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Terms & Conditions
PLEASE READ THESE TERMS CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF THE TWENTYTHIRTYEIGHT WEBSITE AND SERVICES. THESE TERMS LIMIT OUR LIABILITY TO YOU, REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
This website is operated by TWENTYTHIRTYEIGHT LLC. Throughout the website, the terms “TWENTYTHIRTYEIGHT,” “we,” “us,” and “our” refer to Twentythirtyeight and its affiliates, successors, and assigns. The words “you” and “your” refer to each individual user accessing and using our website and services. TWENTYTHIRTYEIGHT offers this website, including all information, tools, and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our website and/or purchasing products from us, you engage in our “Service” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users engaging in our Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our Service. By accessing or using any part of our Service, you agree to be bound by these Terms.
• GENERAL CONDITIONS.
By using our Service you are representing you are 18 years of age or older and are legally capable to enter into contracts. We will not be liable for any damages that may result from misrepresentation of age by a user of our website. We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
• ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information may not be current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
• PRODUCTS
We cannot guarantee the availability of a particular product at any particular time. We reserve the right to change our product offerings on the website, without notice, at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility, of the website from time to time in our sole and absolute discretion.
We attempt to be as accurate as possible when describing products. We do not warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.
TWENTYTHIRTYEIGHT will not be held liable for any direct, indirect, punitive, incidental, special or consequential damage arising out of or connected with your misuse of our products, including without limitation any use for an unintended, illegal or unauthorized purpose.
• MODIFICATIONS TO THE SERVICE AND PRICES; SHIPMENTS AND RETURNS
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any of our products or the Service without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or the Service.
Please refer to our Returns/Exchange policy and Shipping/Ordering FAQ found on our homepage for further details regarding our shipping and return policies.
• ACCURACY OF BILLING AND ACCOUNT INFORMATION
If you wish to purchase any product made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including without limitation your credit card number, the expiration date of your credit card, security code, your billing address and your shipping information.
You agree to provide current, complete and accurate purchase and account information for all Purchases made through the Service. You agree to promptly update your account and other information, including without limitation your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; (b) the information you supply to us is true, correct and complete; and (c) that you will pay for all charges incurred through the use of your account (if applicable).
The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you consent to our use and disclosure of the information to these third-parties subject to our Privacy Policy at INSERTxPRIVACyPOLICY, which is incorporated herein by reference (“Privacy Policy”).
• ACCOUNTS
Some features of the Service require that you register and create an account. When you create an account with us, you guarantee that you are over the age of 18 and that the information you provide us is accurate, complete and current at all times. Inaccurate, incomplete or obsolete information may result in the immediate termination of your account and use of the Service. As part of the registration process, you may be issued credentials, usually in the form of a unique username and password (“Account Credentials”). You are responsible for maintaining the strict confidentiality of your Account Credentials, including but not limited to the restriction of access to your device and/or account.
Your commitment to maintaining the strict confidentiality of your Account Credentials is a material condition of your access and use of the Service. You agree to accept responsibility for any and all activities or actions that occur under your Account Credentials. You must not allow others to use your Account Credentials, and you agree to notify us immediately if you have reason to believe that someone is using your Account Credentials without your permission or upon becoming aware of any breach of security or unauthorized use of your account. Except to the extent required by law, we will not be liable for any losses arising out of the unauthorized use of your Account Credentials, either with or without your knowledge.
When creating an account, you may not use as a username:
• the name of another person or entity that is not lawfully available for use;
• a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization; and/or
• any name that is offensive, vulgar or obscene.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the website or any component thereof and to block or prevent future access to and use of the website and to delete your account and any related information.
• OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
• THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third‑party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third‑party websites. Please review carefully the third‑party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third‑party products should be directed to the third party.
•SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence from accessing or linking the social media features on the Service (“Internal Social Media Features”) or from comment sections, feeds, and other elements of social media presence viewable on Facebook, Twitter, YouTube, Pinterest, or any of the many other available external third-party social media platforms we may utilize (“External Social Media Presence”).
Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor our Privacy Policy apply to our External Social Media Presence. The sites and platforms that host our External Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect our opinions. Comments that some would consider inappropriate or offensive may appear on our Internal Social Media Features as well as our External Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed.
If you see an offensive or inappropriate post or comment on our External Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. If you see such a post on Internal Social Media Features it should be reported directly to us via the contact information below.
• USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, whether with or without our consent (collectively, “posts”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any posts that you forward to us. We are and shall be under no obligation: (a) to maintain any posts in confidence; (b) to pay compensation for any posts; or (c) to respond to any posts.
By providing, publishing, posting or displaying posts you: (i) represent and warrant that (1) you own or otherwise have all necessary rights to the posts and have the right to grant the applicable license set forth herein, and (2) that the posts comply with all applicable laws; and (ii) grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, fully paid, and fully transferable, assignable, and sublicensable worldwide right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, publish, broadcast, make, sell, export, and otherwise use the posts (in whole or part) on this website or otherwise, and/or to incorporate it in other works in any form, media or technology now known or later developed. We cannot be responsible for maintaining any posts that you provide to us; therefore, you should retain copies of all such data and information for your own records.
You represent and warrant that posting and publishing any such posts on or in connection with the Service does not violate any third-party intellectual property, publicity, privacy or contract rights. You shall not submit any posts which are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. We may screen or monitor posts for legal or other purposes, though we have no obligation to do so. We assume no and disclaim all responsibility or liability arising from the posts or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any posts. Do not post personally identifiable information in areas other than within your profile. We reserve the right, in our sole discretion, to reject, refuse to post or remove any profile or posting (including email) by you, or to restrict, suspend or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
You understand and agree that TWENTYTHIRTHYEIGHT may review and delete any posts that in its sole judgment violate these Terms or which may be offensive, illegal or violate the rights, harm or threaten the safety of TWENTYTHIRTHYEIGHT or any user of the Service.
• INTELLECTUAL PROPERTY
The content, organization, graphics, design, compilation, and other matters related to our website are protected under applicable U.S. and international copyright, trademark and intellectual property laws. TWENTYTHIRTYEIGHT, PURPLEBANDZ, and the PURPLEBANDZ logo design marks are either trademarks or registered trademarks of TWENTYTHIRTYEIGHT (“Trademarks”). Unless disclosed otherwise in writing, we exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within our website and related to our website, and all modifications and derivative works thereof, and all intellectual property rights related thereto (“Intellectual Property”). The posting of information or materials on this website by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You will not challenge, contest or otherwise impair TWENTYTHIRTYEIGHT's ownership of the website and the content therein or the validity or enforceability of TWENTYTHIRTYEIGHT's rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on our website at any time without notice. Nothing contained in these Terms will be construed by implication, estoppel or otherwise as granting you an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of TWENTYTHIRTYEIGHT or any third party. None of the material on our website may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of TWENTYTHIRTYEIGHT, which permission may be withheld in our sole and absolute discretion.
• PERSONAL INFORMATION
Any and all information that we obtain from you, or from transactions processed through the Service, including without limitation, names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the website may be collected and used by us as provided in our Privacy Policy. You confirm that you have read and agree to the terms of our Privacy Policy, the terms of which are incorporated herein. We make no and disclaim all representations or warranties with regard to the sufficiency of the security measures used for data handling and storage. WE WILL NOT BE RESPONSIBLE FOR ANY SPECIAL, CONSEQUENTIAL SPECIAL OR INCIDENTAL DAMAGES THAT RESULT FROM A LAPSE IN COMPLIANCE WITH OUR PRIVACY POLICY BECAUSE OF A SECURITY BREACH OR TECHNICAL MALFUNCTION TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
• ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
• PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
• DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TWENTYTHIRTYEIGHT DOES NOT WARRANT THE QUALITY, ACCURACY, OR COMPLETENESS OF ANY CLAIMS, STATEMENTS, OR INFORMATION ON THIS WEBSITE. FURTHER, TWENTYTHIRTYEIGHT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION AND/OR PRODUCTS SHOWN ON THIS WEBSITE OR ANY OTHER WEBSITE FOR ANY PURPOSE. ALL PRODUCTS AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. IN NO EVENT SHALL TWENTYTHIRTYEIGHT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR CONTENT AVAILABLE ON THIS WEBSITE.
TWENTYTHIRTYEIGHT DOES NOT WARRANT THE INFORMATION, SERVICES, OR PRODUCTS PROVIDED HEREIN OR YOUR USE OF THE SERVICE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE WHEN DESCRIBING OUR PRODUCTS ON THE WEBSITE; HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS, INFORMATION OR OTHER CONTENT AVAILABLE ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TWENTYTHIRTYEIGHT WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THIS WEBSITE. TWENTYTHIRTYEIGHT CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. YOU UNDERSTAND THAT TWENTYTHIRTYEIGHT DOES NOT OPERATE OR CONTROL THE PRODUCTS, SERVICES INFORMATION, ADVICE OR CONTENT OFFERED BY ANY THIRD PARTY THAT PARTICIPATES IN THE TWENTYTHIRTYEIGHT WEBSITE. NEITHER TWENTYTHIRTYEIGHT , NOR ANY OF ITS AFFILIATES, MANAGERS, MEMBERS, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY THIRD-PARTY VENDOR, WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEBSITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEBSITE, THE DATA CONTAINED HEREIN OR THE PRODUCTS OR SERVICES OFFERED ON THIS WEBSITE AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEBSITE OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF TWENTYTHIRTYEIGHT OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES. IN NO EVENT WILL TWENTYTHIRTYEIGHT OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF TWENTYTHIRTYEIGHT OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. TWENTYTHIRTYEIGHT CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF TWENTYTHIRTYEIGHT IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE SERVICE, THE CONTENT, OR THESE TERMS EXCEED ONE THOUSAND US DOLLARS (US $1,000.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.
• INDEMNIFICATION
You agree to defend, indemnify and hold harmless TWENTYTHIRTYEIGHT and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, judgments, damages, obligations, losses, liabilities, costs or debt, and other expenses of any nature (including reasonable attorney’s fees), resulting or arising in any way from your use and access of the Service, this website, your Purchase, your account, any acts or omissions by you or on your behalf with respect to any Purchase and/or any posts, or your breach of applicable laws, these Terms or the documents and policies referenced herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
• SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
• TERMINATION
Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may (a) suspend your rights to use the Service (as well as your TWENTYTHIRTYEIGHT account) or (b) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms or if we believe you are younger than 18 years old. Upon termination of these Terms, your TWENTYTHIRTYEIGHT account and right to access and use the Service will terminate immediately. You understand that any termination of your TWENTYTHIRTYEIGHT account may involve deletion of any posts you may have posted. TWENTYTHIRTYEIGHT will not have any liability whatsoever to you for any termination of these Terms, including for termination of your TWENTYTHIRTYEIGHT account or deletion of your posts.
The provisions herein related to our Intellectual Property, Trademarks, user posts, acceptable use, disclaimer of warranties, indemnity, limitation and liability, and arbitration together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms.
• ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party to the extent permitted by applicable law.
• GOVERNING LAW
These Terms and any separate agreements whereby we provide you the Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to these Terms, or your use thereof, will be brought and conducted in Los Angeles County, California, and each user consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him or her as contemplated by this section.
• CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
• PROMOTIONAL TERMS
Any and all offers or promotions advertised on the Service are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
• CONTACT INFORMATION
If you have questions or concerns regarding these Terms or need to obtain a copy of these Terms in alternate format due to a disability, please contact us by email at twentythiryeightbrand@gmail.com.
• DISPUTE RESOLUTION
Arbitration. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH OR TERMINATION HEREOF, OR ANY TRANSACTION UTILIZING OR RELATING TO, OR THE USE OF, OUR WEBSITE, WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE AAA WILL APPLY THE COMMERCIAL ARBITRATION RULES TO THE ARBITRATION OF ANY DISPUTE PURSUANT TO THESE TERMS, UNLESS YOU ARE AN INDIVIDUAL AND USE THE PRODUCTS AND SERVICES FOR PERSONAL OR HOUSEHOLD USE, IN WHICH CASE THE AAA WILL APPLY THE CONSUMER ARBITRATION RULES (EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS) (COLLECTIVELY, THE “RULES”). THE ARBITRATION WILL BE HEARD BY ONE ARBITRATOR TO BE SELECTED IN ACCORDANCE WITH THE RULES IN GREENVILLE COUNTY, SOUTH CAROLINA. JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. ALL PARTIES WAIVE THE RIGHT, IF ANY, TO OBTAIN ANY AWARD FOR EXEMPLARY OR PUNITIVE DAMAGES OR ANY OTHER AMOUNT FOR THE PURPOSE OR IMPOSING A PENALTY FROM THE OTHER IN ANY ARBITRATION OR JUDICIAL PROCEEDING OR OTHER ADJUDICATION ARISING OUT OF OR WITH RESPECT TO THESE TERMS, OR ANY BREACH HEREOF, INCLUDING ANY CLAIM THAT THESE TERMS, OR ANY PART HEREOF, IS INVALID, ILLEGAL OR OTHERWISE VOIDABLE OR VOID. IN ADDITION TO ALL OTHER RELIEF, THE ARBITRATOR WILL HAVE THE POWER TO AWARD REASONABLE ATTORNEYS’ FEES TO THE PREVAILING PARTY. TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, YOU AGREE ANY DISPUTE WILL BE RESOLVED WITHOUT INCLUDING ANY OTHER THIRD PARTIES INCLUDED AS PARTIES TO THE ARBITRATION PROCEEDING, BE IT AS INDIVIDUALS, AS PART OF A COLLECTIVE ACTION, OR AS PART OF A REPRESENTATIVE CLASS, UNLESS BOTH YOU AND TWENTYTHIRTYEIGHT AGREE TO SUCH CONSOLIDATION AFTER A DISPUTE HAS ARISEN. IF ANY PROVISION OF THESE TERMS WILL BE UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION WILL BE DEEMED SEVERABLE FROM THESE TERMS AND WILL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS. OUR FAILURE TO ENFORCE ANY PROVISION OF THESE TERMS WILL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR THE RIGHT TO ENFORCE SUCH PROVISION.
Class Action Waiver. BOTH YOU AND YOUR AFFILIATES, ON ONE HAND, AND RIPNDIP AND ITS AFFILIATES ON THE OTHER HAND, AGREE THAT ANY CLAIMS OR CONTROVERSIES BETWEEN US MUST BE BROUGHT AGAINST EACH OTHER ON AN INDIVIDUAL BASIS ONLY. THAT MEANS NEITHER YOU AND YOUR AFFILIATES ON ONE HAND NOR RIPNDIP AND ITS AFFILIATES ON THE OTHER HAND CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS OR REPRESENTATIVE PROCEEDING (UNLESS WE AGREE OTHERWISE). AND, THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S OR ENTITY’S CASE CAN ONLY IMPACT THE PERSON OR ENTITY THAT BROUGHT THE CLAIM, NOT OTHER RIPNDIP USERS, CUSTOMERS OR PARTNERS, AND CANNOT BE USED TO DECIDE OTHER DISPUTES WITH OTHER USERS, CUSTOMERS OR PARTNERS. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. HOWEVER, IF FOR ANY REASON ANY COURT WITH COMPETENT JURISDICTION HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN OUR AGREEMENT IN SECTION 24 TO ARBITRATE WILL NOT APPLY AND THE DISPUTE MUST BE BROUGHT EXCLUSIVELY IN COURT IN GREENVILLE COUNTY, SOUTH CAROLINA, AND ALL PARTIES CONSENT TO PERSONAL JURISDICTION OF SUCH COURTS FOR SUCH PURPOSE.
Injunctive Relief. The foregoing provisions of this Section 24 will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any loss, cost or damage (or potential loss, cost or damage) related to these Terms, including the website, our operations and our products and the Service.
Privacy Policy: We respect your privacy and are committed to protecting your personal information. For more information on how we collect, use, and protect your information, please review our Privacy Policy.
Changes to Terms: Ripndip reserves the right to modify these Mobile Messaging Terms and Conditions at any time. Any changes will be effective immediately upon posting of the revised terms on our website.
Contact Information: For questions or comments about our SMS marketing program, you can contact us at:
twentythirtyeightbrand@gmail.com
