Terms and Privacy
Last updated: August 15, 2020
QUICK GUIDE TO CONTENTS
- PERSONAL INFORMATION COLLECTION
- HOW WE USE THE PERSONAL INFORMATION COLLECTED
- SHARING OF PERSONAL INFORMATION
- YOUR CHOICES AND OPT-OUT
- CHILDREN'S PRIVACY
- SECURITY OF YOUR PERSONAL INFORMATION
- OTHER SITES
- CONSENT TO PROCESSING & INTERNATIONAL TRANSFERS
- CHANGES & OTHER SHC PRIVACY POLICIES
- CONTACT US
PERSONAL INFORMATION COLLECTION
When information identifies or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, we refer to it as “Personal Information.” This Personal Information includes the following categories:
- Identifiers/Contact Information: These include your name, age, postal and email address, phone number, username, encrypted password, and unique identifiers that may identify your device or browser but not you by name.
- Protected Classifications: Your gender and parental status.
- Geolocation Data: Data about the location of the device you use to access the SHC Services as more fully described below.
- Commercial Information: Your purchase and usage history, goods and service preferences, payment and account information, wallet balance, and billing dates.
- Internet/Electronic Activity: Your IP address, web/app browsing and search history related to our Services, and information regarding your interaction(s) with the Services or SHC advertising.
- Education and Professional Information: Education level and income level.
- Inferences: The inferences that we draw from the above categories of Personal Information and web activity to create a personalized profile so we can better identify goods and services that may be of interest.
As provided in more detail below, we collect Personal Information from a variety of sources, including from:
- Internet service providers
- Data analytics providers
- Operating systems and platforms
- Social networks
- Data Aggregators, and
- From you directly
Personal Information You Provide To Us
When you use the SHC Services, we may ask you to provide certain Personal Information to obtain our products or use our services. For example, we may ask for Personal Information when you register to create an account, update your Personal Information, sign up for a membership or subscription, use certain features, access, upload or download content, purchase products or services, enter into sweepstakes or other promotions, register or participate in a competition, fill out a survey, request customer support, or otherwise communicate with us.
We (or our service providers or business partners) may collect Personal Information that relates to you, such as your name, e-mail address, telephone number, mailing address, date of birth, gender, and demographic information.
Personal Information You Provide When You Participate in an Online Survey or Other Research. We may also collect Personal Information you provide us in connection with participating in an online survey or as a research panel participant. This may include, but may not be limited to, information about your shopping habits, lifestyle preferences, interests and hobbies, health, physical or behavioral characteristics, or other demographic information, as well as photos, videos, and other user-generated content.
Personal Information You Provide When You Make a Purchase. If you make a purchase from us, you will be required to provide a credit/debit card number and related financial information (such as CVV, expiration date, and billing address), or other payment information (such as via PayPal or Apple Pay), depending on the form of payment you choose.
Personal Information You Provide Through Social Media. You may also be given the option to link to your Facebook or other social media accounts through the SHC Services. When you do, we may automatically receive certain Personal Information from you based upon your privacy settings on those sites. This may include, but may not be limited to, name, user name, demographic information, updated address or contact information, location, interests, and publicly-observed data, such as from social media and online activity.
Personal Information Collected Automatically
Whenever you visit or interact with the SHC Services, SHC, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about your online activity. This Personal Information may be collected in the following ways:
For example, we may automatically collect certain information from you, including your browser type, mobile device manufacturer, mobile carrier, phone number, operating system, activations, content, products or services you purchase or access, the page served and the preceding page views or websites visited, any mobile device activity and configurations, and email client. We may also automatically collect information about your use of the SHC Services, including the date and time you visit the SHC Services, use or click through to any of the SHC Services, the areas or pages of the SHC Services that you visit, the amount of time you spend viewing or using the SHC Services, the number of times you return to the SHC Services, other click-stream or site usage data, emails that you open, forward or click-through to our SHC Services, and other sites that you may visit.
Device Information. We may automatically collect your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, tablet or other device (collectively, “Device”) you use to access the SHC Services, including the hardware model and mobile network information. We may use a Device Identifier to, among other things, provide the SHC Services, help diagnose problems with our servers, analyze trends, track users’ web page, email and mobile application movements/activities, help identify or gather broad demographic information for aggregate use, and retarget online and mobile advertisements to you across computers or devices you may use.
Geolocation Information: We may collect information about the location of your Device when you access or use the SHC Services. In addition, if you choose to turn on your Bluetooth, Wi-Fi or other geolocation functionality when you use our mobile applications, we may collect and use your geolocation information.
Third Party Service Providers. We may use third party service providers to support the SHC Services. Some of these service providers may use technology such as cookies, web beacons, pixel tags, log files, or other technologies to receive, collect, and store Personal Information on our behalf.
To learn more about your advertising choices relating to the collection and use of your information, please see the Your Choices section below.
Personal Information Received from Other Third Parties
We may obtain information about you from other trusted third party sources to update or supplement your Personal Information. This includes, for example, information from public databases or data aggregators or brokers that may include your demographic information, media consumption, previous purchases, shopping habits, loyalty program information or lifestyle preferences. We may also receive Personal Information about you from our partners and service providers (including, for example, business partners, analytics vendors, advertising networks and search information providers).
We may use this information to help us maintain the accuracy of the information we collect, personalize your experience with the SHC Services, target our communications so that we can inform you of products and services or other offers that may be of interest to you, to measure ad quality and responses, and for internal business purposes.
Combination of Personal Information
- HOW WE USE THE PERSONAL INFORMATION COLLECTED
We may use the Personal Information about you for a variety of business purposes, including for example:
For Customer Service and Transactional Purposes, such as to:
- respond to your questions or requests and provide customer service;
- manage your account and registration;
- troubleshoot issues, bugs or defects related to your account or activities;
- provide you with access to certain features of the SHC Services;
- validate, confirm, verify, deliver, and track your order (including to arrange for shipping, handle returns and refunds, and contact you about your orders, including by telephone), and send you related information, coupons, products or samples;
- verify your identity or communicate with you about your activities with respect to the SHC Services;
- to use and disclose your credit, debit, or payment card or other financial information to process payments and prevent fraud;
- contact you with regard to your use of the SHC Services and, in our discretion, changes to any SIMPLER Hair Color policy;
- develop new products or services and to enhance current products and services; and
- protect the security or integrity of the SHC Services and our business, such as by protecting against and preventing fraud, unauthorized transactions, claims and other liabilities, and managing risk exposure, including by identifying potential hackers and other unauthorized users.
For Commercial Purposes, such as to:
- perform market research, understand the effectiveness of our competition or promotions and SHC Services analytics and operations;
- provide you with customized content, advertisements, offers and promotions offered by SHC or on behalf of our partners and affiliates, and provide news and other information we think will be of interest to you on or outside of the SHC Services, in emails and across third-party websites;
- link or combine with Personal Information we receive from others to help understand your needs, use for interest-based or targeted advertising or re-targeting on your computers or other devices, and to provide you with better service; and
- communicate with you, either directly or through one of our partners (e.g., through Facebook Custom Audience, Google Customer Match, Twitter Match, etc.) for SHC marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us.
We may also use Personal Information you provide to us for other purposes as disclosed at the time you provide your Personal Information or otherwise with your consent.
- SHARING OF PERSONAL INFORMATION
The Personal Information collected or generated through your use of the SHC Services may be shared by you or by us as described below.
Sharing of Personal Information by You
The SHC Services offer many ways to find, enjoy, and share content.
Your activity in connection with the SHC Services, such as filling out surveys, reviewing and rating products, inquiring about or purchasing products, participation in online communities, “liking” or “sharing” SHC content to your social media accounts or pages or otherwise interacting with the SHC Services, may be visible to other users of the SHC Services and in some cases, publicly available.
Sharing of Personal Information by Us
We may share the Personal Information collected from or about you for the following business purposes:
With Our Affiliates. We may share your Personal Information with our subsidiaries and affiliated companies for internal reasons, primarily for business and operational purposes.
Third Party Service Providers. We may share your Personal Information with third party service providers that provide business, professional or technical support functions on our behalf. This includes, but may not be limited to, service providers that host or operate the SHC Services; process payment; analyze data; provide customer service; provide postal or delivery services, and administer or participate in any promotions.
Business Transfers. In the event that another entity acquires us or all or substantially all of our assets, or assets related to the SHC Services, your Personal Information may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such Personal Information may be considered an asset of ours and as such may be sold or transferred to third parties. Finally, Personal Information described in this paragraph may also be disclosed for due diligence purposes in connection with any proposed transaction of the sorts described in this paragraph.
Aggregate or Anonymous Non-Personal Information. We may also share aggregate or anonymous (de-identified) information with third parties for their marketing or analytics uses. Such information does not contain personal information. We may also share your information for the following limited commercial marketing purposes:
Other Third Parties. Your Personal Information may also be shared with our sponsors, partners, advertisers, advertising networks, advertising servers, and analytics companies or other third parties in connection with marketing, promotional, and other offers, as well as product information. Your Personal Information may also be shared with third parties we identify at the time you provide your Personal Information or otherwise with your consent.
- YOUR CHOICES AND OPT-OUT
Certain parts of the SHC Services require cookies. You are free to set your browser or operating system settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features through the SHC Services or take full advantage of all of our offerings. Please refer to your Web browser’s or operating system’s website or “Help” section for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences. On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.
We, or other parties we do business with, may place or recognize unique cookies or other technologies on your browser when you visit the SHC Services to collect information about your use of the SHC Services and your other online activities over time and across different websites and apps, and may use that information to serve interest-based advertisements to you as you browse the Internet. To learn more about such interest-based advertising, please review the information below:
- To opt-out of such collection and use for online behavioral advertising by the Digital Advertising Alliance (DAA) participating companies in the United States, please visit: http://www.aboutads.info/choices/; DAA AppChoices http://www.aboutads.info/appchoices/.
- To opt-out from the use of information about your online activities for online behavioral advertising by NAI member companies, visit: http://www.networkadvertising.org/choices/. Please note that even if you opt-out, you may still receive advertisements from SHC that are not customized based on your Usage Information.
- To learn how to manage privacy and storage settings for Flash cookies, please visit: https://www.adobe.com/support/documentation/en/flashplayer/help/settings_manager.html.
Access and Updates to Your Personal Information:
If you wish to verify, correct, or update any of your Personal Information in your SHC account, you may visit your Account Page or contact us at the address or e-mail in the Contact Us section below. California residents may exercise their rights to access or delete Personal Information according to the instructions in the “Your California Privacy Rights” Section below.
Unsubscribing from Communications by Us:
We provide our customers with the opportunity to opt-out of having their Personal Information used for purposes not directly related to placement, processing, fulfillment, or delivery of a product order or servicing of your product. To opt-out of marketing communications, you may:
- Send us an e-mail at firstname.lastname@example.org,
- Contact us by mail at SIMPLER Hair Color, Simpler Hair Color, 6900 Dallas Parkway Floor 3 Plano, TX 75024, or
- Unsubscribe from our marketing email communications at any time by unsubscribing or following the instructions contained within the email.
Your California Privacy Rights:
Categories of Personal Information Sold
In the last 12 months, SHC has sold the following categories of Personal Information:
We do not knowingly sell Personal Information about persons under the age of 16.
Categories of Personal Information Disclosed
In the last 12 months, SHC has disclosed the following categories of Personal Information for a business purpose (such as with our service providers who are restricted from using your Personal Information outside the scope of their services for SHC):
- Identifiers/Contact Information, disclosed to Billing Service Providers, Email/SMS Service Providers, Customer Service and Intelligence Platforms, Network Security and Fraud Protection Services, Campaign Optimization Service Providers, and Cloud Data Storage Providers;
- Protected Classification Information, disclosed to Billing Service Providers, Email/SMS Service Providers, Customer Service and Intelligence Platforms, Network Security and Fraud Protection Services, and Cloud Data Storage Providers;
- Commercial Information, disclosed to Billing Service Providers, Email/SMS Service Providers, Customer Service and Intelligence Platforms, Network Security and Fraud Protection Services, Campaign Optimization Service Providers, and Cloud Data Storage Providers;
- Internet/Electronic Activity, disclosed to Billing Service Providers, Email/SMS Service Providers, Customer Service and Intelligence Platforms, Network Security and Fraud Protection Services, Campaign Optimization Service Providers, and Cloud Data Storage Providers;
- Geolocation, disclosed to Billing Service Providers, Email/SMS Service Providers, Customer Service and Intelligence Platforms, Network Security and Fraud Protection Services, and Cloud Data Storage Providers; and
- Inferences, disclosed to Billing Service Providers, Email/SMS Service Providers, Customer Service and Intelligence Platforms, Network Security and Fraud Protection Services, and Cloud Data Storage Providers.
Access and Deletion Requests
California residents have the right to know what Personal Information that SHC collected, disclosed, and sold about them. In particular, they may:
Request, up to two times each year, that we disclose to you:
- the categories and specific pieces of Personal Information that we collected about you in the preceding 12 months, the business purpose for such collection, and corresponding categories of sources from which we collected the information,
- the categories of Personal Information, and the categories of third parties to whom we disclosed your Personal Information in the preceding 12 months, and the business or commercial purpose for such disclosure,
- the categories of Personal Information and the categories of third parties to whom we sold your Personal Information in the preceding 12 months, and the commercial purpose for such sale.
Request that we delete any Personal Information that we have collected from or about you. Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, for our internal purposes, or to comply with a legal obligation.
To take advantage of these rights, please contact us at by email at email@example.com, by phone at 1-800-699-2659, or by mail at Attn: Member Services/Privacy Officer, Simpler Hair Color, 6900 Dallas Parkway Floor 3 Plano, TX 75024. We may request certain information to verify your identity before we can respond to your access and deletion requests. We value your privacy and will not discriminate in response to your exercise of your privacy rights. SHC will confirm receipt of your request within 10 business days and will respond to your request within 45 calendar days, after proper verification, unless we need additional time, in which case we will let you know.
You also may request to opt out of SHC’s sale of your Personal Information to third parties, and to our affiliated companies that do not share the same brand name, for their commercial use. This means that, if you opt out, going forward, we will not share your Personal Information with such third parties to use for their purposes unless you later direct us to do so. To effect the opt out, please send us an email at firstname.lastname@example.org. We will comply with your opt-out request within 15 business days.
You may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you’ve authorized them to act on your behalf, and that they are registered with the California Secretary of State to conduct business in California, or must demonstrate they have power of attorney pursuant to applicable probate law. SHC retains the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity. An authorized agent is prohibited from using a consumer’s personal information, or any information collected from or about the consumer, for any purpose other than to fulfill the consumer’s requests, for verification, or for fraud prevention.
- CHILDREN'S PRIVACY
Protecting children’s privacy is important to us. We do not direct the SHC Services to, nor do we knowingly collect any Personal Information from, children under the age of sixteen. If SHC learns that a child under the age of sixteen has provided Personal Information through the SHC Services, we will use reasonable efforts to remove such information from our files.
- SECURITY OF YOUR INFORMATION
- OTHER SITES
The SHC Services may contain links to other sites that we do not own or operate. This includes links from service providers, fulfillment companies, advertisers, sponsors, or other business partners that may use our logo(s) as part of a co-branding agreement. We are not responsible for these sites or their content, products, services or privacy policies or practices. These other web sites may send their own cookies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of the SHC Services (including those linked to through an email or social networking page).
- CONSENT TO PROCESSING & INTERNATIONAL TRANSFERS
SHC is a global business and it, or its service providers, may process, transfer and store information about our users on servers located in a number of countries, including the United States. As a result, your Personal Information may be subject to data protection and other laws that may differ from your country of residence. Your Personal Information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate. By using the SHC Services, or by providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as, or equivalent to, those in the country where you reside and/or are a citizen.
- CHANGES & OTHER SHC PRIVACY POLICIES
- CONTACT US
Attn: Member Services/Privacy Officer
Address: Simpler Hair Color, 6900 Dallas Parkway Floor 3 Plano, TX 75024
TERMS OF SERVICE
Last updated: 7/14/2023
SHC may revise these Terms at any time. Your continued usage of the SHC Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the SHC Services are protected by law, including, but not limited to, United States copyright laws and international treaties.
The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the SHC Services for any reason.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH SHC ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 12). PLEASE READ IT CAREFULLY.
You must be 18 years of age or older to visit or use the SHC Services in any manner. By visiting the SHC Services or accepting the Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to the Company that you will use the SHC Services in a manner consistent with any and all applicable laws and regulations.
2. USE OF THE SHC SERVICES
2.1 Use Restrictions
The content on the SHC Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from SHC’s licensors, and any other materials displayed through the SHC Services (collectively, the “Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with SHC. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of SHC or its licensors.
SHC authorizes you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2020, SIMPLER Hair Color, Inc. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the SHC Services may be included elsewhere within the SHC Services and are incorporated into these Terms by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to SHC and its licensors. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
So long as you are in compliance with these Terms, the Company grants a non-exclusive limited, non-transferable license to use the SHC Services. You may not distribute or make the SHC Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by the Company that replace and/or supplement the original SHC Services, unless such upgrade is accompanied by separate or updated Terms of Service. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without SHC’s written permission, “mirror” any Contents contained in the SHC Services or any other server. You hereby represent and warrant that you will not, and will not induce any third party to use the SHC Services in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of SIMPLER Hair Color or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to SHC’ user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulation; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies.
SHC reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the SHC Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
2.2 User Submissions
Except as provided under Submission of Ideas (Section 2.3 below), SHC does not claim ownership of any information or material a user provides to SHC or posts, uploads, input, submits, or transmits to the SHC Services (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the SHC Services, or which, in the judgment of SHC, exposes SHC or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by SHC. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—SHC a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, SHC is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. SHC is not responsible for the consequences of any Submission. SHC is not responsible for screening or monitoring Submissions made to this SHC Services by users. If notified by a user of a Submission allegedly in violation of these Terms, SHC may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. SHC will have no liability or responsibility to users for performance or nonperformance of such activities.
SHC reserves the right (but is not obligated) to: (a) record the dialogue on the SHC Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the SHC Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the SHC Services, regardless of whether such Submission violates these Terms.
2.3 Submission of Ideas
Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Ideas”) in any form to SHC. SHC policy is to not accept, review, or consider unsolicited Ideas or suggestions (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new artwork or other works, or new product names). The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of SHC’s products, services or marketing strategies might seem similar to ideas submitted to SHC.
Notwithstanding such policy, any Ideas that are offered or communicated to us through the SHC Services or otherwise shall be the property of SHC, and may be treated by SHC as non-confidential information. In such case, you agree that: (a) any Idea (including its complete contents) by you to SHC will automatically become the property of SIMPLER Hair Color, without any compensation to you; (b) SHC may use or redistribute any Ideas and its contents for any purpose and in any way, without any compensation to you; (c) SHC has no obligation to review any Idea; and (d) SHC has no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by, SHC.
2.4 Your Account
If you use the SHC Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. SHC reserves the right to refuse service, terminate accounts or memberships, remove or edit content, or cancel orders or shipments in its sole discretion.
3. TERMS OF SALE
SHC sells hair color and other personal care products (the “Products”) to end-user customers (“Customers”) who have the option to purchase a recurring membership plan (such Customers are also “Members”) to have the Products shipped regularly on a schedule of the Member’s choosing only for their own personal, non-commercial use (the “Membership”). You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
3.2 Products and Product Pricing
The price that we will charge you for the Products and Membership may be based on a tiered pricing structure. Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on the SHC website. We reserve the right to change a Product’s price or the tiered pricing structure at any time, with appropriate notice to you. We do not provide price protection or refunds in the event of promotions or price decreases.
3.3 Memberships and Promotions
Members may begin or reactivate their Membership.
Members will receive Products shipped regularly based on the Membership and/or Products selected. SHC will bill your credit, debit, or other Company-accepted payment method (“Payment Method”) for the applicable Products based on your Membership, unless you cancel your Membership in accordance with Section 4.3.
To view the specific details of your Membership, including frequency of shipments and next ship date, visit our website and click on “Login.” To view your membership, click “Manage Subscriptions”.
SHC reserves the right, in its absolute discretion, to withdraw or modify any Product, Membership, offering, or promotion at any time without prior notice and with no liability. Any and all Products, Memberships, offers, or promotions advertised on the SHC Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
3.4 Processing Orders
If any problems arise with your order, or with the shipping address or Payment Method associated with your Membership, and SHC is unable to resolve the problem, we may notify you via e-mail using the address associated with your Membership. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future orders until the problem has been resolved.
If you are dissatisfied with one of our Products for any reason, we will refund the amount paid for that Product in your most recent order received. Refund requests must be made directly to us at email@example.com within 60 days of the date of shipment by SHC. We are not liable for Products that are damaged or lost in transit to SIMPLER Hair Color. Promptly following SIMPLER Hair Color’s receipt of your request (typically within five (5) business days), SIMPLER Hair Color will credit the amount paid for the returned Product to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, SHC does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the chargeback.
We will not provide a refund for a request that is received by SIMPLER Hair Color more than 60 days after the date of original shipment.
3.6 Gift Cards
The risk of loss and title to gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. SHC shall have the right to refuse service, suspend or terminate accounts or memberships or any related account(s), cancel orders or product shipments, or recoup the amount of the Gift Card by charging the amount from the Payment Method supplied, in each case in its sole discretion, if SHC suspects a Gift Card is being redeemed and/or used in a fraudulent manner to make purchases on the SHC Services.
4. MEMBERSHIP TERMS AND CANCELLATION POLICY
4.1 Recurring Membership; Automatic Renewal
YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
SHC will automatically renew your Membership and charge your Payment Method depending on the Membership shipping frequency chosen by you and, as authorized by you by agreeing to the automatic renewal of your Membership during the Member sign-up process.
Your Payment Method will be charged on your order date. We will charge your Payment Method with the applicable cost for your order, along with any shipping and handling costs and sales or similar taxes that may be charged with your Membership.
To avoid being charged, you must cancel your Membership in accordance with Section 4.3. We will continue to bill your Payment Method on a recurring basis (depending on the Membership and order shipping frequency selected) until you cancel.
4.2 Pausing and Resuming Membership; Shipping Frequency
Members will be shipped an order based on the shipping frequency and/or shipping date chosen in their account.
Members can choose to decrease or increase their order shipping frequency anywhere between one (1) and six (6) months through their Member account page. These Members can also choose a specific shipping date for their next order that is anywhere between one (1) business day and up to six months away. Members that wish to retain their Membership but have their order shipped less often than six months must log in to their Member account page at least one full business day prior to your next order shipping date to extend the shipping date for an additional period (up to six months) for the next order.
4.3 Membership Cancellation
You may cancel your Membership at any time from the Account page on the SHC website. To cancel a Membership, click on “Manage Subscriptions” link within your account login, then follow instructions towards cancellation. Cancellation requests submitted in this manner must be received at least one full business day prior to your next order shipping date to avoid being charged for that order. Cancellation requests received by SHC through other channels may take up to five (5) business days to process. If you have any problems, please email us at firstname.lastname@example.org.
5. SHC SMS TERMS AND CONDITIONS
If you would like to receive text messages about your order status, account notifications, and other special offers and announcements, you may sign up by visiting your Member account page and providing your consent to receive autodialed texts from or on behalf of us at the mobile number you’ve provided to opt-in. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to unsubscribe, you can follow the instructions provided in those messages. If you have any questions, contact our customer service department at email@example.com.
6. LIABILITY OF SHC AND ITS LICENSORS AND PARTNERS
The use of the SHC Services or the Contents is at your own risk. The Contents in the SHC Services could include technical inaccuracies or typographical errors. SHC may make changes or improvements at any time.
THE CONTENTS IN THE SHC SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHC DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SHC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SHC SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE SHC SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SHC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
7. PRODUCT WARRANTIES
Variations in hair color, beard color, and hair care product outcomes can arise due to a number of factors. These may include, but are not limited to, the accuracy of your answers to Simpler Hair Color's questions and/or prompts, the specific color settings of your display device, your handling of the products, your compliance with the included instructions and warnings, and your unique hair color, beard color, and application methods for hair care products.
Simpler Hair Color does not guarantee that your hair color and hair care results will match exactly with the photos or images presented on the website. Simpler Hair Color does not assume responsibility nor provide warranties regarding specific delivery times.8. IMPORTANT SAFETY WARNINGS
Permanent hair color contains ingredients that can cause an allergic reaction, which in rare cases can be severe. Therefore, you must follow these precautions: Do not use if you have had a reaction to a hair color product, or you have a sensitive, irritated, or damaged scalp or facial skin. Conduct a skin allergy test 48 hours before each time you color, even if you have already used coloring products before. Temporary “black henna” tattoos may increase your risk of allergy to this product. Avoid eye contact. In case of eye contact immediately flush with water. If you are wearing contact lenses, remove them before rinsing the eyes. Use the gloves provided. Do not leave product on hair or beard for longer time than recommended. This product is not intended to be used on children. Keep out of reach of children. In case of reaction while coloring hair, such as a rash or burning sensation on the scalp or skin, rinse immediately and discontinue use. Call a doctor if irritation persists. For any questions relating to your individual sensitivities or specific allergies, consult a doctor. If swallowed, call a doctor or poison control center immediately. Caution: this product contains ingredients that may cause skin irritation on certain individuals and a skin sensitivity test should first be made. This product must not be used for dyeing eyelashes or eyebrows - to do so may cause blindness. Read and follow the instructions carefully before use. Always consult your physician if you have questions or concerns.9. CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES
The SHC Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the SHC Services. You agree that SHC shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the SHC Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the SHC Services does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the SHC Services, or based on such third party’s participation or presence on the SHC Services, are solely between you and the third party. SHC makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the SHC Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
You agree to defend, indemnify, and hold SHC, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "SIMPLER Hair Color Parties") harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the SHC Services or Contents, or your violation of these Terms. SHC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
11. MODIFICATION OR SUSPENSION OF THE SHC SERVICES
You agree that SHC may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the SHC Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
SHC makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the SHC Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of SHC and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.
13. CHOICE OF LAW
These Terms are governed in accordance with the laws of the state of California, United States of America, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
14. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS; CLASS ACTION WAIVER
Please read this Section 14 (“Arbitration Agreement”) carefully. It is part of your contract with SIMPLER Hair Color and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at firstname.lastname@example.org or SIMPLER Hair Color, Attn: Customer Service, Simpler Hair Color, 6900 Dallas Parkway Floor 3 Plano, TX 75024. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 14 govern dispute resolution between us.
Applicable to the United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.
You and the Company must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in California.
Applicable to Canada: After any dispute arises, the parties involved in the dispute may agree to resolve the dispute using Arbitration. If the parties elect to use arbitration, disputes shall be referred to ADR Institute of Canada. For a copy of the procedure to file a Claim, or for other information about this organization, contact them as follows: www.adrcanada.ca.
15. NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION
If you believe any Submission accessible on or from the SHC Services infringes your copyright, you should notify SHC of your infringement claim in accordance with the procedures below:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
- Your name, address, telephone number, and (if available) email address;
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
- A signature or the electronic equivalent from the copyright holder or authorized representative.
We will process each notice of alleged infringement that SIMPLER Hair Color receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to SIMPLER Hair Color’s copyright agent at email@example.com (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
SIMPLER Hair Color
6469 Almaden Expy, Ste 80 # 418
San Jose, CA 95120
In an effort to protect the rights of copyright owners, SHC maintains a policy for the termination, in appropriate circumstances, of users of the SHC Services who are repeat infringers.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of SHC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
17. COMPLETE AGREEMENT
SMS Terms of Service
SMS MOBILE MESSAGE MANAGEMENT PROGRAM TERMS AND CONDITIONS
Last revised: May 12, 2021
We and together with our partner ReCharge Inc. (hereinafter, “Recharge”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions (“Program Terms”). By opting in to or participating in the Program, you accept and agree to these Program Terms, including, without limitation, your agreement to resolve any disputes with us and/or Recharge through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. These Program Terms are limited to the Program and are not intended to modify other agreements or terms and conditions that may govern the relationship between you and Us, or you and Recharge in other contexts.
User Agreement to Receive Text Messages
You agree to receive SMS mobile messages from Us and Recharge at the phone number you provided when you signed up for your subscription, and any additional or updated phone number you provide as a contact number in connection with your subscription. Regardless of how you joined the Program, you agree that these Program Terms apply to your participation in the Program. You agree to receive autodialed, prerecorded, or predetermined mobile messages at the phone number associated with your subscription, and you understand that your consent to receive these messages is not required to make any purchase. These messages will include information on how to manage your subscription and may include special offers and other promotional content. 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 the mobile messages you receive from Us or Recharge are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out
If you do not wish to continue participating in the Program or no longer agree to these Program Terms, you agree to reply STOP to any mobile message from Recharge in order to opt out of the Program. You also may email Recharge with your phone number and the subscription for which you wish to opt out of the Program at firstname.lastname@example.org. You may continue to receive SMS messages while we process your request, and you may receive a mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out of the Program. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, Recharge, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US AND RECHARGE HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO COMPLY WITH YOUR DUTY TO NOTIFY US IN ACCORDANCE WITH THIS SECTION, 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.
Without limiting the scope of the Program, users can expect to receive messages concerning the management of the users digital subscription, events, available products and services, and special promotions.
Cost and Frequency
Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with the Program.
For support regarding the Program, text “HELP” to the number you received messages from our email 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.
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 and Recharge 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 and Recharge’s control.
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.
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
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.
In the event that there is a dispute, claim, or controversy between you and Us, or between you and Recharge 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 the Program, 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 through binding arbitration or, if applicable, in small claims court.
Any arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules or, if applicable, the Consumer Arbitration Rules, of then in effect. Except as otherwise provided herein, this arbitration agreement is governed by the Federal Arbitration Act (“FAA”) and the arbitrator shall apply the substantive laws of California, 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 as an arbitrator and and have 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, under the applicable rules, who must satisfy the same experience requirements. 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. If allowed for by the applicable rules, 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. Unless expressly allowed for by applicable law, the arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.