Terms of Service
By using our Services, whether as a guest, as a registered user, or otherwise, you agree that these Terms of Service will govern your relationship with FIONA FRILLS. If you do not completely agree to these Terms of Service then you must not use any of our Services.
“Dispute” means, any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and FIONA FRILLS, claims that arose before this agreement, and claims that may arise after the termination of this agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“FIONA FRILLS” means, Fiona Frills LLC, located at 14435 C Big Basin Way, #171, Saratoga, CA 95070. References to “Us,” “We,” or “Our” means FIONA FRILLS, including any and all subsidiaries parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. FIONA FRILLS does not include FIONA FRILLS Affiliates or third parties (analytics or ad tech companies, or similar organizations).
“FIONA FRILLS Affiliate” (or “FIONA FRILLS Affiliates”) means FIONA FRILLS’s third-party content providers, distributors, licensees, or licensors.
“Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“Notice” means, a delivered writing by e-mail, courier, or by Federal Express delivery to the other party at their respective address, and will be effective upon receipt.
“Service” (or “Services”) means, any website, game, device, platform, content, and other related products and services provided by FIONA FRILLS and FIONA FRILLS Affiliates. The foregoing definition shall also specifically include, without limitation, the website www.fionafrills.com and the cosmetic products sold on thereon.
“Terms of Service” (or “Terms”) means, the terms and conditions in this agreement.
2. Ownership and Limited License
- Ownership. The Services are owned or licensed by FIONA FRILLS, and are protected by Intellectual Property Rights and other proprietary rights laws. FIONA FRILLS reserves all right, title, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the Intellectual Property Rights of FIONA FRILLS.
- License. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant FIONA FRILLS policies, FIONA FRILLS grants you a non-commercial, non-exclusive, non-transferable, revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your own entertainment purposes. You agree that you will not use the Services for any other purpose.
- License Limitations. Any use of the Services in violation of the law, these Terms of Service, or these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license at FIONA FRILLS’s sole judgment, or may subject you to liability for violations of law.
You acknowledge you will not directly or indirectly:
- Partake in any activity or action that FIONA FRILLS deems to be against the spirit or intent of the Services;
- Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute any material obtained through the Services;
- Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services;
- Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services;
- Attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, FIONA FRILLS itself or FIONA FRILLS Affiliates;
- Organize or participate in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by FIONA FRILLS;
- Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person's use or enjoyment of the Services;
- Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services or FIONA FRILLS;
- Use of access services to obtain, generate, or infer any business information about FIONA FRILLS or FIONA FRILLS Affiliates, including without limitation information about sales or revenue, staff, technical stack, or statistics about users;
- Promote, encourage, or participate in any activity involving hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, errors, or undocumented features, except for the sole purpose of privately and directly notifying FIONA FRILLS;
- Make available through the Services any material or information that infringes any Intellectual Property Right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation celebrities and FIONA FRILLS employees;
- Attempt to gain unauthorized access to Services;
- Use the Services where it is prohibited by law.
3. Payment and Purchases
- Purchases purchased within the Services on other platforms such as Shopify, Facebook, Apple iOS, or Android will be subject to those platforms' payment terms and conditions. FIONA FRILLS does not control how you can pay on those platforms. Please review those platforms' terms of service for additional information.
- ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES ARE PAYABLE IN ADVANCE, FINAL, AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE CONSUMER RIGHTS LAW IN YOUR LOCAL JURISDICTION. NOTWITHSTANDING THE FOREGOING, AND EXCEPT AS REQUIRED BY APPLICABLE CONSUMER RIGHTS LAW IN YOUR LOCAL JURISDICTION, FIONA FRILLS MAY IN ITS SOLE DETERMINATION CHOOSE TO REPLACE PURCHASES THAT WERE DELIVERED TO YOU DAMAGED, PROVIDED THAT YOU SHOW SUFFICIENT EVIDENCE OF SUCH DAMAGE TO FIONA FRILLS.
4. Product Use
- The results of various cosmetic products promoted or sold by FIONA FRILLS may vary from person to person, and may not occur in all individuals. The statements and products provided by FIONA FRILLS are not intended to diagnose, treat, cure, or prevent any medical condition or disease, and FIONA FRILLS websites are not meant to serve as a substitute for professional medical advice. All cosmetic products sold by FIONA FRILLS should be used strictly in accordance with their guidelines. Be sure to check the ingredients of any products promoted or sold by FIONA FRILLS to avoid potential allergic reactions.
- Unless modified or amended by FIONA FRILLS, this agreement and its provisions shall remain in effect. Termination of any license granted by FIONA FRILLS under this agreement does not affect any other provisions of this agreement.
6. Access and Permissible Assignment
- By using the Services, you warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement; or 2) are a minor age 13-17 who has been authorized under the provisions of Section 6(b) below. If you are under 13 years of age, you must not use any part of the Services or submit any personal information to FIONA FRILLS through the Services. If a minor has been allowed access to the Services under Section 6(b) below, only that minor may use the Services thereafter.
- If you are the legal guardian of a minor age 13-17, you can choose to allow use of the Services by that minor instead of yourself subject to the following provisions:
- You acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent;
- You acknowledge, and further agree you are entirely responsible for all the provisions in these Terms of Service;
- You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
- In consideration of FIONA FRILLS allowing access to the Service by a minor, and in addition to the provisions of Section 9 below, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless FIONA FRILLS with respect thereto.
- If you have been previously banned from using any FIONA FRILLS Services then you may not use our Services.
- Notwithstanding the above provisions of Section 6, if you are located in a country that requires parental consent for Services to collect or use your data at a higher age than 13 (e.g., certain countries following the General Data Protection Regulation) AND you are under that country’s specified age, you must not use any part of the Services or submit any personal information to FIONA FRILLS through the Services or otherwise unless a) consent was given or authorized by the holder of parental responsibility of that child and b) you receive a Notice that consent was confirmed from FIONA FRILLS.
7. Service Availability and Termination
- You acknowledge that:
- FIONA FRILLS may in its sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services;
- FIONA FRILLS has absolute and sole discretion to immediately terminate or restrict access to the Services, or any portion of the Services, at any time, for any reason, without Notice and without liability to you;
- Access to the Services may be interrupted for reasons within or beyond the control of FIONA FRILLS, and that FIONA FRILLS cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
- FIONA FRILLS may not offer the Services in all countries or geographic locations;
- You are solely responsible for any internet connection and mobile fees that you may incur as a result of using our Services.
8. Warranty and Liability
YOU ACKNOWLEDGE THAT FIONA FRILLS AND FIONA FRILLS AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE SERVICES ARE PROVIDED BY FIONA FRILLS TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIONA FRILLS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FIONA FRILLS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FIONA FRILLS DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF FIONA FRILLS AND/OR FIONA FRILLS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO FIONA FRILLS AND/OR FIONA FRILLS AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID FIONA FRILLS OR ANY FIONA FRILLS AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FIONA FRILLS AND/OR ANY FIONA FRILLS AFFILIATE IS TO STOP USING THE SERVICE.
YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY, AND YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, FIONA FRILLS AND FIONA FRILLS AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.
- You agree to defend, indemnify and hold harmless FIONA FRILLS, FIONA FRILLS Affiliates, and any third-parties under agreement with FIONA FRILLS, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
- Your failure to comply with any provision of these Terms of Service;
- Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
- Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
- FIONA FRILLS and FIONA FRILLS Affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- You acknowledge, and further agree that FIONA FRILLS has no obligation to defend, indemnify or hold harmless you in any way related to this agreement, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
- This Section shall survive the termination of this agreement.
10. Dispute Resolution
- Informal Resolution. With respect to any Dispute, you agree to attempt to negotiate the resolution of any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. Such informal negotiations commence upon FIONA FRILLS’s receipt of Notice from you.
Contact Information. FIONA FRILLS can be reached at the following address:
Fiona Frills LLC
14435 C Big Basin Way, #171
Saratoga, CA 95070
- Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of thirty (30) days, or if FIONA FRILLS, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of thirty (30) days, you agree that either you or FIONA FRILLS may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association. The party requesting that a Dispute be resolved by arbitration under this Section shall be responsible for initiating such a proceeding.
- The American Arbitration Association (“AAA”) will run the arbitration between you and FIONA FRILLS, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
- YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE. You and FIONA FRILLS both agree that neither shall attempt to have any other arbitration or class action related to any other party joined to any arbitration in which you are involved with FIONA FRILLS. To the fullest extent permitted by law, no arbitration proceeding shall be decided on a class-action basis or utilizing class action procedures. You and FIONA FRILLS further agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or a class member in any purported class or representative proceeding.
- Changes. It is your responsibility to read, understand, and accept this agreement in connection with your use of the Services. You acknowledge that FIONA FRILLS may make changes to these Terms of Service at any time, and that Section headings in this agreement are for purposes of convenience only. Unless FIONA FRILLS states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services. You should check this page regularly to stay informed about any changes.
- Complete agreement. This agreement: (1) is the final and complete agreement and understanding of the parties concerning the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous agreements and understandings with respect thereto; (2) may not be changed, amended, or in any manner modified by you except as authorized in a writing signed by both parties’ authorized agents; (3) is not assignable, except to a successor in interest to substantially all of a party’s business or assets and any other attempt to assign or transfer this agreement or any interest herein is void; and (4) shall be binding upon, and inure to the benefit of, the parties hereto, their respective heirs, executors, administrators, successors, personal representatives, licensees, and assigns.
- Force Majeure. No party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party, including, war, terrorism, acts of public enemies, strikes or other labor disturbances, power failures, fires, floods, earthquakes, acts of God, and other natural disasters.
- Waiver. No act or failure to act by FIONA FRILLS will be deemed a waiver of any right contained in this agreement, and any waiver by FIONA FRILLS must be in writing and signed by an officer of FIONA FRILLS. If FIONA FRILLS does expressly waive any provision of this agreement, such waiver shall not be a waiver of any other provisions of this agreement, and the waived provision shall not be waived for all time in the future.
- Severability. If any provision or sub-provision of this agreement is found to be invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
- Remedies. You acknowledge and agree that any violation or threatened violation of this agreement will cause irreparable injury to FIONA FRILLS, entitling FIONA FRILLS to seek injunctive relief without the necessity of proving actual damages, in addition to all other remedies at law or in equity. You specifically acknowledge that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by FIONA FRILLS as a result of a breach of any of the provisions of this agreement.
- Governing Law and Venue. Any dispute or claim arising out of or related to this agreement shall be governed by and construed in accordance with the laws of the State of California without reference to any choice or conflict of laws principles. Unless subject to arbitration under Section 10, the Courts in the State of California shall have exclusive jurisdiction over any legal suit, action, or proceeding arising out of, or relating to, disputes or claims that might arise under this agreement. Accordingly, the parties consent to the personal jurisdiction of the Courts in the State of California, and hereby waive any and all jurisdictional or venue defenses otherwise available to them.
- Language. To the fullest extent permitted by law, the controlling language for these Terms of Service is English.
User Opt Out: If you do not wish to continue participating in the SMS/MMS 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 or independent contractors 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 SMS/MMS 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 SMS/MMS 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.
SMS/MMS Program Description: Without limiting the scope of the SMS/MMS Program, users that opt into the SMS/MMS Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The SMS/MMS 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 SMS/MMS 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 SMS/MMS Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The SMS/MMS 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.
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 SMS/MMS Program if you are under thirteen (13) years of age. If you use or engage with the SMS/MMS Program 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 SMS/MMS, 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 SMS/MMS Program, or are of adult age in your jurisdiction. By using or engaging with the SMS/MMS Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the SMS/MMS Program.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the SMS/MMS Program. Prohibited content includes:
-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 SMS/MMS 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 Saratoga, California before one arbitrator.
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.