Terms of service

Last Updated: Nov 15, 2024

Welcome, and thank you for your interest in Core Of The Heart (“Creator,” “we,” or “us”) and our website at https://coreoftheheart.com, provided through Fourthwall, (the “Service”). These Terms of Service are a legally binding contract between you and Creator regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING Creator’S PRIVACY POLICY (TOGETHER, THESE“TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND Creator’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY Creator AND BY YOU TO BE BOUND BY THESE TERMS.

  1. Creator Service Overview. We offer a website where you can purchase merchandise that we make available for sale, including digital products and memberships (“Memberships”and, collectively with all other merchandise, "Products").

  2. Eligibility. You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old;(b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or Creator, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

  3. Accounts and Registration. To access any Membership, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at contact@support.coreoftheheart.com.

  4. General Payment Terms. Purchase of any Product through the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars.

    1. Price. Creator reserves the right to determine pricing for all Products and Memberships. Creator will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Creator may change the fees for any Product or Membership if the Creator gives you advance notice of changes before they apply. Creator, at its sole discretion, may make promotional offers with different features and different pricing to any of the Creator's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

    2. Authorization. You authorize the Creator and its third party payment processors to charge all sums for the Products you purchase and Memberships you subscribe to, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Creator or its third party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

    3. Memberships. Memberships may include automatically recurring payments for periodic charges.If you activate such a Membership, you authorize the Creator or its third party payment processors to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or the applicable Membership, all accrued sums on or before the payment due date for the accrued sums. The“Membership Billing Date” is the date when you purchase the applicable Membership. Your account will be charged automatically on the Membership Billing Date all applicable fees and taxes for the next Membership period. The Membership will continue unless and until you cancel your Membership or we terminate it. You must cancel your Membership before it renews in order to avoid billing of the next periodic Membership Fee to your account.Creator or its third party payment processor will bill the periodic Membership Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Membership by accessing the Billing tab in your profile within the site or by contacting us at:contact@support.coreoftheheart.com.

    4. Returns and Refunds. We will accept all returns for defective Products made within 30 days of the purchase date (“Returns”). We will issue you a full refund for all Returns and will pay for the return shipping of any Return if such shipping is required. We will not accept any returns of, nor issue any refunds for, any Products that are not defective.

  5. Shipping and Delivery. All Products purchased through the Service will be shipped according to the terms provided at the time of purchase to the shipping address you provide to us. You will be responsible for all shipping costs, which will be specified for you at checkout.

  6. Licenses

    1. Limited License. Subject to your complete and ongoing compliance with these Terms, Creator grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and any Memberships to which you have subscribed during the term of your subscription.

    2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

    3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service or any Products (“Feedback”), then you hereby grant Creator an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

  7. Ownership; Proprietary Rights. The Service is owned and operated by the Creator. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service and Products (“Materials”) provided by the Creator are protected by intellectual property and other laws. All Materials included in the Service are the property of Creator or its third party licensors. Except as expressly authorized by the Creator, you may not make use of the Materials. Creator reserves all rights to the Materials not granted expressly in these Terms.

  8. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:

    • use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    • violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
    • interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the sourcecode of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
    • interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
    • perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
    • sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
    • attempt to do any of the acts described in this Section 7 or assist or permit any person in engaging in any of the acts described in this Section 7.

  9. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Creator or Fourthwall may, at either of their sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at contact@support.coreoftheheart.com.

  10. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or theService; (c) you must pay Creator any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 9.3, 10, 11, 12, and 13 will survive.

  11. Modification of the Service. Creator reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Creator will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

  12. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Creator and its officers, directors, employees, consultants, affiliates, subsidiaries and agents and Fourthwall (together,the “Creator Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, atour own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

  13. Disclaimers; No Warranties

    THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN“AS AVAILABLE” BASIS. Creator DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR Creator ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE Creator ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

    WE PROVIDE THE SERVICES THROUGH FOURTHWALL BUT THESE TERMS AND ANY PURCHASES OF PRODUCTS ARE SOLELY BETWEEN YOU AND Creator. YOU HEREBY ACKNOWLEDGE THAT FOURTHWALL IS NOT A PARTY TO, AND WILL HAVE NO LIABILITY RESULTING FROM, THESE TERMS, ANY DAMAGES OR LOSSES YOU INCUR AS A RESULT OF USING THE SERVICE, OR THE PURCHASE OF PRODUCTS.

    THE LIMITATIONS

    IN THIS SECTION 12 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  14. Miscellaneous

    1. General Terms.These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Creator regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part,by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Through out these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

    2. Governing Law.These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Creator submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms.

    3. Privacy Policy. Please read the Creator Privacy Policy carefully for information relating to our collection, use,storage, disclosure of your personal information. The Creator Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

    4. Additional Terms.Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

    5. Consent to Electronic Communications.By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

    6. Contact Information. The Service is offered by Core Of The Heart. You may contact us by sending correspondence by emailing us at contact@support.coreoftheheart.com.

    7. Notice to California Residents.If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

    8. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

    9. International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

Core of the Heart Messaging Terms & Conditions

Core of the Heart (hereinafter, "Core of the Heart," "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 Messaging Privacy Policy. 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 (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.

1. User Opt In. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Core of the Heart, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing text messages is not a condition of any purchase. 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.

Further, You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Core of the Heart or its service provider(s) for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Messaging Privacy Policy for how we treat your data.

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 Core of the Heart 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. Other Terms and Policies. You also agree to our Messaging Privacy Policy, Core of the Heart Terms of Service and Core of the Heart Privacy Policy.

4. 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, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of our products. Messages may include checkout reminders.

5. Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.

6. Support Instructions. For support regarding the Program, text "HELP" to the number you received messages from or email us at contact@support.coreoftheheart.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.

7. MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

8. 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.

9. Supported Devices. The Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Core of the Heart, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

10. Contact. This Program is a service of Core of the Heart, located at 407 E Port Hueneme Road, 1003, Port Hueneme, CA 93071.

11. Age Restriction: You may not use or engage with the Platform if you are under twenty-one (21) years of age. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of twenty-one (21) years. 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.

12. 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.

13. Dispute Resolution. In the event that there is a dispute, claim, or controversy between you and Us, or between you and Big Company AI Inc. 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 Brooklyn, NY before one arbitrator. No class actions. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND Core of the Heart ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the "FAA"). 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 Core of the Heart Company’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 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. Notwithstanding anything to the contrary in this Agreement, if Core of the Heart makes any future change to this arbitration provision, you may reject the change by sending Us written notice within 30 days of the change to 407 E Port Hueneme Road, 1003, Port Hueneme, CA 93071, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Core of the Heart.

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.

14. State Law:

  • Florida: 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.

  • New Jersey: In our efforts to comply with the New Jersey telemarketing law, (as applicable to New Jersey residents), you agree that we may assume that you are a New Jersey resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a New Jersey area code. You agree that the requirements of the New Jersey telemarketing statute do not apply to you, and you shall not assert that you are a New Jersey resident, if you do not meet this criteria or, in the alternative, do not affirmatively advise Us in writing that you are a New Jersey resident. Insofar as you are a New Jersey 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 an “unsolicited telemarketing sales call” or “telemarketing sales call” for purposes of New Jersey Statute Title 56, Chapter 8 (including but not limited to section 56:8-128.), to the extent the law is otherwise relevant and applicable. Additionally, in efforts to comply with section 56:8-128, we will state Our company name (or any D/B/A of Ours) at the start of every message We send to you.

  • Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.

  • Oklahoma: We endeavor to comply fully with the Oklahoma Telephone Solicitation Act of 2022 as applicable. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident and are currently located in the state of Oklahoma if, at the time of opt-in to Program, the area code for the phone number used to opt-into the Program is an Oklahoma area code. If the area code for the phone number used to opt-into the Program is not an Oklahoma area code, or, in the alternative, if you do not affirmatively send written notice to Us advising that you reside or are currently located in Oklahoma, you agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and further agree that you will not assert that you are an Oklahoma resident, nor assert you are located in the state of Oklahoma at the time of receiving a communication from Us. Insofar as you are an Oklahoma resident or are otherwise subject to the laws of Oklahoma, you agree: (1) that mobile messages sent by Us in direct response to any form of message or request from You (including but are not limited to responses 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 Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable; (2) that you have only opted-in to the Program with one phone number and that We can rely on the fact that mobile messages sent to any other phone number are being sent to other persons; and (3) that you will opt-out of the Program prior to any termination of the phone number used to opt-into the Program and that without such opt-out we can rely on the fact that messages sent to the number are sent to you with your consent as described above.

16. Miscellaneous. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the 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 the terms of 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 these terms unless explicitly stated otherwise in writing. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. 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.