to be necessary or appropriate.

  1. INTERACTIONS WITH OTHER USERS.
    • User Responsibility. You are solely responsible for your interactions with other users of the Site and any other parties with whom you interact through the Site; provided, however, that DECKED reserves the right, but has no obligation, to intercede in any disputes between you and any other users.  You agree that DECKED will not be responsible for any liability incurred as the result of your interactions with other users.
    • Content Provided by Other Users. The Site may contain User Content provided by other users.  DECKED is not responsible for and does not control User Content.  DECKED does not approve or endorse, or make any representations or warranties with respect to, User Content.  You use all User Content and interact with other users at your own risk.
  2. THIRD-PARTY SERVICE.
    • Third-Party Websites. The Service may contain links to third-party websites (“Third-Party Services”).  When you click on a link to a Third-Party Service, we will not warn you that you have left the Site and you become subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Services are not under the control of DECKED.  DECKED is not responsible for any Third-Party Services.  DECKED provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith.  You use all links in Third-Party Services at your own risk.  When you leave our Site, this Agreement and our policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
  3. Indemnification. You shall indemnify and hold DECKED, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “DECKED Party” and collectively, the “DECKED Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (i) Your Content; (ii) your use of, or inability to use, the Site; (iii) your violation of this Agreement; (iv) your violation of any rights of another party, including any user; or (v) your violation of any applicable laws, rules or regulations.  DECKED reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DECKED in asserting any available defenses.  This provision does not require you to indemnify any of the DECKED Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Site provided hereunder.  You agree that the provisions in this section will survive any termination of your Account, this Agreement and/or your access to the Site.
  4. DISCLAIMER OF WARRANTIES.
    • As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  THE DECKED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SITE OR PRRODUCTS.  This Section 13.1 (As Is) does not affect in any way our return policy or limited warranty for Products purchased on the Site.
    • Products Warranty Disclaimer. We offer a Limited Lifetime Warranty that covers certain Products purchased as described in the Limited Lifetime Warranty.  From time to time, we may change or modify the Limited Lifetime Warranty.  Any Products purchased will be subject to the then current version of the Limited Lifetime Warranty in effect at the time you purchased the Product.
    • No Liability for Conduct of Third Parties. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES ON THE SITE.  YOU ACKNOWLEDGE AND AGREE THAT THE DECKED PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE DECKED PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.  YOU UNDERSTAND THAT DECKED DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS.   DECKED MAKES NO WARRANTY THAT THE GOODS OR SERVICE PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
  5. LIMITATION OF LIABILITY.
    • Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE DECKED PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT ANY DECKED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, INCLUDING TO THE EXTENT RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATED TO THE SITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.  THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF A DECKED PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A DECKED PARTY’S NEGLIGENCE; OR FOR (A) ANY INJURY CAUSED BY A DECKED PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
    • Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DECKED PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (i) THE TOTAL AMOUNT PAID TO DECKED by you during the THREE-month period prior to the act, omission or occurrence giving rise to such liability; (ii) $100; or (iii) IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.  THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A DECKED PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A DECKED PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A DECKED PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
    • User Content. DECKED ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
    • Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
    • Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DECKED AND YOU.
  6. PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY RIGHT INFRINGEMENT. It is DECKED’s policy to terminate membership privileges of any user who repeatedly infringes copyright, trademark, or other intellectual property rights upon prompt notification to DECKED by the respective intellectual property owner or their legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes intellectual property rights infringement, please provide our designated intellectual property agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right; (ii) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed; (iii) a description of the location on the Site of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner’s behalf.  Contact information for DECKED’s designated agent for notice of claims of infringement is as follows:

Copyright Manager
DECKED LLC
110 Lindsay Cir
Ketchum, ID 83353.

  1. TERM AND TERMINATION.
    • The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above) and continues in full force and effect while you use the Site, unless terminated earlier in accordance with this Agreement.
    • DECKED reserves the right to terminate this Agreement or your access to the Site at any time without cause upon notice to you.  You agree that all terminations for cause are made in DECKED’s sole discretion and that DECKED shall not be liable to you or any third party for any termination of your Account.
    • Effect of Termination. Upon termination of your access to the Site, your right to use the Site or the applicable feature or functionality thereof will automatically terminate, and we may delete Your Content associated therewith from our live databases.  If we terminate your Account for cause, we may also bar your further use or access to the Site.  DECKED will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.  All provisions of this Agreement which by their nature should survive, will survive termination of your access to the Site, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
    • No Subsequent Registration. If this Agreement is terminated for cause by DECKED or if your Account or ability to access the Site is discontinued by DECKED due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to re-register with or access the Site through use of a different member name or otherwise.
  2. ARBITRATION AGREEMENT. Please read this section (the “Arbitration Agreement”) carefully.  It is part of your contract with DECKED and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
    • Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and DECKED agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Site, any communications you receive, any Products sold or distributed through the Site or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and DECKED may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or DECKED may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.
    • Informal Dispute Resolution. There might be instances when a Dispute arises between you and DECKED.  If that occurs, DECKED is committed to working with you to reach a reasonable resolution.  You and DECKED agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”).  You and DECKED therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”).  If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties.  Notice to DECKED that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to privacy@decked.com or regular mail to our offices located at PO Box 885, Ketchum, Idaho 83340.  The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.  In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute.  Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration.  The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

  • Waiver of Jury Trial. YOU AND DECKED HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and DECKED are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 1 (Applicability of Arbitration Agreement).  There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
  • Waiver of Class and Other Non-Individualized Relief. YOU AND DECKED AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.  ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  Subject to this Arbitration Agreement, the arbitrator 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 the party’s individual claim.  Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 17.9 (Batch Arbitration).  Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and DECKED agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Idaho.  All other Disputes shall be arbitrated or litigated in small claims court.  This section does not prevent you or DECKED from participating in a class-wide settlement of claims.
  • Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings.  If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and DECKED agree that either party shall have the right to finally resolve the Dispute through binding arbitration.  The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement.  The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”).  The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address.  Such counsel must also sign the Request.  By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses 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 (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and DECKED otherwise agree, or the Batch Arbitration process discussed in Section 17.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside.  Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration.  If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.  Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.

You and DECKED agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

  • The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Idaho and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.  If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 17.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.
  • Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 17.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 17.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 17.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator.  The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 17.9 (Batch Arbitration).  The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The award of the arbitrator is final and binding upon you and us.  Judgment on the arbitration award may be entered in any court having jurisdiction.
  • Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).  If you or DECKED need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration.  The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
  • Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and DECKED agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against DECKED by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.  To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”).  In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly.  The Administrative Arbitrator’s fees shall be paid by DECKED.

You and DECKED agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

  • 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: PO Box 885 Ketchum, Idaho 83340, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.  If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
  • Invalidity, Expiration. Except as provided in Section 4 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.  You further agree that any Dispute that you have with DECKED as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred.  Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
  • Notwithstanding any provision in this Agreement to the contrary, we agree that if DECKED makes any future material change to this Arbitration Agreement, we will notify you.  Unless you reject the change within thirty (30) days of such change become effective by writing to DECKED at PO Box 885, Ketchum, Idaho 83340, your continued use of the Site, including the acceptance of Products and services offered on the Site following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes.  Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration.  If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Site, any communications you receive, any Products sold or distributed through the Site or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect.  DECKED will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.
  1. GENERAL PROVISIONS.
    • Electronic Communications. The communications between you and DECKED may take place via electronic means, whether you visit the Site or send DECKED emails, or whether DECKED posts notices on the Site or communicates with you via email.  For contractual purposes, you (i) consent to receive communications from DECKED in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that DECKED electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
    • This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without DECKED’s prior written consent.  DECKED may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement.  Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    • Force Majeure. DECKED shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 
    • Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Site, please contact us at: service@decked.com.  We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
    • Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
    • Agreement Updates. When changes are made, DECKED will make a new copy of these Terms & Conditions and/or Supplemental Terms, as applicable, available on the Site, and we will also update the “Last Updated” date at the top of this Agreement.  If we make any material changes and you have registered an Account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account.  Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an Account and thirty (30) days after posting for users with an Account.  DECKED may require you to provide consent to the updated Agreement in a specified manner before further use of the Site is permitted.  IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SITE.
    • Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and DECKED agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in Blaine County, Idaho.
    • Governing Law. ThIS AGREEMENT and any action related thereto will be governed and interpreted by and under the laws of the State of idaho, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to the AGREEMENT.
    • Where DECKED requires that you provide an email address, you are responsible for providing DECKED with a valid and current email address.  In the event that the email address you provide to DECKED is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, DECKED’s dispatch of the email containing such notice will nonetheless constitute effective notice.  You may give notice to DECKED at the following address: PO Box 885, Ketchum, Idaho 83340.  Such notice shall be deemed given when received by DECKED by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
    • Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    • If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.
    • Export Control. You may not use, export, import, or transfer Products except as authorized by U.S. law, the laws of the jurisdiction in which you purchased the Products, and any other applicable laws.  In particular, but without limitation, the Products may not be exported or re-exported (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site, you represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (B) you are not listed on any U.S. Government list of prohibited or restricted parties.  You also will not use the Site for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that Products, services or technology provided by DECKED are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer DECKED Products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
    • Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.