Last Modified: 9/16/25
Welcome to EDIKTED. These Terms of Use (“Terms of Use”) apply to your access to and use of (i) the website located at https://edikted.com (or any successor links) and all associated web pages, websites, social media pages and our mobile applications that may be downloaded to your mobile device (collectively, the “Site”) provided by Edikted LLC, including all of its subsidiaries and affiliates (referred to as “Edikted”, “us”, “we”, or “our” as the context may require), (ii) online services (including the Site, together the “Services”), and (iii) products made available for purchase through the Services (the “Products”). We want to ensure that you have the best shopping experience possible, which is why it’s important for you to be aware of and carefully understand these Terms of Use.
We may indicate that different or additional terms, conditions, guidelines, policies or rules apply in relation to some of our Products or Services (“Supplemental Terms”), including our Terms & Conditions of Sale, Promotion Terms & Conditions, and our Returns & Exchanges Policy. Any Supplemental Terms become part of your agreement with us if you purchase or use the applicable Products or Services, and if there is a conflict between these Terms of Use and the Supplemental Terms, the Supplemental Terms will control for that conflict.
THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF EDIKTED.COM, INCLUDING ANY CONTENT, FUNCTIONALITY, SERVICES OR PURCHASES, OFFERED ON OR THROUGH THE SITE WHETHER AS A GUEST OR A REGISTERED USER. BY CLICKING “PAY NOW” OR SIMILAR BUTTON, ACCESSING, BROWSING OR OTHERWISE USING THE SERVICES, INCLUDING TO MAKE A PURCHASE, YOU’RE AGREEING TO BE BOUND BY THESE TERMS OF USE, WHICH CONSTITUTE AN AGREEMENT BETWEEN EDIKTED LLC AND YOU. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE ANY SERVICES PROVIDED BY EDIKTED OR PURCHASE ANY PRODUCTS.
THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION (SECTION 27): THESE TERMS OF USE CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRE MANDATORY ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE CLAIMS. PLEASE SEE THE DISPUTE RESOLUTION SECTION (SECTION 27 HEREIN) (INCLUDING SUBSECTIONS) FOR COMPLETE DETAILS AND REVIEW CAREFULLY.
Eligibility
Our Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age of majority to form a binding contract with Edikted. Users who are under the age of 18 may only purchase Products or use the Services with permission from their parent or legal guardian who agrees to be bound by these Terms. If you do not meet this requirement, you must not access or use the Services or make any purchases. The parent or legal guardian of a user under the age of 18 (or age of legal majority) is fully responsible for the acts or omissions of such user in relation to our Products or Services. If you are a parent or legal guardian and you believe that your child under the age of 18 has obtained or is otherwise using our Products or Services without your consent, please Contact Us at hello@edikted.com.
You may only use our Products and Services for personal, family or household purposes, which expressly excludes any commercial use.
Changes to the Terms of Use
We reserve the right to amend the Terms of Use at any time. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review the Terms of Use so you are aware of any changes, as they are binding on you. Your continued use of the Services following the posting of our revised Terms of Use, including purchase of Products, means that you accept and agree to the changes.
Access to and use of the Services
Please be aware that sometimes, websites and applications can have interruptions and undergo construction periods, therefore, we cannot be responsible for any delays or interruptions to the availability of the Services or the functionality made available on or through them. We will use commercially reasonable efforts to minimize delays and interruptions. However, we cannot warrant that the Services will be available at all times or at any given time. We reserve the right to withdraw or amend our Services, and any Products we provide on or through our Services, in our sole discretion without notice. You are responsible for:
Making all arrangements necessary for you to have access to the Services.
Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
Accounts and Registration
To make a purchase on or through the Services, you may be asked to provide certain registration details or other information to create an account with us. It is a condition of your use of the Services that all the information you provide through the Services is correct, current and complete. You acknowledge that all information you provide to register an account, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures for access and use of your account on or through our Services, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security of which you are aware. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Prohibited Conduct
In relation to the Services, you may only use the Services for lawful purposes and in accordance with these Terms of Use. You must not:
Use the Services to transmit any information or materials which breach any laws or regulations, infringe on third parties’ rights, or that are contrary to any relevant standards or codes;
Use the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way, such as exposing them to inappropriate content, asking for personally identifiable information or otherwise.
Use the Services to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Services or the Internet;
Use the Services to send unsolicited email messages, including advertising, or promotional material, such as “junk mail”, “chain letter” or “spam” or any other similar solicitation.
Use the Services to impersonate or attempt to impersonate Edikted, an Edikted employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
Use the Services to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use;
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Edikted or users of the Services or expose them to liability.
Additionally, you will not:
Use the Services in any manner that could disable, overburden, damage or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the data, content or other material on the Services for any purpose.
Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to or used by the Services.
Attack the Services or the servers used by the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
Attempt any of the above acts or facilitate or assist another person to do any of the above acts.
Product Listings
The Services may make available listings, descriptions and images of Products, as well as references and links to Products and coupons or discounts for Products (“Listings”). Such Products may be made available by Edikted and may be made available for any purpose, including general information purposes. We attempt to ensure that any such Listings are complete, accurate and current, but despite our efforts, the Listings may occasionally be inaccurate, incomplete or out of date. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such Listings (including any features, specifications, measurements and prices contained therein). Such Listings and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain colors, sizes and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors; however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
Terms and Conditions of Sale
All purchases or other transactions initiated through the Services are governed by our Terms & Conditions of Sale, which are hereby incorporated into these Terms of Use.
Returns & Exchanges Policy
For information on how to return or exchange Products purchased through our Site, at an Edikted Store, or other transactions initiated through the Services, please see our Returns & Exchanges Policy, which is hereby incorporated into these Terms of Use.
Returns and exchanges will only be accepted within the specified return/exchange timeframe for your applicable jurisdiction (as further outlined in the Returns and Exchange Policy), after which time, we will not accept returns or exchanges for any reason, unless we decide to do so in our sole discretion.
If you bought Products through our Site, you can only return them through the Site. Products purchased in an Edikted store must be returned in the same store where you made the original purchase. Please note that shipping charges, discounts, and package protection fees are non-refundable.
Products marked as “Final Sale” or other similar disclaimer will not be eligible for return or exchange.
We reserve the right to define, limit, refuse, and reject returns or exchanges that show excessive wear, alteration, potential fraud, or other irregular activity. We may refuse service in store or on the Site for similar reasons. Non‑Edikted items sent to our distribution center will be discarded upon receipt.
We reserve the right to define, limit, refuse, and/or reject returns or exchanges from customers at any time for:
An irregular or excessive returns history indicative of “wardrobing;”
An irregular or excessive returns history involving worn, altered, laundered, damaged, or missing items; or
Potential fraudulent or criminal activity.
Similarly, we reserve the right to refuse returns or exchanges (both in-store and on the Site) to any customer or entity, due to similar actions as noted above.
Promotions
Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms of Use, including our Promotion Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Notice. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern with respect to that Promotion.
Mobile/Text Message Communications
Edikted provides a mobile SMS/text message service (the “Mobile Service”). Enrollment in the Mobile Service requires a customer to provide his or her own mobile phone number with an area code within the 50 United States or the District of Columbia. You may be asked to verify your mobile phone number before the Mobile Service will start. This requires responding to a text alert sent to your mobile phone confirming your enrollment in this Mobile Service. We may modify or cancel the Mobile Service or any of its features at any time and without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to the Mobile Service and providing your wireless phone number to Edikted, you agree to receive marketing and non-marketing SMS/text messages from and on behalf of Edikted through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this Mobile Service in order to make any purchases, and your consent to receive calls or texts on your wireless device is not a condition of any purchase with Edikted. Your participation in the Mobile Service is completely voluntary.
We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with SMS/text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details.
The Mobile Service is offered on an “as is” basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage, or other service changes made by your wireless carrier.
You may opt-out of the Mobile Service at any time. To stop receiving the Mobile Service, text the single keyword command STOP to phone number or click the “unsubscribe” link (where available) in any SMS/text message. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.
For Mobile Service support or assistance email us at: hello@edikted.com
We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. 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 will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the Mobile Service with your new number.
To the extent permitted by applicable law, you agree that Edikted and its related companies and each of their respective officers, directors, and employees are not be liable for any losses or injuries of any kind resulting, directly or indirectly, from failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service. Edikted reserves the right to cease delivery of SMS/text alerts to any person at any time in its sole discretion.
Intellectual Property
The Services and all materials on the Services, including the content, features, functionality (including but not limited to all software, information, design, text, images, videos and graphics, and the selection and layout of the Services) we make available are owned or under license by Edikted (collectively, “Site Content”) and protected by international copyright, trademark, patent, trade secret and other intellectual property laws. Except as explicitly stated in these Terms of Use, all rights in and to the Site Content, Services and Products, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms of Use, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Except for this limited license, we don’t grant you any other rights under our intellectual property rights, whether implied or otherwise.
These Terms of Use permit you to view and use the Site and Site Content, using your web browser, for your personal, non-commercial use only. When visiting the Site, you may make a temporary copy of the Site through the usual operation of your web browser only. You may download a single copy of the Site to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
Except as described in the Linking to the Site and Social Media Features sections of these Terms of Use below, You are strictly prohibited from (i) reproducing or using any of the Site Content for commercial purposes, including sales and marketing; (ii) in any way modifying Site Content, or (iii) cause the Site or any Site Content to be framed or embedded in another website for the purpose of selling or promoting your own products and services or those of any third party. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Site Content in any way, except as expressly provided by us in these Terms of Use or expressly authorized in writing by us. If you commit any of the above acts, we may enforce our intellectual property or contractual rights against you.
Trademarks
The Edikted name, the Edikted logo and all related brand names, logos, product and service names, designs and slogans are trademarks of Edikted or its affiliates or licensors. All other brand names, logos, product and service names, designs and slogans on or in connection with the Products or Services are the trademarks of their respective owners. Your use of the Services does not grant you a license or provide any other right or permission to use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the Site or Products, without the express written permission of Edikted or the trademark owner. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
User Contributions
The Site may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials, such as product reviews (collectively, “User Contributions”) on or through the Site. You may refer to or include Listing information as part of any such product reviews.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site or through the Services, you grant us and our affiliates the non-exclusive, perpetual, sublicensable, transferable, worldwide, royalty-free, and fully-paid up right to use, reproduce, modify, publicly, perform, publicly display, distribute and otherwise disclose to third parties any User Contributions for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Edikted, have full responsibility for such material and content, including its legality, reliability, accuracy and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user on the Site or through the Services.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use (including the Content Standards as provided herein), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Edikted.
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.
Take appropriate legal action for unauthorized use of the Services, including without limitation, referral to law enforcement for any illegal activities involving the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services pursuant to our Privacy Notice. YOU WAIVE AND HOLD HARMLESS EDIKTED AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EDIKTED OR ITS AFFILIATES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EDIKTED OR ITS AFFILIATES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party to our Site. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 13.
Content Standards
The following content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. You represent and warrant that your User Contributions are created by you and that you are the owner and have the necessary licenses, rights, consents, releases, and permissions, to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Services and these Terms of Use, including written consents, releases, and/or permissions of each and every identifiable individual person in your User Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Contributions in any manner contemplated by the Services and these Terms of Use. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, or intentionally inflammatory.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Notice.
Be likely to deceive any person, including by impersonating or misrepresenting your affiliation with, any person or entity or by containing any false, misleading, or deceptive statements.
Promote any illegal activity or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Contain any unsolicited promotions, political campaigning, advertising or solicitations.
Contain any private or personal information of a third party without such third party’s consent.
Contain any viruses, corrupted data, or other harmful, disruptive or destructive files or content.
In our sole judgment, be objectionable, or restrict or inhibit any other person from using or enjoying our Services, or expose Edikted or others to any harm or liability of any type.
Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
Include both of the following statements in the body of the DMCA Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Our designated Copyright Agent to receive DMCA Notices is:
Chen Moyal
1327 Willow Street Los Angeles CA 90013
Phone: 1-844-4441-9869
Email: hello@edikted.com
Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Our Response to DMCA Notices: Upon receipt of a DMCA Notice meeting the requirements of Section 512(c)(3) of the DMCA, we may (i) remove or disable access to the allegedly infringing content (the “Allegedly Infringing Content”), (ii) take reasonable steps to notify the user who provided the Allegedly Infringing Content (the “Allegedly Infringing User”) that access to the Allegedly Infringing Content has been disabled or the Allegedly Infringing Content has been removed, (iii) notify the party who provided the DMCA Notice with respect to the Allegedly Infringing Content (the “Original Complaining User”) of any counter notifications that we receive in accordance with this Section 15 from the Allegedly Infringing User, and (iv) replace or restore the Allegedly Infringing Content in accordance with this Section 15. In accordance with our DMCA Policy, if we determine that the Allegedly Infringing User has provided allegedly infringing content numerous times on or through our Products or Services, we may also terminate the account of such user or terminate the ability of such user to add content to our Products or Services.
Counter Notices: If you believe that your content was removed or disabled in accordance with this Section 15 by mistake or misidentification, you may send a counter notice to our designated agent as specified above (your counter notice, a “DMCA Counter Notice”). Please see Section 512(g)(3) of the DMCA for the requirements of a proper counter notification. If you knowingly materially misrepresent that any content on our Products or Services was removed or disabled by mistake or misidentification, you may be liable to Edikted for certain costs and damages.
Our Response to DMCA Counter Notices: When Edikted receives a DMCA Counter Notice meeting the requirements of Section 512(g)(3) of the DMCA with respect to any Allegedly Infringing Content, Edikted may send a copy of the DMCA Counter Notice to the Original Complaining User informing that user that we will replace or restore the Allegedly Infringing Content. Unless our designated agent described above in this Section 15 receives notice that the Original Complaining User files an action seeking a court order against the Allegedly Infringing User within fourteen business days of receiving the copy of the Allegedly Infringing User’s DMCA Counter Notice, we may restore the removed or disabled content.
Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Edikted, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Edikted. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Linking to the Site and Social Media Features
You may link to our Site homepage, provided you do so in a way that is fair and legal, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express prior written consent.
This Site may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Site.
Send e-mails or other communications with certain content, or links to certain content, on this Site.
Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Third-party links
The Site may contain hyperlinks and other pointers to websites operated by third parties (“Linked Websites”). We do not control Linked Websites and are therefore not responsible for the content you see from these external links. We provide the hyperlinks for your convenience only and do not indicate any endorsement, sponsorship or approval by us of a Linked Website or the products and services offered at Linked Websites. You visit Linked Websites entirely at your own risk, and we will not be liable in any way related to your use of, or activities conducted by you on, any Linked Websites.
We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations concerning the suitability of goods and/or services offered to you via a Linked Website.
Spam Statement
We have created an internal policy designed to educate staff and implement clear guidelines and rules in relation to the spread of commercial electronic messages.
You may at any time unsubscribe from any mailing list to which you have previously subscribed. You can do this by following the instructions on the bottom of any email, or just let us know, using the “Contact Us” link on our Site.
To help us comply with our obligations, we request your assistance with the following:
If you receive an unauthorized commercial message, which appears to originate from an Edikted email address, please assume that it has been sent in error and notify us immediately by using the “Contact Us” link on our Site.
Please ensure that you unsubscribe from any of the Edikted mailing lists if you choose to no longer receive electronic commercial messages from Edikted or its contracted third parties.
Indemnity
By purchasing our Products or using the Services, you agree to indemnify and hold harmless, Edikted and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, employees (individually and collectively, the “Company Parties”) from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (including reasonable attorneys’ fees) (whether in tort or contract including and without limitation, negligence) arising out of or in any way connected to: (a) your violation of these Terms of Use or your access to or use of the Products or Services; (b) your use of any information obtained from the Site; (c) your User Contributions; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You will promptly notify Edikted of any third-party claims, cooperate with the relevant Company Parties in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including attorneys’ fees). The Company Parties will have control of the defense or settlement, at Edikted’s sole option, of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Edikted or the other Company Parties.
Disclaimer
Your use of our Products and Services and any content or materials provided therein or therewith (including the Linked Websites) is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Products, Services and any content or materials provided therein or therewith (including the Linked Websites) are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.
We expressly disclaim all warranties of any kind related to the Products and Services or your use thereof, whether express, statutory or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
We do not guarantee that our Products or Services or any content provided therein or therewith (including the Linked Websites) are accurate, complete, reliable, current or error-free or that access to our Product or Services or any content therein or therewith (including Linked Websites) will be uninterrupted.
We do not guarantee that our Products or Services or any content provided therein or therewith (including Linked Websites) or our servers are free of viruses or any other harmful components or content or materials;
We do not warrant or make any representation regarding your access to, or the results of your access to, the Products or Services including its correctness, accuracy, timeliness, completeness, reliability or otherwise;
We do not guarantee that any Products obtained through the Services will otherwise meet your needs or expectations. You assume the entire risk as to the quality and performance of the Products and Services and any content provided therein or therewith (including the Linked Websites).
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EDIKTED, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES , ANY LINKED WEBSITES, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, UNDER ANY LEGAL THEORY, WHETHER BASED IN TORT, NEGLIGENCE, CONTRACT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THE TOTAL LIABILITY OF EDIKTED AND THE OTHER COMPANY PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF U.S. $25OR THE AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.
The limitations set forth in this Section 22 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Edikted or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PRODUCTS OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Termination
At our discretion, the Terms of Use are effective until terminated by us, we may do so at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use, and limitations of liability set out in the Terms of Use, will survive.
Miscellaneous
It is your responsibility to stay up to date with the Terms of Use.
We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained on or through the Site may not be legal for certain persons or in certain countries. If you access the Site, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
All rights not explicitly granted in these Terms of Use are reserved.
If we do not act with regard to a breach of these Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms of Use by you.
Applicable Law
All matters relating to the Products and Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed under the laws of the State of Delaware. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Delaware and Courts of Appeal from them for determining any dispute concerning the Terms of Use.
In the event of any dispute or claim involving intellectual property, or in the event the arbitration described below is not available or upon mutual agreement of both parties to waive arbitration, any legal suit, action or proceeding arising out of, or related to, these Terms of Use, the Products or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Dispute Resolution
PLEASE READ THIS ENTIRE DISPUTE RESOLUTION SECTION (INCLUDING SUBSECTIONS) CAREFULLY, BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER, AND A CONTRACTUAL LIMITATIONS PERIOD.
YOU AND EDIKTED EACH ACKNOWLEDGE THAT THE TERMS IN THIS DISPUTE RESOLUTION SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.
THE PROCEDURES AND OTHER TERMS SET FORTH IN THIS DISPUTE RESOLUTION SECTION APPLY TO ANY AND ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND EDIKTED OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES, REGARDLESS OF WHEN SUCH CLAIM AROSE (EACH, A “CLAIM”), INCLUDING BUT NOT LIMITED TO:
CLAIMS ARISING OUT OF OR RELATING TO THE SITE, TO THE USE OR ACCESS THEREOF, TO OUR ADVERTISING, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD BY EDIKTED AND/OR TO THESE TERMS OF USE;
CLAIMS THAT AROSE BEFORE THESE TERMS OF USE OR ANY PRIOR VERSION OF THESE TERMS OF USE;
CLAIMS THAT ARE OR WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING PURPORTED CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER;c
AND CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS OF USE.
The provisions of this Dispute Resolution section apply to you and Edikted and its affiliates and related entities. This entire Dispute Resolution section shall survive termination of this agreement or the parties’ relationship or the end of your use of the Website.
Mandatory Informal Pre-Suit Resolution
Edikted values our customers and seeks to resolve disputes informally where possible. Before filing any lawsuit relating to a Claim, you agree to first send a detailed notice (“Notice”) to Edikted by email at hello@edikted.com within the applicable statute of limitations. Your Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone numbers; (4) your email address; (5) information sufficient for Edikted to identify any transaction and/or product at issue (e.g., your order number, order confirmation communication, SKU number, etc.); and (6) a detailed description of your Claim, the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice.
Likewise, Edikted agrees that if we have a dispute with you, we will first send a detailed Notice to your e-mail address on file with us. Edikted’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue; and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it.
You and Edikted agree to negotiate in good faith, for a period of at least 60 days from the date of the Notice, in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should Edikted request a telephone conference with you in an effort to resolve your claim as part of this informal process, you agree to personally participate (with your counsel if you are represented). Compliance with and completion of this Mandatory Informal Pre-suit Resolution process is a condition precedent to filing any lawsuit or serving an arbitration demand. You and Edikted agree that any action commenced in court or arbitration without first exhausting the Mandatory Informal Pre-Suit Resolution process shall be defective and subject to dismissal at the cost of the party found to have prematurely commenced the action. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. A court shall have the authority to enjoin the filing of any lawsuit concerning a Claim without first providing a Notice or other participating in good faith in this Mandatory Informal Pre-Suit Resolution process.
Class Action Waiver; Jury Trial Waiver.
YOU AND EDIKTED AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE ACTION, INCLUDING ANY JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND, AND INCLUDING ANY TYPE OF LAWSUIT FILED IN COURT TO THE EXTENT THAT A DISPUTE IS NOT SUBJECT TO THE ARBITRATION CLAUSE AS SPECIFIED BELOW OR THE ARBITRATION PROVISION IS HELD INVALID OR UNENFORCEABLE FOR ANY REASON. Additionally, you agree that you will not be a member of any putative or actual class in a class action brought by anyone else against Edikted, nor will you seek to become a class representative. You further agree that in any action you initiate against Edikted, any relief you seek will be confined to relief on your own behalf.
Except as the Terms of Use otherwise provide and to the fullest extent permitted by law, you and Edikted acknowledge and agree that you are each waiving the right to a trial by jury.
Together, the terms in the preceding paragraphs shall be called and operate as the “Class Action Waiver.”
Arbitration Clause
You and Edikted agree that CLAIMS SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. This requirement, and the terms set forth in this subsection (C), shall collectively be referred to as the “Arbitration Clause.”
The Federal Arbitration Act and federal arbitration law apply to this Arbitration Clause. By agreeing to arbitration, you and Edikted are not limiting in any way either of our statutory or common law rights or potential remedies to which either of us would be entitled to if our Claim were instead being heard in a court.
ANY ARBITRATION WILL BE ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”) AND GOVERNED BY NAM’S APPLICABLE RULES (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Mass Filing Supplemental Dispute Resolution Rules and Procedures, as applicable) (“NAM Rules”), as modified by these Terms of Use. You may obtain a demand form to initiate arbitration as set forth in the NAM Rules available online at www.NAMADR.com, by emailing NAM at commercial@namadr.com, or by requesting them in writing at the Notice address; this demand form, along with a certification under penalty of perjury of compliance with the Mandatory Informal Pre-Suit Resolution process, must both be personally signed by the party initiating arbitration (and their counsel, if represented) and a copy must also be sent to Edikted. You and Edikted agree that any counsel representing a party in arbitration must comply with the requirements of Federal Rule of Civil Procedure 11(b), and that the arbitrator may impose any sanctions against all appropriate represented parties and counsel if he or she determines a Claim is frivolous.
The arbitration shall occur through the submission of documents to one arbitrator. If the arbitrator determines that a hearing is necessary, the hearing shall be conducted remotely by telephone or video conference. If the arbitrator determines that an in-person hearing is necessary, the hearing will take place in the United States county where you live or work or such other location agreed upon by both parties. You and Edikted will select an arbitrator or hearing officer(s) after commencement of the action in accordance with NAM’s Rules.
If you and Edikted cannot submit a joint pre-hearing and hearing schedule, each party will submit their own schedule to NAM. You and Edikted will submit a joint pre-hearing and hearing schedule to the hearing officer(s) within the earlier date of (a) 7 days prior to the hearing or (b) 14 days following the arbitrator’s appointment. If only one schedule is submitted, that schedule will be delivered to the arbitrator for his or her consideration. The arbitrator may adopt the schedule submitted by one party in the absence of a competing or joint schedule.
Payment of all filing, administration and arbitrator fees will be governed by the NAM Rules and applicable fee sheet, as determined by NAM. All issues relating in any way to arbitration—including the applicability, scope, and enforceability of the arbitration provisions of this Dispute Resolution section—are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision on all procedural and substantive issues is binding only between you and Edikted and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
You and Edikted shall each be limited to a maximum of one (1) fact witness deposition per side, unless we agree otherwise or the arbitrator determines that more depositions are warranted based on the totality of circumstances (including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the Claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery). Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to”; and shall not be encumbered with extensive “definitions” or “instructions.” The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.
In any arbitration, the defending party may make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. Settlement offers may not be disclosed to the arbitrator until after the arbitrator issues an award on the Claim. If the award is issued in the defending party’s favor, or in the other party’s favor but is less than the defending party’s settlement offer, then the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the Claim may be entitled for the cause of action under which it is suing.
Special Procedures For Mass Filings
To the extent an arbitration falls within NAM’s definition of a mass filing, you and Edikted agree to the procedures set forth below and in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms). Any applicable limitations period (including statute of limitations) and any filing deadlines shall be tolled beginning when the Mandatory Informal Pre-Suit Resolution process is initiated, until the Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved or opted out of arbitration.
Counsel for each side shall select 15 Claims (30 Claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless you and Edikted agree otherwise in writing. No administrative fees will be assessed in connection with any remaining Claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, you and Edikted shall promptly engage in a global mediation session of all remaining Claims with a retired federal or state court judge, unless the parties agree otherwise.
If the remaining Claims are not resolved at this time, counsel for the parties shall each select an additional 15 Claims per side (30 Claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. This process shall continue, consistent with this staged process set forth above in this subsection (D), by administering and moving forward a maximum of 30 individual arbitration proceedings at a time until the parties are able to resolve all of the Claims, either through settlement or arbitration.
NOTWITHSTANDING THE PROVISIONS HEREIN, IN MASS FILINGS CONSISTING OF MORE THAN 400 CLAIMS TOTAL, EITHER PARTY MAY OPT OUT OF ARBITRATION AND ELECT TO HAVE THE CLAIMS HEARD IN COURT.
A court of competent jurisdiction shall have the authority to enforce this entire Dispute Resolution section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the allocation of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with the remainder of these Terms of Use.
Exceptions
Notwithstanding the parties’ agreement to resolve all Claims through arbitration (i) either you or Edikted may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; and (ii) either you or Edikted may bring suit in court to enjoin infringement or other misuse of intellectual property rights or confidential information. The route to small claims court shall only be the result of a direct filing by you or Edikted. As set forth above, a Claim commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration.
Time Limits
To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY CLAIM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of this provision, a Claim is considered commenced at the time the Notice (defined above) is sent. To the extent a Claim is filed in court or arbitration without first providing such Notice (which would be contrary to these terms, as set forth above), the Claim is deemed commenced at the time of such filing.
Opt-Out
Within thirty (30) days of agreeing to these Terms of Use, you may opt out of the present version of the Arbitration Clause by sending your personally signed, written notice to the following address: hello@edikted.com. Such written notice does not constitute an optout of any previous versions of the Arbitration Clause, or the Class Action Waiver that you may have agreed to, which would continue to govern your claims.
Frivolous or Improper Claims
To the extent permitted by applicable law, a claimant must pay all costs incurred by the responding party, including any attorney fees, related to a Claim if an arbitrator determines that (i) the Claim was frivolous or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution
Severability
If any portion of this Dispute Resolution section is found to be unenforceable or unlawful for any reason, including because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms of Use; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Dispute Resolution section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Dispute Resolution section; and (iii) to the extent that any claims must proceed on a class, collective, consolidated or representative basis as a result, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms of Use, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Dispute Resolution section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Dispute Resolution section will be enforceable.
Entire Agreement
These Terms of Use constitute the sole and entire agreement between you and Edikted with respect to the Services and our Products and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services or Products.
Your Comments and Concerns
This Site is operated by Edikted LLC. All feedback, comments, requests for technical support and other communications relating to the Services or Products should be directed to: hello@edikted.com.