PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH LEAF SHAVE ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION SET FORWARD BELOW. PLEASE READ IT CAREFULLY.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through our services and products.
The term “Razor” and “Razors” includes only the Leaf Razor™ the Thorn Razor, the Twig Razor and the Dermaplaner, as the case may be.
Universal Warning Language
Body: Razor blades are sharp and are only to be used for their intended use of shaving! Please use caution when handling razor blades and your Razors. Keep them out of the reach of children and dispose of used razor blades properly, including in an environmentally-friendly manner.
Website Return Policy [important]
If, for any reason, you aren’t satisfied with your Razors, razor stand or blade disposer, we will refund 100% of your purchase price (less discounts) within 60 days of your purchase, together with any sales taxes you paid when purchasing from Leaf Shave (unless that product is not eligible for returns as noted on the product page). You must return the products in order to receive this refund. Before you return your items, you will need to notify us of your intent to return any such items and you will receive an authorization with return instructions. Please Note: You will be responsible for the cost of returning your Leaf Shave product to us, and your returned items must be sent within 10 business days of return authorization approval.
Leaf Shave Lifetime Limited Warranty [important]
Your Razors are covered by a lifetime limited warranty. This limited warranty gives you specific legal rights, and you may also have other rights which vary by the state, province or country in which you live. NO OTHER EXPRESS WARRANTY IS GIVEN, LEAF SHAVE DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT MAY ARISE FROM YOUR PURCHASE OR USE OF THE RAZOR. Some states, provinces or countries may not allow such limitation, in which case the foregoing may not apply to you.
PRODUCTS COVERED BY THE LIMITED WARRANTY
This limited warranty extends to all Razors manufactured by Leaf Shave and purchased directly from Leaf Shave or our authorized retailers. This warranty does not cover your Razor if you use them in a manner incompatible with their intended design. This warranty does not cover any of our other services.
TO WHOM THIS WARRANTY EXTENDS
This limited warranty extends to the original purchaser of any Razor or, in the case of a gift, the original recipient of the Razor. The “original purchaser,” for the purposes of this warranty, is the first purchaser of the Razor from Leaf Shave or any of our authorized retailers. The “original recipient” for the purposes of this warranty, is the first receiver of a Razor purchased as a gift from Leaf Shave or any of our authorized retailers. All Leaf Shave warranties are valid only for the period of time the Razor is owned by the original purchaser or original recipient. A COPY OF THE RECEIPT IS REQUIRED TO DETERMINE WARRANTY APPLICABILITY.
Notwithstanding the foregoing, Leaf Shave’s limited warranty is not transferable and not applicable to use of the Razor for commercial purposes.
LEAF SHAVE’S LIMITED WARRANTY AND RESPONSIBILITIES
Leaf Shave warrants the Razor in its original packaging sold to you against any defect that arises due to faulty materials or workmanship as set forth below (“Defects”) forever, when the Razor is used by the original purchaser or original recipient normally for its intended purposes.
WHAT THIS LIFETIME LIMITED WARRANTY COVERS
THIS LIMITED WARRANTY APPLIES TO THE FOLLOWING DEFECTS ONLY:
– Screw closure mechanisms that no longer work
– Pivot mechanisms that no longer work as intended
– Springs that have broken or fallen out
– Magnets that have fallen out
– Zinc-aloy parts that have fractured under normal use
THIS LIMITED LIFETIME WARRANTY DOES NOT COVER ANY OF THE FOLLOWING:
– “Cosmetic Damage” which is defined as scratches, scuffs, stains, color changes, normal wear and tear, or other non-functional changes in the appearance of the Razor that occurs during normal handling and use of the Razor by any party and which does not impair the functionality of the product as a shaving tool. Matte finishes are particularly susceptible to Cosmetic Damage.
– Blades for your Razor, which you will need to replace as needed to enable a close and comfortable shave with your Razor.
– Any Razor sold by any person or entity who is not one of our authorized retailers.
– Razors sold “as-is”, “preconditioned”, “reconditioned”, “used”, “refurbished”, “returned”, “previously owned”, “ugly duckling”, or any other similar wording indicating that the Razor is not “new” or of “first quality”, or has previously been purchased or used by another customer.
– Loss of functionality due to user modification or alteration of the Razor in any way.
– Loss of functionality due to extreme neglect evidenced by the visual condition of the razor and mechanisms. For details on how to care for your razor, [visit here].
In the event of a Defect, Leaf Shave’s sole and exclusive liability and your sole remedy under this limited warranty will be, at Leaf Shave’s option, to provide a repaired or replacement Razor, or refund of your purchase, subject to your fulfillment of “Your Responsibilities” below. The replacement Razor may be provided in any finish different from the Razor you originally purchased, though a commercially reasonable effort will be made to match the original finish. For limited edition, discontinued or out-of-stock Razors covered under the limited warranty, Leaf Shave guarantees only replacement of a product with equal or greater retail value and does not guarantee exact replacement of the same limited edition, discontinued or out-of-stock item.
In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Razor to Leaf Shave and provide us with proof of the original receipt of purchase. If your warranty service request is within 3 (three) years of the original purchase date of your Razor, you will not be responsible for shipping costs required to return your Razor. If the date of original purchase is more than 3 (three) years from your warranty service request, you will be responsible for paying all applicable return shipping fees. International (non-US) customers are responsible to pay any import or customs charges or taxes levied by your country when importing a replaced or repair razor. Evidence of a Defect and any claims must be sent to Leaf at this email address: firstname.lastname@example.org.
At its sole option, Leaf Shave will repair or replace and ship your Razor back to you or refund your purchase within 30 days after receiving your original Razor and request for warranty service. At Leaf Shave’s discretion, prior to return of the original razor, you may receive a replacement and a pre-paid return label for return of the original Razor.
Replaced or repaired Razors are subject to the same limited warranty as the original Razor.
DISCLAIMER, LIMITATION ON LIABILITY
Your use of our services and products, including without limitation the Razor and razor blades and accessing the Content, is at your own risk. We do not have a special relationship with or a fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which users gain access to our services or products or how you may interpret or use the Content. You release Leaf Shave and its officers, directors, agents, contractors, representatives and employees from any and all liability arising out of or related to the Content you’ve acquired or not acquired through our services or products. We make no representations concerning any Content accessed or accessible through our services or products, and we will not be responsible or liable for the accuracy, copyright compliance or legality of material or Content contained in or accessible through our services or products.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. WITH THE EXCEPTION OF THE FOREGOING LIFETIME LIMITED WARRANTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEAF SHAVE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED WITHOUT LIMITING THE FOREGOING. SUBJECT TO THE LIFETIME LIMITED WARRANTY, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, PARTNERS, REPRESENTATIVES AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES AND PRODUCTS WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES AND PRODUCTS IS SOLELY AT YOUR OWN RISK. SOME STATES, PROVINCES OR COUNTRIES LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY DO SO.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIFETIME LIMITED WARRANTY, IN NO EVENT WILL LEAF SHAVE OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE RAZOR OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF YOU HAVE BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. LEAF SHAVE’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE RAZOR GIVING RISE TO SUCH LIABILITY.
SOME STATES, PROVINCES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THEY DO SO.
Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES OR PRODUCTS (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the lesser of (A) fees paid to us for the particular services or product(s) during the immediately previous three (3) month period or (B) $500.00.
To sign up for our services, you must register for an account on our site (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene; or (iv) use your Account in any manner that would be unlawful. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for our services or products without permission. You must notify us immediately in writing of any change in your eligibility to use our services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
Notices and Restrictions
The services may contain Content specifically provided by us, our partners or other third parties and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You will abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through our services.
Availability of Content
Rules of Conduct
You will not: (i) take any action that imposes or may impose an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure (as determined by us in our sole discretion); (ii) interfere or attempt to interfere with the proper working of our services or any activities conducted on our services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to our services (or other accounts, computer systems or networks connected to our services); (iv) run any form of auto-responder or “spam” on our services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of our site; (vi) harvest or scrape any Content from our services; (vii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate, (viii) upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (ix) otherwise take any action in violation of our guidelines and policies.
You will not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of our services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of our services or products, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You will abide by all applicable local, state, provincial, national and international laws and regulations.
Except for purchases by our authorized dealers, all orders of our products must be for personal use only. Except for purchases by our authorized dealers, by purchasing our products, you hereby agree not to resell or distribute such products for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any and all orders that you place.
Our services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to our services. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. These third-party resources may also have their own terms and conditions applicable to their sites and services, and we encourage you to review all such third-parties’ terms and conditions. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and your financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account immediately upon demand.
Some of the Paid Services, such as the purchase of auto-replacing razor blades or other products, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. More information on auto-replacing products can be found at our FAQ Page. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment.
WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO WWW.LEAFSHAVE.COM
Current Information Required
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT WWW.LEAFSHAVE.COM. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED OR UPDATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Change in Amount Authorized
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state, province, or country sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-renewal for Subscription Services
Unless you opt out of auto-renewal, which can be done through your Account Settings, any subscription services, such as any auto-replacing products (“Subscription Services”), you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change, alter or delete your Subscription Services at any time, go to Account Settings. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. All fees related to Subscription Services are fully earned upon payment.
Reaffirmation of Authorization
Your non-termination or continued use of a Paid Service (including Subscription Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
Arbitration Clause & Class Action Waiver [important]
Please review as this affects your legal rights.
ARBITRATION; WAIVER OF JURY TRIAL
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Jurisdiction
Entire Agreement and Severability
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one coupon code per order. Coupon codes generally expire and are no longer valid for redemption 90 days after the date of generation, but certain coupon codes may have a longer or shorter redemption period as specified in connection with the coupon code itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed or restricted. Leaf Shave reserves the right to change or limit coupon codes in its sole discretion at any time.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
1. 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. Message frequency varies.
2. 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 acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Leaf Shave and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. 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.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. 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. Carriers are not liable for delayed or undelivered mobile messages.
8. 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.
9. Age Restriction: You may not use or 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.
10. 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.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. 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 Stonington, Connecticut 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 Leaf Shave’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 THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class 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.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. 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.
You may contact us at the following addresses:
firstname.lastname@example.org or Leaf Shave Company, 48 Taugwonk Spur Road, Unit 2, Stonington, CT 06378.
January 23, 2023