POLICIES & TERMS.

SUPPLY CHAIN

 

Our goal is to sustainably source the raw materials we use in our products. We follow the principles of ethical business set in the SkullCandyEnergy of Conduct and operate to the highest food quality and safety requirements.

Your whey has access to a supply chain which spans procurement of materials, packaging, transportation and services globally. In order to effectively manage risks in the supply chain, SkullCandyEnergy has in place a procurement policy to source according to responsible sourcing criteria.
 

SkullCandyEnergy requires all its suppliers to adhere to Your Whey standards and to be compliant with laws, regulations and social customs for the countries they operate in and with all human rights, labour and health and safety regulations.
 

OUR PEOPLE

SkullCandyEnergy's policy is to comply fully with the relevant employment laws and regulations in the countries in which it operates

SkullCandyEnergy is committed to a zero-tolerance approach to slavery and human trafficking and to acting with integrity in all its dealings, relationships, and supply chains.
 

To ensure clarity on the ethical standards we require from every employee and supplier, there are a number of key policies which set out the requirements within the Group and also with those who we seek to do business with, including:

  • Code of Conduct

  • Anti-Bribery and Corruption Policy

  • Global Procurement Policy

  • Purchasing Ethics Policy

  • Human Rights Policy

  • Diversity and Inclusion Policy

OUR POLICIES

 

As part of our compliance with the policies referenced above, we take the following steps:

  • Assess and monitor potential risks in our supply chain;

  • Mitigate against the risk of slavery and human trafficking by following the Group Vendor Risk Assessment guidelines included in the SkullCandyEnergy Purchasing Policy

  • Facilitate, without fear of recrimination, our people to report any concerns in relation to slavery and human trafficking within Your Whey operations or supply chain.

SkullCandyEnergy will continue to develop its commitment to combat slavery and human trafficking and will provide staff training where appropriate. Our policies are available online to employees and updated as required for any relevant changes during the year.

 

FUTURE STEPS
 

SkullCandyEnergy is committed to reviewing the effectiveness of our current policies and procedures and is focused on improving our measures to assess the management of the risks that are identified.

APPROVED BY

This Statement was approved by the Board of SkullCandyEnergy on 14 November 2019.

PRIVACY

 

This privacy statement (together with our terms of use (terms of use) and any other documents referred to on it) (“Privacy Policy”) sets out how SkullCandyEnergy uses and processes any personal information that you provide to SkullCandyEnergy when you use this website. Please read the following carefully to understand SkullCandyEnergy’s views and practices regarding your personal information and how we will treat it.

SkullCandyEnergy is committed to ensuring that your privacy is protected when using this website. Our Privacy Policy sets out the basis on which any personal information that we collect from you, or that you provide to us, will be processed by us. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with our Privacy Policy.

SkullCandyEnergy may amend its Privacy Policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes made by SkullCandyEnergy. This policy is effective from 14th of November, 2019.

DATA PROTECTION

We are committed to ensuring that your rights under data privacy laws are protected and personal information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online in accordance with the EU General Data Protection Regulation General Data Protection Regulation (EU) 2016/679.

EU General Data Protection Regulation (“GDPR”):

For services provided into EU countries and to EU citizens, SkullCandyEnergy is committed to observe the rights of the individuals whose personal data we collect and process.

Please refer to the individual sections in the website Privacy Policy (this document) for additional information or contact us by emailing: help-uk@SkullCandyEnergy.com
 

 

LEGAL BASIS

 

The information listed below is collected and processed for the purposes stated in this Privacy Policy.

Within the European Union, data is collected and processed under the legal basis of consent. Please see below for information on how you can manage your consent to personal data processing.
 

 

WHAT WE COLLECT

We may collect the following information:

  • Your name

  • Your contact information such as email address

  • Demographic information such as preferences and interests

  • Other information relevant to customer surveys and/or offers

  • Any information you provide by filling in forms on our website 

  • Details of any transactions you carry out through our website and the fulfilment of your orders

  • Details of your visits to our website and the resources that you access

     

USE OF YOUR INFO


We use this information to provide you with advertised goods and services and to ensure that our website is presented in the most efficient manner for you, and in particular for the following reasons:

  • For internal record keeping purposes to support the delivery of services outlined in this Privacy Policy.

  • To improve products and services directly related to this website / supported services.

  • To provide you with information and promotional material about products, special offers or other information which you request from us or we think you may find interesting using the email address which you have provided and where you have freely consented to be contacted for such purposes.

  • To send you promotional information about third parties which we think you may find interesting where you have freely consented to be contacted for such purposes.

  • To carry out our obligations arising from any contracts entered into between you and us.

  • To allow you to participate in interactive features of our service, when you chose to do so.

  • To notify you about changes to our products or services that relate to your subscribed services.

  • We may use the information to customise our website according to your interests.

  • If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services covered under your customer agreement or purchases within the previous 12 months.

  • If you are a new customer, and where we permit selected third parties to use your personal information, we (or they) will contact you by electronic means only if you have freely consented to this.

If you do not want us to use your personal information, provided under consent, in this way, or to pass your details on to third parties for marketing purposes, please refer to the ‘Controlling Your Data Section’ below.

SECURITY

SkullCandyEnergy is committed to maintaining the highest levels of Information Security across our business functions and electronic business channels.

To ensure that we communicate and trade with our customers in a secure manner, the following safeguards are implemented across our services:​

  • All our customer, supplier and accounts payable / accounts receivable functions all use Your Whey branded email addresses and never use 3rd party email addresses

  • We will treat all your queries in relation to potentially fraudulent activity with the highest urgency

  • Maintain in-house and external Information Security services to provide website security analysis and identify areas of website security improvement

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
 

 

USE OF YOUR INFO
 

Our website may from time to time contain links to enable you to visit other websites of interest easily. However, once you follow a link to any of these websites, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by our Privacy Policy. Please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. You should exercise caution and check these policies before you submit any personal information to these websites.

CONTROLLING YOUR INFO

You may choose to restrict the collection or use of your personal information in the following ways:

 • You have the right to ask us not to process your personal information for marketing purposes and whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes

• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by emailing: help-uk@SkullCandyEnergy.com.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

You may request details of personal information which we hold about you under the General Data Protection Regulation [REGULATION (EU) 2016/679]. If you would like a copy of the information held about you please email: help-uk@SkullCandyEnergy.com.

If you believe that any information we are holding about you is incorrect or incomplete, please contact to us as soon as possible via email: help-uk@SkullCandyEnergy.com. We will promptly correct any information found to be incorrect.

OWNERSHIP OF SITE AGREEMENT TO TERMS & CONDITIONS OF USE


These Terms and Conditions of Use ("Terms of Use") apply to the web site located at www.skullcandyenergy.com and all associated web sites linked to www.skullcandyenergy.com (collectively, the "Site") by SkullCandyEnergy, its parents, subsidiaries, and/or affiliates (collectively, "the Company").

 

The Site is the property of the Company.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

 

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. CONTENT AND TRADEMARKS
 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, contained on the Site (collectively, "Content") is owned, controlled or licensed by or to the Company and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws.
 

Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of the Company and its affiliates, and other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners (collectively, "Trademarks"). Nothing in these Terms of Use or otherwise provided on the Site grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks without express prior written consent of the Company or such other owner. Neither the Company's name nor any of the Trademarks may be used in any way, including but not limited to any advertising or publicity regarding distribution of materials on the Site, without the Company's prior written consent. Without limiting the generality of the foregoing, the Company prohibits the use of its name or any Trademarks as a link to any website unless such link is approved in advance by the Company in writing.
 

PERMITTED USE OF THE SITE

 

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including mirroring, to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise without the Company's express prior written consent. You may use information on the Company's products and services that is purposely made available by the Company for downloading from the Site, provided that you (i) do not remove any proprietary notice language in all copies of such documents; (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information.

VIRUSES & HACKING

 

You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offense. The Company will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or your downloading any material posted on the Site or any third-party website linked to the Site.

USER CONTENT

 

From time to time, the Company may provide interactive services on the Site, including but not limited to chat rooms, bulletin boards, blogs and forums. The Company disclaims any obligation to oversee, monitor or moderate any interactive services provided on the Site, and in no event shall the Company be liable for any loss or damage arising from the use of any interactive service by a user in contravention with the Company's content standards. If you post any content to the Site, you hereby grant the Company and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You grant the Company and its affiliates and licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant the foregoing license without infringing or violating the rights of any third party; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from the content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.

USER CONTENT STANDARDS

 

The following standards apply to any and all material which you contribute to the Site ("Contributions") and to any associated interactive services:

Contributions must:

  • Be accurate (when they state facts);

  • Be genuinely held (when they state opinions); and

  • Comply with applicable laws in the United States of America and in any country from which they are posted.

 

Contributions must not:

  • Contain any material that is defamatory, obscene, offensive, hateful or inflammatory;

  • Promote violence or any illegal activity;

  • Infringe any copyright, trademark, or other intellectual property right of any other person;

  • Be made in breach of any legal duty owed to any other person, such as a contractual or other duty of confidence

  • Abuse or invade another person's privacy or cause annoyance, inconvenience or needless anxiety

  • Be used to impersonate any person or misrepresent your identity or affiliation with any person; or

  • Give the impression that they emanate from the Company, if that is not the case.

 

The Company will determine, in its sole discretion, whether there has been a breach of these content standards through your use of the Site. When the Company determines that a breach has occurred, the Company may take such action as it deems appropriate, including but not limited to one or more of the following:

  1. Immediate, temporary or permanent withdrawal of your right to use the Site;

  2. Immediate, temporary or permanent removal of any Contribution by you

  3. Legal proceedings against you for reimbursement of all costs (including but not limited to administrative and legal costs) incurred by the Company resulting from the breach; and

  4. Disclosure of such information to law enforcement authorities as the Company deems reasonably necessary

In no event shall the Company be liable for any actions taken in response to any breach of these content standards.

OTHER TERMS & CONDITIONS

 

Additional terms and conditions may apply specific portions or features of the Site, including contests, promotions or other similar features, all of which are made a part of these Terms of Use by this reference. You shall abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. The Company's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. The Company may make changes to any products or services offered on the Site at any time without notice. The materials on the Site with respect to products and services may be out of date, and the Company makes no commitment to update the materials on the Site with respect to such products and services except as required by applicable law.

Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The Company makes reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and the Company cannot guarantee that your computer will accurately display such colors.
 

HEALTH RELATED INFO


Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product labels and packaging prior to use. Information available on or through the Site is not meant to substitute the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating a health condition or disease.
 

ACCOUNTS/ PASSWORDS


Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account. You shall notify the Company immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by the Company or any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else's account at any time without the express permission and consent of the holder of that account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
 

PRIVACY


Your use of the Site and any information provided by you or gathered by the Company or third parties during any visit to or use of the Site is governed by the Company's Privacy Policy which is incorporated by this reference. You agree to the Company's collection, use and sharing of your information as set forth in the Privacy Policy.

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

LINKS TO THE SITE

 

SkullCandyEnergy prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without SkullCandyEnergy's prior written consent. Similarly, SkullCandyEnergy prohibits the running or displaying of this Site or any Content in frames or through similar means on another website without Your Whey's prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
 

LINKS TO OTHER SITES


The Company prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without the Company's prior written consent. Similarly, the Company prohibits the running or displaying of this Site or any Content in frames or through similar means on another website without the Company's prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
 

DISCLAIMERS


THE COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITE AND ANY PRODUCTS OR SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. THE COMPANY FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. IN THE EVENT OF ANY PROBLEM WITH THE SITE, YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THESE LIMITATIONS OF RELIEF ARE A PART OF THE BARGAIN BETWEEN THE PARTIES.

The Company reserves the right to do any of the following, at any time, without notice: (i) modify, suspend or terminate operation of or access to the Site or any portion of the Site; (ii) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (iii) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
 

LIMITATION OF LIABILITY

 

Except where prohibited by law, in no event will the Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Company has been advised of the possibility of such damage.
 

VIOLATION OF TERMS OF USE


The Company may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if it determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. Any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to the Company for which monetary damages would be inadequate. You consent to the Company obtaining any injunctive or equitable relief should the Company deem such action to be necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.

If the Company takes any legal action against you as a result of your violation of these Terms of Use, the Company will be entitled to recover from you, and you shall pay, all reasonable attorneys' fees and costs of such action in addition to any other relief granted to the Company. Under no circumstance will the Company be liable to you or any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

DISPUTES; ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRAIL BY JURY, GOVERNING LAW; JURISDICTION



PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH THE COMPANY, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
 

  1. Applicability of Arbitration Agreement.

    • Any dispute or claim relating in any way to your use of the Site or to any products or services sold or distributed by the Company through the Site that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below, except that you and the Company are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

  2. Arbitration Rules.

    • The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with these Terms of Use ("Arbitration Rules"). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

      The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing and the location of any such hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  3. Additional Rules for Non-appearance Based Arbitration.

    • If nonappearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

  4. Authority of the Arbitrator.

    • The arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms of Use. 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 arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.

  5. Waiver of Jury Trial.

    • You and the Company hereby waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and the Company waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

  6. Waiver of Class or Consolidated Actions.

    • All claims and disputes within the scope of this agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

  7. Confidentiality.

    • No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this agreement to arbitrate, to enforce an arbitration award, or to seek injunctive or equitable relief.

  8. Small Claims Court.

    • Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.

  9. Courts.

    • In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree that such disputes shall be governed by the laws of the United Kingdom.

  10. Survival.

    • This Arbitration Agreement will survive the termination of your relationship with the Company
       

VOID WHERE PROHIBITED


The Company administers and operates the Site from its location in STAFFORD,UK. Other Company sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
 

MISC.


If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and the Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and the Company with respect to such use are hereby superseded and cancelled. The Company will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The Company's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by the Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
 

FEEDBACK & INFORMATION


Any feedback you provide at the Site shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. The information contained in the Site is subject to change without notice.
 

LAST UPDATED: November 14TH 2019

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SkullCandyEnergy® is a Registered Trademark.

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