Terms of service
Terms of Use Effective Date: September 9, 2019
Aloisia Beauty Products, Inc. dba Aloisia Beauty (together with its affiliates, “We” or “Our” or “Us”) welcomes you to its web site for Aloisia Beauty (collectively all elements of the web site in all formats, the “Site”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF ANY PART OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS OF USE.
BY USING THE SERVICE, YOU ARE AGREEING TO ARBITRATE DISPUTES AGAINST US IN YOUR INDIVIDUAL CAPACITY IN ACCORDANCE WITH SECTION 14 HEREOF, AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms of Use (these “Terms of Use”) constitute a binding agreement between Us and all users of the Site (“Users”, and you, as an individual user of the Site, “You” or “Your”) governing use of the Site, and all information and content made available to You (the “Materials”) through the Site.
Before using the Site, please read these Terms of Use carefully. If You do not accept and agree to these Terms of Use, You are prohibited from using the Site. Please note that these Terms of Use only apply to the Site.
We reserve the right to modify, alter or otherwise update these Terms of Use at any time, without prior notice, by posting any such modified, altered or updated version of these Terms of Use on the Site. We encourage You to check this page each time You use the Site. Our Privacy Policy for the Site is available in the “Privacy Policy” section, and is incorporated by reference herein. If You have questions about these Terms of Use, please contact Us at care@aloisiabeauty.com
OWNERSHIP OF MATERIALS All rights, including without limitation, intellectual property rights (including but not limited to copyrights, trademarks, trade secrets and patents), in the Materials (including, but not limited to, works of authorship, documents, designs, text, graphics, photos, logos, profiles, button icons, images, software, programs, code, formulations, digital downloads, statistics, data compilations/analyses, and illustrations) are Our property or the property of their respective holders, who may or may not be affiliated with, connected to, or sponsored by Us. We retain all rights in the individual pages, and their components, any improvements or modifications thereto; any derivative works of any of the foregoing; and the collection, arrangement, and assembly of the foregoing, including any collective works available through the Site. The Materials are protected by applicable intellectual property laws and treaty provisions, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, distributed, licensed or sold in any way, except as stated below. Our name, the Site, and the names and logos associated with these properties are Our intellectual property. All other names, trademarks and materials are the property of their respective holders. You shall not modify, license, publish, participate in the licensing, offering for sale or sale, create derivative works, or in any way exploit any of the Materials or other property interests of Ours, in whole or in part, except as expressly permitted under these Terms of Use, or unless expressly authorized to do so in writing by Us.
2. LICENSE We hereby grant You a non-exclusive, revocable, limited, non-transferable, non-sublicenseable license to personally, and not for any commercial purpose or for the benefit of any other entity, corporation, organization, individual or person, use the Site and access the Materials, subject to the conditions that (1) You may not modify, copy, distribute, display, reproduce, publish, license, create derivative works from, commercialize, offer for sale, sell or transfer any Materials, information, products or services obtained or accessed via the Site unless the law otherwise provides or We give You prior written permission; (2) in no circumstance shall title to any Materials found on the Site be transferred to You by the function of this license; (3) You may not use the Site or any of its Materials for any purpose that is unlawful or to solicit the performance of any activity that infringes upon Our rights or the rights of others; and (4) the scope of the license granted to use the Site and Materials may be further modified or limited by Us, in Our sole discretion. Except for information necessary to place an order, You should not send Us any confidential or proprietary information through the Site, any of Our social media pages or by email. You should not send Us any such confidential information by any means other than through the secure ordering portion of the Site. Any information, materials, suggestions, ideas, concepts, methods, designs or comments (collectively, “Submissions”) otherwise sent by You to Us will be considered non-confidential, and, by virtue of Your submission, You hereby grant to Us the absolute, irrevocable, transferable, sublicenseable right and license to use, modify, reproduce, transmit, display and distribute such Submissions for any purpose whatsoever, with no payment or other compensation due to You.
3. QUALIFICATION FOR USE AND ACCESS TO SITE To use the Site, You must be at least 18 years old. If You are under the age of 18, You may only use the Site with the involvement of a parent or guardian. The Site is not directed to children under the age of 13. We do not knowingly collect, use or disclose any User Information (as defined in the Privacy Policy from children under 13 years of age. By using the Site, You represent and warrant that You are at least 18 years old.
4. REGISTRATION In order to sign up to create an account on the Site (and to receive e-mail updates relating to Us and/or the Site (e.g., news, marketing)), You must provide Us with Your name and a valid, working e-mail address, and you must create a password to log in to Your account (individually and collectively, “User ID”). We are not liable for any harm related to the theft of Your User ID or Your authorization to allow another person or entity to access and use the Site using Your User ID. You agree to indemnify Us for any claims, damages, losses and liabilities that may be incurred or suffered by any party, including but not limited to Us and other Users, as a result of Your submission to Us of Your User ID, or Your failure to maintain the integrity of Your User ID.
5. ITEM DESCRIPTIONS AND AVAILABILITY. We attempt to be as accurate as possible when describing and displaying products on the Site. However, items may occasionally be mispriced, described inaccurately or unavailable (for example, due to delays with respect to updating the Site or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. FOR THESE REASONS AND OTHERS, WE DO NOT AND CAN NOT GUARANTEE THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF THE INFORMATION ON THE SITE, INCLUDING PRICES, PRODUCT IMAGES, DESCRIPTIONS, SPECIFICATIONS, AND INDICATIONS OF AVAILABILITY.
6. ORDERS AND SHIPMENT Nothing on the Site constitutes a binding offer to sell any products described on the Site or to make such products available to You or in Your area. We reserve the right at any time after receipt of Your order to accept, decline or modify Your order, or any portion thereof, in Our sole discretion, even after Your receipt of an order confirmation or after Your payment card has been charged. The prices displayed on the Site are quoted in U.S. Dollars and must be paid in U.S. Dollars. In the event any product is listed at an incorrect price on the Site, We reserve the right to refuse or cancel orders placed for such product, regardless of whether the order has been confirmed or Your payment card has been charged. If Your payment card has already been charged for the purchase and Your order is canceled, We will issue a credit to Your payment card account that was used to place the cancelled order.
You agree to pay all applicable taxes and shipping costs. Orders will be shipped to the address designated by You as long as that shipping address is compliant with the restrictions and requirements contained on the Site, which may be updated from time to time. All purchases from the Site are made pursuant to these Terms of Use, the Privacy Policy, Our Shipping Policy, Returns Policy, and any additional terms and conditions set forth on the Site or at the time of purchase. Risk of loss and title for items purchased from the Site shall pass to You upon Our delivery of the items to the carrier. In the event of any lost and/or damaged shipments, You are solely responsible for filing any claims with carriers relating to the same.
With respect to international shipments, You hereby authorize International Checkout and/or its service providers to act as Your agent to retain customs brokers and/or freight forwarders for the purpose of transacting customs business with all relevant customs and revenue authorities on Your behalf, including, but not limited to, arranging for the importation of each commodity ordered by You, assigning Harmonized System classification codes to each commodity, accounting for duties and taxes on your behalf, and managing any dispute with such authorities regarding customs classifications, applicable duties and/or taxes. You understand, and agree, that cost quotes are best estimates and may not always reflect the actual cost to International Checkout. You will incur no additional charges or refunds for the difference between the quotes and the actual cost to International Checkout. International Checkout’s services are intended for merchandise that is not being delivered for resale purposes.
7. GENERAL DISCLAIMERS THE SITE, ANY SERVICES, INFORMATION AND MATERIALS PROVIDED THROUGH THE SITE, AND ANY PRODUCTS OBTAINED THROUGH THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR CURRENT AND FUTURE PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, ATTORNEYS AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR REVENUE, OR FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE SITE OR MATERIALS, OR (2) RELIANCE ON THE SITE OR MATERIALS, OR (3) ERRORS, INACCURACIES OR OMISSIONS IN ANY MATERIALS AVAILABLE ON THE SITE, DEFECTS IN THE SITE, UNTIMELINESS, SECURITY BREACHES OR DISCLOSURES OF INFORMATION COLLECTED THROUGH THE SITE, OR (4) INFORMATION COMMUNICATED THROUGH PROFILES, FORUMS, BLOGS, CHAT ROOMS, MESSAGE BOARDS, COMMENTS OR OTHER SOCIAL NETWORKING FUNCTIONS, IF OR WHEN SUCH FUNCTIONS ARE MADE AVAILABLE, OR (5) THE SATISFACTION OF ANY GOVERNMENT REGULATION REQUIRING DISCLOSURE OF INFORMATION CONTAINED WITHIN THE SITE, OR (6) ANY UNAUTHORIZED DISCLOSURE OF USER INFORMATION OR OTHER INFORMATION (AS SUCH TERM IS DEFINED IN THE PRIVACY NOTICE OR OTHER COMMUNICATIONS, OR (7) ANY OTHER GROSS FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS, VENDORS, OR ORGANIZATIONS WITH WHICH WE CONDUCT BUSINESS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE.
MOREOVER, WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR MATERIALS OF THIRD PARTIES, AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE US, AND OUR CURRENT AND FUTURE PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, ATTORNEYS AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIMS YOU HAVE OR MAY HAVE AGAINST ANY SUCH THIRD PARTIES. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, OR THIRD PARTY SERVICES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE ARE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR CURRENT OR FUTURE PARENTS, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, ATTORNEYS OR AGENTS, NOR ANY OF THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE MATERIALS. WE MAY MAKE CHANGES TO THE MATERIALS, OR TO THE SITE OR TO THE SERVICES AND/OR PRODUCTS DESCRIBED THEREIN, AT ANY TIME WITHOUT NOTICE. WE MAKE NO COMMITMENT TO UPDATE THE MATERIALS. ANY DESCRIPTION OF MATERIALS IS NOT A REPRESENTATION THAT ANY SUCH MATERIALS ARE AVAILABLE FOR USE, SALE OR DISTRIBUTION IN YOUR LOCATION.
8. LIMITATION OF LIABILITY IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM, LOSS, HARM OR DAMAGE, YOU AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $10.00. YOU AND WE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE ACCESS TO THE SITE TO YOU. CERTAIN LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS, LIMITATIONS, OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY PRODUCT YOU ORDER OR PURCHASE FROM US OR IF YOU RECEIVE LATE DELIVERY OF A PRODUCT, YOUR SOLE REMEDY IS TO RETURN THE UNUSED PRODUCT, IN GOOD/RESALEABLE CONDITION TO US FOR A FULL REFUND. IN THE EVENT THAT ANY SUCH PRODUCT IS RETURNED TO US USED, WE RESERVE THE RIGHT TO NOT PROVIDE YOU WITH ANY REFUND FOR SUCH PRODUCT.
9. INDEMNITY You agree to defend, indemnify and hold Us, Our current and future parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, attorneys and agents, and each of their respective successors and assigns, harmless against any and all claims, losses, expenses, liabilities, costs or damages (including Our reasonable attorneys’ fees, expert fees and other reasonable costs of litigation, including those incurred in the enforcement of these Terms of Use and any provision hereof) arising from, incurred as a result of, or in any manner related to (1) Your breach of any provision of these Terms of Use, (2) Your misuse of the Site and/or the Materials (including, without limitation, Your unauthorized, unlawful, fraudulent, or abusive use of the Site and/or the Materials), (3) the misuse of the Site by any other person or entity using any of Your User ID, User Information or Other Information (including, without limitation, the unauthorized, unlawful, fraudulent, or abusive use of the Site by any other person or entity using any of Your User ID, User Information or Other Information), (4) any communications or content provided to Us or made via the Site by You or by any other person or entity using Your User ID, or (5) Your violation of any third party’s rights.
10. COOPERATION WITH GOVERNMENT AUTHORITIES If appropriate and in accordance with applicable law, We will cooperate with local, state, federal, international and/or worldwide government authorities to protect Users, the Site, Us and Our current and future parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, attorneys and agents, and each of their respective successors and assigns in order to: (1) prevent unauthorized use of the Site; and/or (2) comply with any requirements of law or judicial process that are applicable to Us.
11. LINKS TO OTHER MATERIALS Other websites, profiles, materials or other locations that may be linked (including embedded content and forms) to or from, the Site are not necessarily under Our control and We are not responsible for, nor do We certify, or make any representations or warranties about, the content of any linked site or any link contained in a non-affiliated linked site. We reserve the right to terminate any link or linking program at any time. If You decide to access any third party sites linked from the Site, You do so entirely at Your own risk, and the linked website’s posted privacy policy (not our Privacy Policy) will govern the collection and use of your information on it.
12. APPLICABLE LAWS These Terms of Use shall be governed by the laws in effect in the state of California, without giving effect to any principles of conflicts of law. To the extent permitted by applicable law, we make no representation that Materials on the Site are appropriate or available for use in other locations, and access to the Site and/or the Materials from territories where their content is illegal is prohibited. Users who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with all applicable local laws, rules and regulations. You may not use or export the Materials in violation of United States export laws or regulations.
13. DISPUTE RESOLUTION Any dispute between Us and You arising out of these Terms of Use shall be resolved first by direct communication with one or more of Our management team members. Should We and You be unable to resolve the dispute by communication and both You and We jointly agree to do so, We or You may submit any dispute arising out of or relating to these Terms of Use, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association in San Diego, California, United States. The arbitrator shall fully implement the intent and purposes of these Terms of Use and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded. YOU EXPRESSLY WAIVE YOUR RIGHT TO SUE IN COURT, AND WAIVE YOUR RIGHT TO PROCEED BEFORE A JURY. YOU AGREE THAT ARBITRATION UNDER THIS PROVISION SHALL BE SOLELY BETWEEN US AND YOU ON AN INDIVIDUAL BASIS AND THERE CAN BE NO CLASS OR OTHER REPRESENTATIVE ARBITRATION. THIS MEANS THAT YOU SHALL HAVE NO RIGHT TO REPRESENT ANYONE OTHER THAN YOURSELF IN ANY ARBITRATION.
- 14. TERMINATION Your right to access and use the Site and/or Materials immediately terminates without further notice upon Your breach of these Terms of Use. We may terminate these Terms of Use and/or Your right to access your account or use the Site at any time, with or without cause. Upon termination, You shall immediately destroy all Materials in Your possession, if any, and cease use of the Site. You are liable for any orders that you place or charges that you incur prior to termination. We reserve the right, in Our sole discretion, to discontinue or make changes to the Site and/or Materials at any time. All provisions of these Terms of Use, which by their nature, would address matters that might arise at a date subsequent to the expiration or termination of these Terms of Use, shall survive such expiration or termination.
15. ASSIGNMENT We may assign these Terms of Use, in whole or in part, in Our sole discretion. You may not assign any of Your rights under these Terms of Use without Our prior written permission. Any attempt by You to assign any of Your rights under these Terms of Use without Our permission shall be null and void and non-binding on Us.
16. FORCE MAJEURE We shall not be liable for any failure or unavailability of the Site and/or the Materials or failure by Us to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Our control.
17. NOTICE FOR CALIFORNIA RESIDENTS Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to care@aloisiabeauty.com. You may also contact us by calling us at: 1-800-731-6379 or writing us at 7847 Dunbrook Rd. Suite D, San Diego, CA 92126. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
18. ENTIRE AGREEMENT; CHANGES TO THESE TERMS OF USE These Terms of Use, including the Privacy Policy and any other policy of Ours which is incorporated herein by reference, contain the entire agreement between You and Us relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms of Use may not be amended or supplemented by (1) any form originated by You relating to the subject matter hereof, or (2) written or oral statements of any of Our employees, except as might be embodied in approved amendments to these Terms of Use, as described below.
We reserve the right to modify, alter or otherwise update these Terms of Use at any time, without prior notice, by posting any such modified, altered or updated version of these Terms of Use on the Site. We encourage You to check this page each time You use the Site.
YOUR CONTINUED USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE AND ANY UPDATES TO THESE TERMS OF USE.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Aloisia Beauty Products, Inc. (hereinafter, "Aloisia Beauty", "Aloisia" “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy [Insert URL Link to your Privacy Policy] (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
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 Aloisia Beauty 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 Marketing@aloisiabeauty.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 SAN DIEGO, California 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 Aloisia Beauty’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.