Lalo Terms of Service
Effective Date: March 12, 2019
Last Updated: March 12, 2019
Agreement to Terms. By using our Services, you represent that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with Lalo, and (3) you have the authority to enter into the Terms personally. If you do not agree to be bound by these Terms, do not use the Services.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND LALO THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so in a material manner, we’ll let you know either by posting the updated Terms on the Site or through other communications, such as e-mail. It is important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you agree to be bound by the updated Terms. If you do not agree to be bound by the updated Terms, then, except as otherwise provided in Section 16(f) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
- Who May Use the Service?
(a) Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Lalo and are not barred from using the Services under applicable law.
(b) Registration and Your Information. In order to access certain features of the Services, such as registering for certain giveaways or promotions that we may offer from time to time, posting a product review, or becoming a member of the Referral program, you may be required to become a Registered User. For the purposes of the Terms, a “Registered User” is a user who has registered an account on the Site (“Account”).
(c) Accuracy of Account Information. In registering an Account, you agree to provide us with accurate, complete and up-to-date information for your Account and you agree to maintain and promptly update such information to keep it accurate, complete and up-to-date. If you don’t provide accurate, complete and up-to-date information, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Feedback. We welcome feedback, comments and suggestions for improvements to the Services and Products (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose in connection with Lalo’s business.
Purchase of Products. You may purchase Products in our online store accessible on the Site. All Products, specifications, and prices described on the Site are subject to change at any time without notice.
(a) Payments. When you purchase a Product and make a payment via the Site (each such purchase, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By providing us with your credit card number and associated Payment Information, you agree that Lalo is authorized to immediately charge your card for all fees due and payable to us and that no additional notice or consent to do so is required.
(b) Prices. Prices for the Products will be displayed in US dollars.
(c) Taxes. If Lalo determines we have a legal obligation to collect a Sales Tax from you in connection with these Terms, Lalo shall collect such Sales Tax in addition to the payments required under this Section 6. If any Services, or payments for any Services, under the Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Lalo, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Lalo for any liability or expense we may incur in connection with such Sales Taxes. Upon Lalo’s request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
(d) Shipping. Products purchased via the Site will be shipped to the address you designate as the shipping address during the check-out process. Shipping restrictions apply (please visit www.meetlalo.com/help/shipping for more information). The applicable shipping rates will be displayed during the checkout process and must be in the United States.
(e) Returns. You may return Products that you purchase via the Site in accordance with Lalo’s return policy available on the Site (please visit www.meetlalo.com/pages/return-policy for more information).
(f) Warranty. The Products are covered by a limited warranty as described here www.meetlalo.com/pages/family-warranty.
- Offer Codes; Spokespeople.
(a) Offer Codes. From time to time, Lalo may offer promotional or offer codes that are redeemable towards a purchase of Products on the Site (“Offer Codes”), subject to expiration dates, Product exclusions and any other restrictions as may be determined and communicated by Lalo in its sole discretion. Only valid Offer Codes provided by Lalo will be honored by Lalo. Each Offer Code offered by Lalo (i) is non-transferable, (ii) is valid for one single purchase on the Site, (iii) cannot be combined with other promotions, discounts or offers, and (iv) cannot be redeemed for cash or any cash equivalent. Offer Codes cannot be used towards purchase of non-Lalo branded merchandise, taxes, or shipping charges. Lalo is not responsible for any unauthorized use of Offer Codes. The monetary value of the Offer Code will not be refunded or credited back if the Product purchased using the Offer Code is returned. Offer Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Offer Codes cannot be used in conjunction with the Lalo Referal program.
(b) Offer Codes from Spokespeople. From time to time, Lalo may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of our brand. If you receive an Offer Code from a third party source, please note that such individual may have been compensated by Lalo for his or her statements.
- Access to the Site; User Content.
(a) License. Subject to these Terms, Lalo grants you a non-transferable, non-exclusive, revocable, limited license to (i) use and access the Site solely for your own personal, noncommercial use; and (ii) access, download and use the content and information made available by Lalo on the Site (“Content”) solely or personal, noncommercial purposes.
(b) Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Content (excluding User Content) are owned by Lalo. Neither these Terms nor your access to the Site transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in this Section. Lalo reserves all rights not granted in these Terms. There are no implied licenses granted under these Terms.
(c) Modification. Lalo reserves the right, at any time, to modify, suspend or discontinue the Site, in whole or in part, with or without notice to you. You agree that Lalo will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
(d) No Support or Maintenance. You acknowledge and agree that Lalo will have no obligation to provide you with any support or maintenance in connection with the Site.
(e) User Content. “User Content” means any Content that Site visitors (including Account holders) provide to be made available through the Services, including Product reviews. Lalo does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. By making any User Content available through the Services, you hereby grant to Lalo a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services to you and to other Site visitors. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Lalo on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(f) Lalo Enforcement Rights. Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content (including without limitation User Content), we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
General Prohibitions. You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual element within the Services, Lalo’s name, any Lalo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Lalo’s express written consent;
(c) Access, tamper with, or use non-public areas of the Services, Lalo’s computer systems, or the technical delivery systems of Lalo’s providers;
(d) Attempt to probe, scan or test the vulnerability of any Lalo system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Lalo or any of Lalo’s providers or any other third party (including another user) to protect the Services or Content;
(f) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Lalo or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) Use any meta tags or other hidden text or metadata utilizing an Lalo trademark, logo URL or product name without Lalo’s express written consent;
(i) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(n) Impersonate or misrepresent your affiliation with any person or entity;
(o) Violate any applicable law or regulation; or
(p) Encourage or enable any other individual to do any of the foregoing.
DMCA/Copyright Policy. Lalo respects copyright law and expects its users to do the same. It is Lalo’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you have an intellectual property rights-related complaint about material posted on the Services, you may contact our Designated Agent at the following address:
Love All Little Ones, Inc.
ATTN: Legal Department (Copyright Notification)
43 Crosby St, 4th Floor
New York, NY 10012
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must comply with elements of notification as described in 17 U.S.C. §512.
[NOTE TO LALO: The DMCA is designed to insulate service providers from monetary liability arising out of the storage of user generated content that infringes a third party’s copyrights (e.g., product reviews). To get the benefit of the DMCA (which only requires that a compliant service provider “take down” the allegedly infringing content), you must register an agent with the US Copyright Office ($6 every three years). We recommend you go ahead and register given that the cost is so low, and include the applicable contact information below.]
Links to Third Party Websites or Resources. The Services may contain links to third-party websites or resources. When you click on a link to a third-party website or resource, we will not warn you that you have left our Site and you are subject to the terms and conditions of another website or resource. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
- Term and Termination.
(a) Term. The Terms commence on the date when you accept them (as described above) and remain in full force and effect while you use the Site and/or Services, unless terminated earlier in accordance with Section 10(b).
(b) Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You agree that Lalo shall not be liable to you or any third party for any termination of your Account. You may cancel your Account at any time by sending an email to us at email@example.com.
(c) Effect of Termination. Termination of any Service includes removal of access to such Service and barring further use of the Service. Termination of all Services also includes deletion of your password and all related information and content associated with or inside your Account. Upon any termination, discontinuation or cancellation of the Services and/or your Account, the following Sections will survive: Access to the Site, Warranty Disclaimers,, Limitation of Liability, Dispute Resolution, General Terms, and any other provision which, by its nature, is intended to survive termination.
Warranty Disclaimers. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS OTHERWISE PROVIDED IN THE WARRANTY TERMS, THE PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHTHER EXPRESS OR IMPLIED, INLCUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM USE OF THE SITE. This Section does not affect in any way our return policy or limited warranty for Products purchased on the Site. If for any reason you are not satisfied with a purchase you make on the Site, please return it in accordance with the terms of our return policy or limited warranty, as available at [INSERT LINK].
(a) Except as set forth in our limited warranty, we make no warranty that the Products or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
(b) Any Content accessed through the Services is accessed at your own risk, and you shall be solely responsible for any damage to your property, including, but not limited to, your computer system and any device you use to access the Services, or any other loss that results from accessing such content.
(c) The Services may be subject to delays, cancellations, and other disruptions. We make no warranty with respect to the Services, including, but not limited to, the quality, effectiveness, reputation and other characteristics of the Services.
Indemnity. To the fullest extent permitted by law, you will indemnify and hold harmless Lalo and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content in a manner not authorized by these Terms, (ii) your User Content, or (iii) your violation of these Terms.
- Limitation of Liability.
(a) NEITHER LALO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LALO OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT WILL LALO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO LALO FOR THE PURCHASE OF THE PRODUCTS OR USE OF THE SERVICES OR CONTENT, AS APPLICABLE, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO LALO.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LALO AND YOU AND APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Dispute Resolution. Please read the following arbitration agreement in this Section carefully. It requires you to arbitrate disputes with Lalo and limits the manner in which you can seek relief from us.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Products, Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Lalo agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Lalo are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions and Opt-out. As limited exceptions to Section 16(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at firstname.lastname@example.org or by regular mail at 43 Crosby St, 4th Floor, New York, NY 10012 within thirty (30) days following the date you first agree to these Terms.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Jury Trial Waiver. YOU AND LALO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Lalo are instead electing that all claims and disputes shall be resolved by arbitration, except as specified in Section 16(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
(f) Class Action Waiver. YOU AND LALO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Lalo changes any of the terms of this Section 16 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Lalo’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Lalo in accordance with the terms of this Section 16 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
(h) Severability. With the exception of any of the provisions in Section 16(e) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
- General Terms.
(a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Lalo and you regarding the Site, Products, Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Lalo and you regarding the Services and Content.
(b) Notices. Any notices or other communications provided by Lalo under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights. Lalo’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lalo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
(d) Compliance with Laws. You shall comply with all applicable laws, including, but not limited to, as applicable, the EU General Data Protection Regulation and its requirements related to capturing verifiable consent, obtaining parental consent, responding to data subject requests, complying with international data transfer laws and other requirements relating to personal information, data localization, cookies and recordkeeping requirements.
(e) Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of New York. Except as otherwise expressly set forth in Section 14 “Dispute Resolution” the exclusive jurisdiction for all Disputes (defined above) that you and Lalo are not required to arbitrate will be the state and federal courts located in the State of New York, and you and Lalo each waive any objection to jurisdiction and venue in such courts.
(f) Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Lalo’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Lalo may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(g) Severability. With the exception of the class action waiver, if any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
(h) Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Contact Information. If you have any questions about these Terms, the Site, or the Products or the Services, please contact Lalo at firstname.lastname@example.org.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York, New York before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Lalo’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.