Terms & Conditions
Pearl and its associates, successors and assigns (collectively referred to as ‘us’, ‘we’ and ‘our) are providing their goods and services to you (the person making an order with us) subject to the following terms, which are also known as our terms and conditions of trade (“Terms of Trade”). By agreeing to purchase a product from us, you agree to be bound by these Terms of Trade.
If you need to contact a Pearl representative please fill out the form on our ‘Contact’ section of our website otherwise contact us on email@example.com. Pearl reserves the right to change and alter these terms without giving prior notice and it is up to the user of the website to take responsibility to return to this page to review any changes that have been made. Any changes made to these Terms take effect from the exact time of posting on this website. It is advised before the purchase of any product that you review this section. The last time these Terms and Conditions were altered was in May 2018.
1.0. Money Back Guarantee
We have absolute confidence in providing the best Teeth Whitening Kit in the world. That's why we have our 100% Money Back Guarantee.
We guarantee that your teeth will improve by a minimum of 2 shades whiter after using our Teeth Whitening Kit. Ensure you have timestamped pictures from before using and after using the product consistently for at least 7 days.
In the unlikely event that you find this is not the case with your Pearl™ experience please see below.
To qualify for our money back guarantee simply follow the instructions below:
1. Take a photo of your teeth before using our Teeth Whitening Kit (within 2 days of when you received the kit)
2. Take a photo of your teeth after completion of The Kit, along with a photo of the used product. Photos must be time stamped to qualify.
Email our customer experience team (firstname.lastname@example.org) with the above
Your application will be processed within 3 days of submission.
Please remember to submit your application within 30 days of receiving the product/s and that the photos have valid date and time stamps.
Applications that do not meet this criteria will not be approved for refund. We reserve our right to reject a refund request in the event that we are not satisfied (acting reasonably) with the supporting evidence you provide to us.
The money back guarantee does not apply to the free trial of The Kit, neither does it apply to any other product on our store.
2.0. Prices, Payment and Product Availability
Once an order has been made, you must pay the price stated on our website as being the purchase price for the relevant products (subject to the below paragraphs). It is your responsibility to confirm what is in your cart prior to making a purchase. We do not provide refunds for products that are mistakenly purchased. Payment may only be made in the methods provided on our website. We will not ship any ordered products until payment for those products have been received. Unless otherwise stated, the price of our products does not include shipping and handling costs.
By placing an order with us, you warrant and represent to us that:
You understand the nature and effect of these Terms and agree to be bound by them; You are authorized and legally permitted to purchase the products being ordered; You are authorized and legally permitted to effect payment for the products being ordered using the payment method selected; The information provided to us in connection with your purchase is accurate and complete.
You agree to indemnify us against any and all expenses, losses, damages or costs that we may sustain or incur in connection with any breach by you of the above warranties.
Pearl will attempt to make the product and quantities advertised on this site available at all times. However this cannot always be guaranteed. Pearl does not make any warranties with respect to the availability of its products and will not be liable for any products that are not available at the time of your checkout. The customer will be notified as soon as is reasonably possible when this occurs and advised on what to do to solve this problem. With the exception of those products purchased on a subscription basis, Pearl’s prices are subject to change without notice.
Pearl reserves the right to refuse or terminate/cancel orders when there has been website malfunction or error such as technical difficulty, an incorrect price has been displayed, your billing or shipping information is incorrect, we have grounds to believe that you are not authorized or legally permitted to make the relevant purchase, we have grounds to believe that you have breached these Terms or any force major events have occurred.
Notification to the customer will be facilitated immediately after this has been notified to us and any payment already received from the customer will be refunded.
We may, from time to time, run promotions where certain products, or a combination of products, are offered for sale at a discounted price.
All promotions are subject to availability and while stocks last.
Any products purchased outside of the advertised time frame set out by Pearl™ will not be eligible for the promotional price. Where there is no promotion period specified, the relevant promotion will end when it is discontinued on Pearl™'s platforms.
4.0. Terms of Product Use
You must only use the products in accordance with the instructions provided and only for the purpose in which they are provided. Nothing in these terms provide you with any entitlement or right to sell, licence or distribute our products to third parties.
This site is solely an online store for oral/beauty products. This website is not a substitute for professional medical advice, however we do advise to consult your health care practitioner/dentist/doctor/ or physician before the purchase of any products listed. Your physician or health care practitioner can address any concerns, medical questions and queries regarding the possible treatment of any medical condition. Pearl™ does not, and is not, able to give or intend to provide any advice in connection with your medical related questions. This website does not replace any medical professional resource.
We do not represent ourselves as a doctor/physician and nor is this implied. Whiteness from this product will vary from customer to customer depending on factors such as the structure of one’s teeth, the number of times it is being used and the duration of time on each whitening session. Teeth whitening may not be uniform due to the difference in people’s teeth and, unless you meet the criteria for our Money Back Guarantee, Pearl is not liable to you for any undesired results. Whitening fades with time and a regular up keep is recommended in order to maintain white teeth. Whitening products will not whiten dental work such as veneers, crowns, bridges or cavities. By placing an order through Pearl you accept all risks associated with the product as well as any complications that may arise as result of your use of the product.
IF YOU NEED MEDICAL ATTENTION, CALL 911 (In America) OR YOUR DOCTOR IMMEDIATELY.
PEOPLE UNDER THE AGE OF 18, WHO ARE PREGNANT, HAVE HEALTH PROBLEMS, PERIODONTAL DISEASE OR GUMS THAT ARE IN POOR CONDITION, OVERLY SENSITIVE TEETH, WEAR BRACES, HAD RECENT ORAL SURGERY, DECAYED TEETH, HAVE ROOTS EXPOSED, HAVE COLITIS, HAVE JAW PROBLEMS, OR ARE ALLERGIC TO ITEMS INSIDE THE GEL SHOULD CONSULT A RELEVANT MEDICAL PROFESSIONAL BEFORE USING THIS PRODUCT. It remains the user’s responsibility to ensure you are not allergic to ANY of the ingredients inside the gel or product before using.
5.0. Shipping and Handling Information
All orders placed (other than those placed in peak periods) will be dispatched from our warehouse within 3 business days (based on the time in Los Angeles, USA). In peak periods, please allow for up to 6 business days for dispatch.
Deliveries will be made to the shipping address nominated by you and it is your sole responsibility to ensure that the address provided is complete and accurate.
We are not responsible for delays, lost or damaged shipments or orders sent to incorrect, invalid addresses or correct addresses. In the event that a product is lost in transit, Pearl will help as much as is reasonably necessary to trace a missing parcel.
Orders may end up being returned to us for various reasons including, non-payment of fees, duties or taxes, incorrect address, unclaimed at post office, etc. If a package is returned or rejected, the customer will need to email email@example.com to arrange re-delivery and will also have to pay for all postage costs.
Risk in the products purchased will pass to you once delivery has been made to your nominated address.
Please direct any shipping related inquiries to firstname.lastname@example.org.
5.1. Shipping Time-Frames
Australia Post Standard: 6-12 Business Days
Australia Post Express: 1-2 Business Days
Tracked Standard: 6-10 Business Days
DHL Express: 2-4 Business Days
Royal Mail: 6-12 Business Days
DPD Next Day: 1-2 Business Days
Suisse Post Tracked: 5-15 Business Days
Suisse Post Express: 2-5 Business Days
Suisse Post Tracked: 5-30 Business Days
US Armed Forces:
Untracked Standard: 25-35 Business Days
*All shipping times exclude clearance/customs delays and any other delays caused in circumstances that are outside of our control.
Please note that all shipping time frames are from the date of dispatch, not the date that your order is made.
5.2. Taxes, Fees and Duties
When, or after delivery is made, there may be fees, duties, import/export and excise taxes, as well as other fees or assessments which may be assessed or levied by any national, State, or local government and any of their departments and subdivisions in relation to the ordered products. These charges are not included in the original shipping charge, and must be paid by you in addition to the amounts stated on our website. You will not be entitled to payment or reimbursement by Pearl for those charges. If you fail to pay the required fees, duties, taxes or assessments and the items are returned to us, we will provide you with a refund for the returned products minus the return delivery costs.
If you are unsure of the charges and whether you will be affected, please contact your local customs office.
6.0. 14 Day Free Trial Program
Pearl offers customers the opportunity to participate in our 14 day free trial program. Only select customers are chosen to participate in the free trial and are enrolled by purchasing one of our conditioning pens, where we agree to waive the fee of the pen (the customer pays a shipping and handling fee) and in return the customer agrees to be enrolled in our membership program. We also offer all participants a free activation light that ships with the conditioning pen.
Please note, your automatic enrollment consists of 2 pens ($40 value). This first set of refills is billed the day after the trial finishes (day 15). After this, you will be shipped a new pack of refill pens every 30 days.
After 14 days (day 15 is the day you will get billed for your first refill) you may cancel, downgrade or take a subscription vacation at anytime after the first refill is paid for by reaching out to our support team. You may skip as many months as you like after the trial ends, there is no obligation to buy. Even if you decide to skip any month.
It is your responsibility to ensure that you have sufficient funds in your nominated account to satisfy payment for your subscription during each billing period and you agree to reimburse us for any loss or damage suffered by us in connection with your non-payment of the subscription fee.
To cancel, please email our team email@example.com and allow up to 2 business days for a response.
6.1. Cancelling before the 14 day Trial is Over
You may only cancel 7 days AFTER you purchase, please cancel 24 hours before your billing cycle occurs, as we need 24 hours to respond. Failing to do so may result in you being billed and it is non-refundable.
7.0. Returns Policy
If you consider that an item is defective and you are entitled to a replacement or a refund, you must first email firstname.lastname@example.org and describe your problem.
Results will vary greatly from person to person, depending on the type of teeth or conditions of teeth/stains the user has. It may take a number of months to completely rid your teeth of tough stains. We here at Pearl are not able to refund purchases unless the product is defective or you qualify for a refund in accordance with our Money Back Guarantee.
Subject to the below paragraph, Pearl will offer a refund for defective items only if the defective product is returned to us, or you provide us with a video demonstrating (to our satisfaction) that the product is defective, within 30 days of your receipt of the same. We will review your claim as soon as we can and, if we are satisfied that your product is defective, we will provide you with a refund for the defective product.
We offer a lifetime warranty on our activating light if you're part of our Smile Club Trial. If at any time following your receipt of the activating light, it no longer works for any reason and you have used it in accordance with our instructions, we will provide you with a replacement activating light free of charge. To make a claim under this warranty, you can either return the activating light to us, or provide us with a video demonstrating how the activating light is no longer working. We will review your claim as soon as we can and, if the reason of malfunction is valid, we will send you a new activating light.
If you elect to return the defective product to us, it is your responsibility to pay for shipping costs upon return. Refund will be limited to the cost of the item being returned via regular post, not express. An item returned via express is the responsibility of the user and a partial refund of only the actual regular mail will be refunded. It is the user’s responsibility to be aware of this.
8.0. Limitation of Liability
To the maximum extent permitted by the applicable law:
we do not make any warranties or representations other than those expressly set out in these Terms; and all terms, representations and warranties that may be excluded by law regarding our products and the provision of them are expressly excluded from these Terms. If any legislation implies into these Terms any term or warranty and also prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under, that term or warranty, is deemed to be included in these Terms.
To the maximum extent permitted by the applicable law, we expressly exclude liability for any:
indirect, special, incidental, or consequential loss or damage suffered by you which may arise in connection with these Terms, or the provision of our products, their use, or in respect of other equipment or property; loss, damage or expense that you may incur or suffer (as the case may be) as a consequence of any act or omission of any third party service provider; and loss of profit, business, revenue, goodwill or anticipated savings.
If any legislation or law implies into these Terms any term or warranty and also prohibits provisions in a contract excluding the application or exercise of that term or warranty then, to the maximum extent permitted by law, our liability for a breach of such a term or warranty will be limited, at our sole option, to any one or more of the following:
the supplying of our products again; or the payment of the cost of having the products supplied again.
To the maximum extent permitted by law, if for any reason we are directly or indirectly liable to you in respect of any products provided, our maximum aggregate liability in respect of all claims made by you will be the amount charged by us in respect of those products.
9.0. Resolving Disputes
If a dispute should arise between you and Pearl, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer's satisfaction by using our customer service, reachable by emailing Customer Service at email@example.com
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND PEARL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.
9.1. Agreement to Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Pearl agree to resolve any claims relating to this Program through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Pearl's intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Pearl may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Program shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or To initiate arbitration, you or Pearl must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Pearl will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Pearl will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Pearl, 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 Program terms. 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 Pearl.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR 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 Pearl in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND PEARL WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Pearl at firstname.lastname@example.org and providing the requested information as follows: (1) Your Name; (2) the URL of the Program terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by signing up for the Program.
9.2. Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Program Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California. This provision does not apply to residents of New Jersey.
The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Pearl, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
9.4. Additional Information on the Program
If you have any questions regarding the Program, you may email Customer Service at email@example.com.
Except to the extent owned by our suppliers or licensors, we own all Intellectual Property Rights subsisting in our website, our products and our branding. Nothing in these Terms or our website in any way grants you any right or entitlement of whatever nature in respect of our Intellectual Property Rights.
We reserve all rights, title and interests in our Intellectual Property Rights.
For the purposes of this paragraph, Intellectual Property Rights means intellectual property rights conferred by statute, common law or equity in any part of the world including (without limitation) patents, trademarks, copyright and neighbouring rights, designs, domain names, know how, circuit layouts, moral rights, rights in get-up, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registered or not, and all other rights of a like nature which are now or may in the future subsist or be conferred in relation to them by the law in force in any part of the world, including all renewals and extensions.
With the exception of those terms provided on our website, these Terms contain the entire agreement between the parties hereto and no representations, inducements, promises or agreements oral or otherwise not embodied herein shall have any force or effect other than as expressly provided in this document or subsequent to the date hereof in writing and signed by a proper and duly authorized representative of the party to be bound thereby.
If any provision of these Terms are prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.
These Terms are governed by and is to be construed in accordance with the law applicable in Los Angeles, USA.
Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Los Angeles, USA and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms.
Any failure or delay by us to exercise a power or right does not operate as a waiver of the power or right. The exercise of power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless in writing. A waiver of a power or right is effective only in respect of the specific instances to which it relates and for the specific purpose for which it is given.
You must not assign your rights or obligations pursuant to these Terms to any other person without our prior written consent.
You agree to send us an email to firstname.lastname@example.org to resolve any payment issues you may encounter with us and you agree to wait 30 business days before contacting your bank, payment transaction processor or payment gateway to file a chargeback or a dispute.
You agree to be liable for damages and business losses due to chargebacks or disputes made by you within 30 business days of your purchase and you also agree to appear in small claims court and be liable for our attorney's fees.
If your order or products fail to arrive and you have evidence that you've reached us via the email mentioned above and we did not get back to you or help you with a return or a refund request within 30 business days of your purchase, you may file a dispute or a chargeback with no liability.
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 [Pearl Products, for personal care].
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 [Los Angeles, CA] 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 [Things are Happening, LLC]’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.