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Terms and Conditions

WearMePro, Inc.

Last Updated: February 8, 2024

INTRODUCTION.
Thank you for choosing to visit WearMePro, Inc., herein referred to as "Company", "We", "Us", "Our,” or “WMP” The following Terms and Conditions ("Terms" or “Agreement”) delineate the governing framework of our users (“you,” “your,” “user,” or “customer”) access, interaction, and use of all features, functionalities, services, content, and offerings presented, facilitated, or offered through our official website, sub-domains, affiliated platforms, and mobile applications (collectively, "the Platform").

Our Platform is designed to provide you with an in-depth understanding of our products, offerings, and operations, and to facilitate your interaction, purchase, and engagement with us. By accessing, browsing, registering, or engaging in any form of interaction or transaction on or through our Platform, you willingly and expressly acknowledge, accept, and agree to be bound, without limitation or qualification, by these Terms. Furthermore, you confirm that you possess the legal authority to enter into this Agreement, and that you will abide by all of its stipulations.

It is imperative that you read and comprehend these Terms in their entirety before proceeding. If, for any reason, you disagree with or cannot comply with these Terms, we urge you to refrain from using our Platform. Continued use of our Platform signifies your informed consent, agreement, and compliance with these Terms and any future revisions thereof.

In addition to these Terms, you are also bound by our Privacy Policy, which explains our practices concerning the collection, use, and sharing of your personal information. By agreeing to these Terms, you also consent to the data practices stated in our Privacy Policy.

We reserve the right to modify, amend, replace, or terminate these Terms at any point in time, at
our sole discretion. It remains your responsibility to periodically review these Terms for any
updates or changes. Your continued use of our Platform post any modifications signifies your acceptance of the amended Terms.

ELIGIBILITY.
To access or use the Platform, you must be at least 18 years of age. By agreeing to these Terms, you represent and warrant that you are at least 18 years old and have the full legal capacity to enter into binding agreements. The Platform is not intended for individuals under the age of 18, and we do not knowingly collect personal information from persons under this age. If we become aware that a user under the age of 18 has provided us with personal information or is using our services, we will take steps to remove such information and terminate the user's account. Users under 18 years of age are strictly prohibited from creating an account or accessing the services offered by the Platform. Parents or guardians of minors are advised to supervise their children's online activities and consider the use of parental control tools to ensure a child-friendly online environment.

ACCOUNT CREATION.
Registration Requirements: To utilize certain features of the Platform, you must register and create an account. During the registration process, you will be required to provide accurate and current information about yourself, including but not limited to your name, email address, and a secure password. It is your responsibility to ensure that the information you provide is accurate, complete, and kept up-to-date.

Account Security: The security of your account is paramount. You are responsible for maintaining the confidentiality of your account login information, including your password, and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with this security obligation.

Password Management: You are advised to choose a strong and secure password and to change your password regularly. Avoid using easily guessable passwords such as common phrases, dates, or personal information.

Account Integrity: You may not use anyone else's account at any time without the express permission of the account holder. You are prohibited from selling, trading, or otherwise transferring your account to another party.

Account Activity: You are responsible for all actions taken in connection with your account. If you suspect or become aware of any unauthorized use of your account or any other security breach, you must report it to us immediately.

Account Termination: The Company reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. We also reserve the right to suspend or terminate accounts that are involved in activities that violate these Terms or any applicable laws.

By creating an account, you agree to comply with these provisions and acknowledge that your account is personal to you and cannot be shared with or transferred to others.

USER GUIDELINES.
Acceptable Use: Users are expected to use the Platform and its services in a responsible and lawful manner. All activities conducted through the Platform must comply with these Terms, applicable laws, and the rights of others. Users must not engage in any conduct that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

Prohibited Activities: Without limitation, users are prohibited from:

  • Illegal Activities: Engaging in any illegal activities or conducting transactions that violate applicable laws, regulations, or these Terms.
  • Infringement of Rights: Violating the intellectual property rights, privacy rights, or other rights of the Company or any third party.
  • Disruption: Interfering with, disrupting, or creating an undue burden on the Platform or the networks or services connected to the Platform.
  • Unauthorized Access: Attempting to gain unauthorized access to the Platform, other users' accounts, or systems or networks connected to the Platform through hacking, password mining, or any other means.
  • Distribution of Malicious Software: Distributing viruses, spyware, worms, or other malicious code or files that may damage the operation of any computer, the Platform, or other users' devices.
  • Misrepresentation: Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  • Commercial Activities: Using the Platform for commercial purposes not expressly approved by the Company, including but not limited to advertising, soliciting, or selling goods or services, unless authorized by the Company.
  • Content Standards: Any content you upload, post, email, transmit, or otherwise make available on the Platform must comply with all applicable laws and must not contain or promote:
  • Infringing Material: Material that infringes on the intellectual property rights of others.
  • Offensive Content: Content that is defamatory, obscene, pornographic, violent, hateful, or racially or ethnically offensive.
  • False Information: Misleading or false information, or promotions of illegal activities.

Reporting Violations: Users are encouraged to report any violations of these guidelines to the Company promptly. We reserve the right, at our sole discretion, to investigate and take appropriate legal action against anyone who violates these guidelines, including removing the offending communication from the Platform and terminating or suspending the account of such violators.

Enforcement: The Company reserves the right to enforce these guidelines in its sole discretion and without notice. Actions may include, but are not limited to, monitoring of the Platform for violations, removal of prohibited content, and the suspension or termination of user accounts for serious or repeated violations.

By using the Platform, you agree to adhere to these User Conduct and Guidelines, which are designed to ensure a safe, respectful, and lawful environment for all users. Violation of these guidelines may result in suspension or termination of your access to the Platform and legal action where warranted.

TERMS OF SALE.
The following terms apply to your purchase of the products offered on the Platform, whether by way of a Membership, “add-on” product, or otherwise (“Products”).

  • Product Descriptions: We try to make the Platform thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Platform may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability, or that may otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Platform or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
  • Availability and Pricing: WearMePro reserves the right to change the prices and available Products and Memberships at any time. Any Membership you have already paid for as of the date of such notice will not be affected by such change for the then-current term of the Membership. Quantities of some Products may be limited and stock cannot always be guaranteed. We may occasionally make errors in the stated prices on this Platform. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
  • Purchasing Products: Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
  • Orders: We have the right to refuse or limit any orders, limit quantities, and Memberships. For season and annual memberships, the Company makes no guarantees about the style or color of the Product(s) shipped, as those Products are selected with care by WearMePro, and may change from shipment to shipment. Products should arrive within 7-10 business days after customer is charged for domestic orders. International orders can take up to six weeks to arrive.
  • Payment: You authorize us (and any payment processor) to charge your payment card for all purchases you make, including regularly for Memberships. We accept the forms of payment stated on the Platform and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Platform in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Platform in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
  • Taxes: Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase. Sales Tax will be charged with each purchase, and added to the Customer's order at checkout.
  • Gift Certificates: Gift certificates will expire or decline in value, or not, in accordance with the laws of the purchaser’s location at the time of purchase.

ORDERING AND PAYMENT.
Order Placement: To purchase a product from our Platform, you must select the desired product, choose the quantity, and add it to your shopping cart. Once you have added all desired items to your cart, you can proceed to checkout. At checkout, you will be required to provide relevant information, including but not limited to, your billing address, shipping address, and contact details.

Order Confirmation: After placing an order, you will receive an order acknowledgment email, indicating the receipt of your order. This acknowledgment does not constitute an acceptance of your order but merely confirms that we have received it. Your order will be deemed accepted, and a contract established between you and us, only once we send you an email confirming the shipment of your ordered product(s).

Price Discrepancies: In the event of a discrepancy between the price charged and our published price, either due to a typographical error or otherwise, we reserve the right to correct it. If the corrected amount is higher than the original price stated, we will notify you and obtain your confirmation before charging the additional amount. If the corrected price is lower than the originally charged amount, we will refund the difference.

Cancellations: We reserve the right to refuse or cancel any orders, whether or not the order has been confirmed and your payment method charged. In cases where your payment has already been received and we cancel the order, a full refund will be issued to the original method of payment.

SHIPPING AND DELIVERY.
Damaged or Incomplete Shipments: In the event that you receive a shipment from WMP that is either damaged or incomplete, it is imperative that you contact us immediately at service@wmpeyewear.com. We require notification of any such issues within thirty (30) days from the receipt date, as documented by our common carrier’s shipping information. Upon receipt of your communication, we will assess the situation and, at our sole discretion, determine whether a refund or replacement is appropriate. The resolution of damaged or incomplete shipments is solely at the discretion of the Company and is aimed at ensuring customer satisfaction within the bounds of our operational capabilities.

Transfer of Title and Risk of Loss/Damage: The title to and the risk of loss or damage of all products purchased from the Site transfer from the Company to you, the customer, at the time of delivery to the common carrier for shipment. By purchasing products for shipment, you are authorizing the Company to engage a common carrier on your behalf to deliver your order. This act constitutes a service provided by the Company, acting in your interest. The Company retains the right to decide on all procedures, packaging, and the selection of the common carrier for the sold products. It is important to note that there may be limitations regarding the ability to ship orders to post office boxes, specific addresses, or on certain days. Furthermore, the Company reserves the right to ship your order in multiple boxes or shipments, depending on the size, quantity, or nature of the products ordered.

Carrier and Delivery: While the Company strives to ensure timely and accurate delivery of products, the actual delivery of your order will be carried out by a third-party common carrier, and as such, specific delivery times and dates cannot be guaranteed. The Company is not liable for any delays, damages, or losses incurred during the shipping process that are beyond our control.

By agreeing to these Shipping and Delivery Terms, you acknowledge and accept the transfer of title and risk as outlined above and agree to cooperate with the Company in addressing any issues related to shipping and delivery in accordance with the specified terms.

RETURNS AND REFUNDS.
Eligibility for Returns: We are pleased to accept returns within 30 days of delivery, provided the items are in their untouched, original condition, and packaging. Returns will be reimbursed to the original method of payment or as store credit upon the customer's preference.

Criteria for a Complete Refund:

  • Items must be returned in their pristine, unworn/unused state, accompanied by the original packaging.
  • Please be aware that original shipping charges are non-refundable.

Expiration of Return Process: Initiating a return is the first step towards a refund or exchange.However, if the items are not returned to a Return Bar or shipped back to us within 30 days of initiation, the return process will be deemed expired and will no longer be valid.

Exclusions:

  • Final Sale Items: Items identified as Final Sale are not eligible for return or exchange. Please review the Product Description Page for specifics on return eligibility.
  • Promotional Returns: In the case of a Buy 1 Get 1 FREE promotion, both the purchased item and the free item must be returned to qualify for a full refund.

Return Options:

  • Happy Returns In-Person: We&#39;ve partnered with Happy Returns for a seamless, eco-friendly return experience. Start your return online, specify your items and reasons, and locate a Return Bar near you. Utilize the QR code from Happy Returns to finalize your return. A nominal $5 processing fee applies for Happy Bar returns, which is waived if you opt for a store credit refund.
  • Mail-in Returns: A pre-paid USPS label will be provided for your convenience. Attach the printed label to your return package. While returns for store credit do not incur a fee, a $5 shipping label fee will apply for refunds to the original payment method.
  • International Returns: Customers outside the domestic return range must ship returns at their own cost, as return labels are not provided for international returns.

Processing Your Return: Upon your return's arrival at our warehouse, we will need 48 hours to
process it. Refunds will be credited back to the original payment method. Transaction processing
times can vary, taking up to 3 business days, depending on your bank or payment provider.

Note on Store Credit: Choosing store credit as your refund method is final. Once selected, the option to revert to the original payment method will not be available.

By making a purchase with us, you agree to this Returns and Refunds Policy. Thank you for
understanding our commitment to ensuring a straightforward and satisfactory return process.

INTELLECTUAL PROPERTY.
Ownership: All content presented or displayed on our Platform, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the sole property of WMP or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Use Restrictions: The compilation of all content on our Platform is our exclusive property, and you are expressly prohibited from reproducing, modifying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works from, or using any content available on or through our Platform for commercial or public purposes, without our prior written permission.

Trademarks: The WMP, its logo, and all related names, logos, product and service names, designs, and slogans are trademarks of WMP or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Platform are the trademarks of their respective owners.

Infringement Claims: We respect the intellectual property rights of others and expect our users to
do the same. If you believe that any content on our Platform infringes upon your intellectual
property rights, please provide us with a detailed notice with the requisite information to evaluate
and, if valid, act on such claims.

License Grant: By using our Platform, you are granted a limited, non-exclusive, non-transferable,
non-sub licensable license to access and use the content and services for your personal, non-
commercial use, subject to compliance with these Terms. This license does not include any right
for resale, commercial use, distribution, or modification of any content or service.

Termination of License: Any unauthorized use by you of our Platform or any breach of these Terms terminates the license granted herein. Upon such termination, you must cease all use of our Platform and its content.

USER CONTENT.
Definition of User Content: Any text, images, videos, artworks, ideas, queries, reviews, comments, suggestions, or any other form of content that you submit, post, or otherwise make available to the platform ("Site") or directly to us constitutes"User Content". The terms outlined below govern your submission and our use of User Content:

Grant of License to the Company: By submitting, posting, or sharing User Content with WMP, you hereby grant us a global, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, publish, perform, sell, transmit, modify, adapt, create derivative works from, and otherwise exploit your User Content in any existing or future media. This license extends to all forms of use, including but not limited to promotional, marketing, and commercial uses. Notwithstanding the above, you maintain ownership of your User Content, subject to the rights granted herein.

Waiver of Moral Rights: You unconditionally and irrevocably waive any and all moral rights you may have in your User Content, thereby allowing us the unfettered right to use your User Content without any attribution or derivative restrictions.

Consent to Use of Personal Attributes: In conjunction with the User Content, you grant us the right to use your name, image, likeness, and any other personal or biographical information you provide. This consent is for the purpose of associating you with your User Content and as part of
the content's use and distribution.

Your Responsibilities: You acknowledge and agree that you are solely responsible for the User Content you submit. You represent and warrant that:

  • You possess all necessary rights, licenses, consents, and permissions to grant us the rights to your User Content as described herein.
  • The submission, sharing, and use of your User Content do not and will not infringe, misappropriate, or violate any third party’s intellectual property rights, privacy rights, or any applicable laws or regulations.

Company’s Discretion on User Content: The Company is under no obligation to keep any User Content confidential, to pay compensation for its use, or to respond to any User Content. We reserve the right, at our sole discretion, to remove, edit, or refuse any User Content for any reason, including content that violates these Terms, without notice or liability.

By submitting, posting, or sharing User Content on or through the Site, you agree to these User Content Policy terms, granting us the necessary rights to utilize your User Content as specified. This policy ensures our platform remains a respectful and legally compliant space for all users, while also providing the Company with the flexibility to promote and enhance our services.

WARRANTIES AND DISCLAIMER.
NO WARRANTIES. THE PLATFORM, SERVICES AND PRODUCTS ARE PROVIDED “AS AVAILABLE” AND “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. WEARMEPRO DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WEARMEPRO DOES NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT.

CUSTOMER USE OF PLATFORM IS AT HIS/HER/ITS OWN RISK. WEARMEPRO DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, SERVICES, OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. WEARMEPRO MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS, PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. WEARMEPRO WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE PLATFORM, ANY LINKS TO THIRD-PARTY WEBPLATFORMS OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. WEARMEPRO MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.

NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS. WEARMEPRO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE PLATFORM, AND WEARMEPRO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WEARMEPRO WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

VARIATION OF RIGHTS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.

LIMITATION OF LIABILITY.
General Disclaimer: TO THE FULLEST EXTENT PERMITTED BY LAW, WMP, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE OUR PLATFORM, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, ANY PERSONAL INFORMATION STORED THEREIN, OR ANY INTERRUPTION OR CESSATION OF THE SERVICES WE PROVIDE.

Product Liability: BY PURCHASING PRODUCTS FROM OUR PLATFORM, YOU ACKNOWLEDGE THAT THE CONSUMPTION OF NUT-BASED PRODUCTS CARRIES INHERENT RISKS, PARTICULARLY FOR INDIVIDUALS WITH NUT ALLERGIES OR SENSITIVITIES. WE SHALL NOT BE HELD LIABLE FOR ANY ADVERSE REACTIONS OR HEALTH ISSUES YOU MAY EXPERIENCE FROM CONSUMING OUR PRODUCTS, OR ANY CROSS-CONTAMINATIONS THAT MAY OCCUR AT YOUR LOCATION. YOU ARE RESPONSIBLE FOR UNDERSTANDING YOUR DIETARY NEEDS AND RESTRICTIONS, AND WE URGE YOU TO CONSULT WITH A HEALTHCARE PROFESSIONAL IF YOU HAVE CONCERNS ABOUT CONSUMING NUT-BASED PRODUCTS.

Maximal Liability: IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU, FOR ALL CLAIMS RELATING TO OUR PLATFORM, SERVICES, OR PRODUCTS, EXCEED THE SUM OF $100.

Third-Party Links and Tools: We may provide links to third-party websites or tools. We do not monitor, control, or assume liability for any third-party content, websites, products, or services. You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement.

No Guarantees: We do not guarantee, represent, or warrant that your use of our Platform will be uninterrupted, timely, secure, or error-free. You agree that from time to time we may remove the Platform for indefinite periods, cancel it at any time, or otherwise limit or disable your access without notice to you.

Acknowledgment: You acknowledge that the above limitations of liability are fundamental elements of the basis of the bargain between us and you, and our Platform and products would be provided without such limitations.

INDEMNIFICATION.
Obligation to Indemnify: YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS WMP, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONSULTANTS, SUPPLIERS, AND ANY THIRD-PARTY WEBSITE PROVIDERS FROM AND AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) THAT SUCH PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) VIOLATION OR BREACH OF ANY REPRESENTATION OR OBLIGATION UNDER THESE TERMS OR YOUR USE OF OUR PLATFORM OR THE SERVICES OR PRODUCTS WE OFFER.

Cooperation and Defense: You agree to cooperate fully in the defense of any claim challenged or questioned under this indemnification provision. WMP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of WMP.

Continuous Effect: This indemnification provision shall remain in full force and effect regardless of any investigation made by or on behalf of the indemnified party or any officer, director, or employee of such indemnified party and shall survive the termination of your use of our Platform or any services or products we offer.

No Limitation: Your indemnification obligations cover claims against you and WMP alike, including situations where you have acted negligently or in a manner that may not align with the best interests of WMP.

ERRORS AND OMISSIONS.
Acknowledgment of Possibility of Errors: WearMePro, Inc. makes every effort to ensure that all
information provided on our website and through our communications is accurate, complete, and current. However, despite our efforts, there may be occasions when information on the Site or within our service offerings contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.

Right to Correct Errors: We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

No Liability for Errors: While we undertake to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law, we make no commitment to update the information contained in the Service or on any related website. 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. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Accordingly, the Company shall not be liable for any errors or omissions in any content, or for any loss or damage incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

User Responsibility: It is your responsibility to verify any information provided by the Site or
Service before relying on it. By continuing to use the Site and Service, you agree to accept responsibility for reviewing, confirming, and satisfying yourself as to the accuracy of the information provided.

MARKETING.
Enrollment in SMS/MMS Marketing Program: By opting into our SMS/MMS marketing program, you agree to receive recurring automated marketing and informational text (SMS/MMS) messages from the Company, including text messages that may be sent using an automatic telephone dialing system, to the telephone number provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg &amp; Data rates may apply.

Message Frequency: The number of Company marketing messages you receive may vary depending on several factors, including your engagement with the messages, the preferences you set within your account, and the discretion of the Company.

Opt-Out and Support: You may cancel the SMS/MMS service at any time by texting the word
"STOP" to the short code provided in our messages. After you send the message "STOP" to us,
we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive SMS/MMS messages from us. If you want to join again, you will need to re-enroll in the program. For support or assistance, text &quot;HELP&quot; to the short code or email service@wmpeyewear.com.

Terms & Conditions and Privacy Policy: Participation in the SMS/MMS marketing program is subject to the SMS/MMS Marketing Program Terms, which are detailed in a separate document or section titled "SMS/MMS Marketing Program Terms". By opting into the SMS/MMS marketing program, you also agree to our Privacy Policy, which describes how we collect, use, and share your personal information.

Changes to Terms and Termination: The Company reserves the right to modify, terminate, or change the SMS/MMS marketing program terms at any time, without notice, at its sole discretion. Any changes will be effective immediately upon posting the revised terms and conditions on our website.

By opting into our SMS/MMS marketing program, you warrant that you are the owner of the
mobile phone to which messages will be sent, or that you have the authorized right to consent to
receive messages on behalf of the owner. You further acknowledge and agree to the marketing
communications terms as outlined above and detailed in the "SMS/MMS Marketing Program
Terms."

DATA PRIVACY.
Commitment to Privacy: At WMP, we are deeply committed to maintaining the trust and confidence of our users. We understand that when you choose to provide us with information about yourself, you trust us to act responsibly and in your best interests, hence we take that trust seriously and are committed to ensuring the privacy and security of your personal information.

Collection of Data: We may collect various types of information, including personal and non-personal data, as you interact with our Platform. Personal data could include your name, email address, physical address, and payment information.

Use of Data: Your data aids us in offering a more tailored and user-friendly experience, processing your orders efficiently, responding to your inquiries promptly, and keeping you informed about our latest products and offerings.

Privacy Policy: For a more detailed understanding of how we collect, use, and protect your personal data, please refer to our comprehensive Privacy Policy. By using our Platform, you consent to the practices detailed in our Privacy Policy.

Changes to the Provision: We may update this DATA PRIVACY provision from time to time. Any changes will be effective immediately upon posting the updated provision on our Platform. Your continued use of our Platform following such updates signifies your acceptance of the changes.

DISPUTE RESOLUTION.
Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at service@wmpeyewear.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.

Mediation: If the parties are unable to resolve the dispute through direct negotiations, they agree to endeavor to settle the dispute through mediation administered by a neutral mediator before resorting to litigation or any other dispute resolution procedure. The parties will jointly appoint an agreeable mediator and will share equally in the costs of such mediation.

Binding Arbitration: If mediation proves unsuccessful, either party may initiate binding arbitration. Such arbitration shall be administered by a recognized arbitral body mutually agreed upon by the parties. The judgment rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs in the arbitration and shall share equally the costs of the arbitrator.

Exceptions: Notwithstanding the above clauses, WMP reserves the right to seek injunctive relief or file for damages in any court of competent jurisdiction in cases where WMP believes that its intellectual property rights have been violated or where it deems necessary to protect its business interests.

Opt-Out: IF YOU ARE A NEW WEARMEPRO USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO SERVICE@WMPEYEWEAR.COM. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW WEARMEPRO USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.

Procedure: In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to: service@wmpeyewear.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

WAIVER: BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

STATUTE OF LIMITATIONS: REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE PLATFORM, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

GOVERNING LAW.
Jurisdiction & Applicability: These Terms and Conditions, including all agreements and policies incorporated by reference, shall be governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any principles of conflicts of laws thereof that would lead to the application of the laws of another jurisdiction.

Scope: The laws of the State of Arizona shall govern all matters arising out of or relating to these Terms and Conditions, including, without limitation, its validity, interpretation, construction, performance, and enforcement.

Exclusivity: Both parties agree that any legal action or proceeding arising out of or in connection to the obligations, rights, and remedies of parties under these Terms and Conditions shall be brought exclusively in the courts of Arizona County, Arizona. Each party consents and submits to the exclusive jurisdiction of these courts in any such action or proceeding and waives any objection to venue or inconvenient forum.

International Use & Compliance: If you access our Platform from outside the United States, you are responsible for compliance with local laws. WMP makes no representation that materials or content available through our Platform are appropriate or available for use outside of the United States, and accessing them from territories where their contents are illegal is prohibited.

Waiver of Class Action: You and WMP agree that any proceedings to resolve or litigate any dispute will be conducted on an individual basis and not as a class action or other representative action, whether within a class-wide arbitration, by a class action, or otherwise. Both parties expressly waive any ability to maintain any class action in any forum.

AMENDMENTS.
Right to Amend: WMP reserves the right, at its sole discretion, to modify, alter, or update these Terms and Conditions at any time. Such modifications shall be effective immediately upon posting to the Platform.

Notification: While we endeavor to notify our users of any significant changes to our Terms and Conditions, it is your responsibility to review these Terms periodically for any changes. Your continued use of the Platform following the posting of revisions will mean that you accept and agree to the changes.

Date of Last Amendment: To aid in identifying updates, we will include a "last updated" date at
the beginning or end of the Terms and Conditions.

Acceptance & Waiver: If you continue to use our Platform after any amendments or modifications, it signifies your agreement to be bound by the revised terms. If you do not agree with any change to these Terms, you must cease your use of the Platform immediately. No waiver of any of these Terms by WMP shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Substantial Changes: In the case of substantial changes to these Terms and Conditions that may materially diminish your rights or increase your responsibilities, we will provide more significant notice, such as via email or prominent posting on our Platform, at least 30 days in advance of the changes taking effect.

THIRD PARTY LINKS.
Links on the Platform: Our Platform may contain links to third-party websites, services, or resources that are not owned or controlled by WMP. These links are provided for your convenience and reference only.

No Endorsement: The inclusion of such links does not imply endorsement, sponsorship, or association with these third-party entities by WMP. Furthermore, we do not guarantee the standards or practices of any third-party entity associated with these links.

User's Responsibility: It is your responsibility to review the terms and conditions, privacy policies, and other governing documents of any third-party websites or services you visit. You acknowledge and agree that WMP is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

Content & Security: We do not monitor, verify, or endorse information submitted on third-party
websites and are not responsible for their availability, content, or security. Accessing any third-
party websites is at your own risk.

Termination of Links: WMP reserves the right, at its sole discretion, to terminate any third-party
link or linking program at any time and for any reason, including links that have been provided
by authorized third parties.

FORCE MAJEURE.
Definition: "Force Majeure" refers to any event or circumstance beyond the reasonable control of WMP, including but not limited to: acts of God, natural disasters (such as earthquakes, floods, storms, or fires), wars, hostilities, civil disturbances, government actions, embargoes or blockades, national or regional emergencies, strikes or labor disputes (excluding those involving our own employees), utility failures, disruptions in telecommunication infrastructure, epidemic or pandemic situations, or any other exceptional and catastrophic event.

Suspension of Obligations: If WMP is prevented or delayed from complying with any of its obligations under these Terms and Conditions due to a Force Majeure event, it will not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances, or causes beyond its reasonable control.

Notification: WMP shall, as soon as reasonably practicable after the start of a Force Majeure event, notify you of the nature and extent of the Force Majeure event, the effect on its ability to perform, and the anticipated duration of the interference with its performance.

Mitigation: WMP will use commercially reasonable efforts to minimize the effects of the Force Majeure event and to ensure the resumption of its regular obligations as soon as possible.

Right to Terminate: If the Force Majeure event continues for a continuous period of more than 60 days, either party may terminate the agreement by giving 10 days written notice to the other party. Upon such termination, neither party shall be liable to the other, except for any liability which may have arisen before the occurrence of the Force Majeure event.

ASSIGNMENT.
Prohibition Without Consent: You may not assign, delegate, subcontract, or otherwise transfer your rights, obligations, or duties under these Terms and Conditions without the prior written consent of WMP. Any attempted assignment, delegation, or transfer without the requisite consent will be deemed null and void.

Company’s Rights to Assign: WMP reserves the right to assign, transfer, or delegate any of its rights and obligations under these Terms and Conditions to any third party at its sole discretion, without notice. This may include an assignment to a successor due to merger, acquisition, reorganization, or sale of all or substantially all of its assets or equity.

Binding Effect: Subject to the restrictions on assignment contained herein, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Effect of Assignment: When an assignment is made by WMP, the party receiving such assignment shall be bound by the provisions of these Terms and Conditions in the same manner as WMP and shall benefit from all rights, benefits, and interests herein.

WAIVER.
No Automatic Waivers: The failure or delay of WMP in exercising any right, remedy, power, or privilege under these Terms and Conditions shall not constitute a waiver thereof. Similarly, any single or partial exercise of any right, remedy, power, or privilege hereunder shall not preclude further exercise of the same or of any other right, remedy, power, or privilege.

Written Requirement: Any waiver by WMP of a breach of any provision of these Terms and Conditions shall only be effective if it is in writing and signed by an authorized representative of WMP. A waiver of any term or provision shall not be construed as a waiver of any subsequent breach or default, whether of a similar nature or otherwise.

Retaining Rights: No waiver by WMP of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WMP to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

HEADINGS.
Purpose: The headings, subheadings, and captions used within these Terms and Conditions are provided solely for the convenience of the parties, and are not intended to affect the meaning or interpretation of this document.

Non-binding Nature: These headings, subheadings, and captions serve solely as reference points and do not, in any manner, elucidate, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions herein.

Separate Consideration: Any reference made to a specific section, using the associated heading, is for clarity and does not limit the scope of the section in the context of the entirety of these Terms and Conditions.

SEVERABILITY.
Enforceability of Terms: In the event that any provision or part of these Terms and Conditions is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of these Terms and Conditions shall remain in full force and effect.

Modification of Invalid Terms: The invalid, illegal, or unenforceable provision shall be modified to the extent necessary to render it valid, legal, and enforceable while preserving its intent. If modification is not possible, the affected provision or part thereof shall be deemed severed from these Terms and Conditions, but all other provisions and parts of these Terms and Conditions shall continue in full force and effect.

Effect on Agreement: The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision or part of these Terms and Conditions, which shall remain in full force and effect as though such invalid, illegal, or unenforceable provision had never been included.

Construction: These Terms and Conditions shall be construed as if each provision and part thereof were drafted independently, and any presumption or rule of construction against construing ambiguities in favor of the drafting party shall not apply to the interpretation or construction of these Terms and Conditions.

ENTIRE AGREEMENT.
Comprehensive Understanding: These Terms and Conditions, including any additional policies or agreements incorporated by reference, constitute the entire agreement and understanding between WMP and you, superseding all prior or contemporaneous communications, proposals, understandings, agreements, or representations, whether oral or written, between the parties regarding the subject matter herein.

No Reliance on Oral Representations: You acknowledge that you have not relied upon any representation, promise, or warranty made by WMP, except as expressly set forth in these Terms and Conditions.

No Oral Modifications: Any modifications, amendments, or supplements to these Terms and Conditions must be made in writing and signed by an authorized representative of WMP. No oral modifications or agreements shall be valid.

Survival: Any provision that, by its nature, should survive termination or expiration, shall survive termination or expiration, including but not limited to provisions governing intellectual property, limitation of liability, indemnification, dispute resolution, and governing law.

Consistency: In the event of any conflict or inconsistency between the provisions of these Terms and Conditions and any other agreements or policies, the provisions of these Terms and Conditions shall prevail.

CONTACT US.
WearMePro, Inc. is committed to providing exceptional service and support to our customers. Should you have any questions, concerns, or feedback regarding our products, services, or policies, we encourage you to reach out to us through the following channels:

Email: For inquiries related to support, service, or general questions, please email us at service@wmpeyewear.com. Our dedicated team aims to respond to all emails within 48 hours.

Phone: If you prefer to speak with a customer service representative, you can reach us by calling
(480) 471-8710. Our phone lines are open from 8:30am-4:30pm MST, Monday through Friday, excluding public holidays.

Mailing Address: For written correspondence or returns (if applicable), our mailing address is:
7575 E. Redfield Rd, Unit 125, Scottsdale, AZ 85260 Please include your contact information and a brief description of your inquiry or issue so we can assist you more efficiently.

Online Contact Form: Visit our website at www.wmpeyewear.com and fill out the contact form on the "Contact Us" page. Provide as much detail as possible regarding your inquiry to ensure a swift and accurate response.

SMS/MMS MARKETING PROGRAM TERMS

WearMePro, Inc.


PARTIES.
WearMePro, Inc. (hereinafter, “We,” “Us,” “Our,” or “WMP”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://shopwearmepro.com/pages/privacy-policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

USER OPT IN.
The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. 

USER OPT OUT.
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that WearMe Pro and its service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

PROGRAM DESCRIPTION.
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of new products arrivals, back in stock and messages may include checkout reminders, notification related with purchasing from the website.

COST AND FREQUENCY.
Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

SUPPORT INSTRUCTIONS.
For support regarding the Program, text “HELP” to the number you received messages from or email us at service@wmpeyewear.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

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

OUR DISCLAIMER OF WARRANTY.
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

PARTICIPANT REQUIREMENTS.
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

AGE RESTRICTION.
You may not use 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.

DISPUTE RESOLUTION.
In the event that there is a dispute, claim, or controversy between you and Us, or between you and WMP or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Scottsdale, Arizona before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which WMP principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

FLORIDA LAW.
We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

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