Thank you for visiting Creature Nutrition, LLC. (“Creature Nutrition” or the “Company”). The following are the official terms and conditions governing the use of our website at www.CreatureNutrition.com and our blog (collectively “the Sites”). Creature Nutrition provides the Sites’ content and services subject to the following terms and conditions (together with the Site, the “Service”). By accessing or using either of both of the Sites, you acknowledge that you have read, understood and agree to be bound by these terms and conditions.
YOUR USE OF SERVICE
In order to access or use the Service, you may be required to provide current, accurate, identification, contact and other information. You are responsible for maintaining the accuracy and completeness of this information and also for maintaining the confidentiality of your username and password. You will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password so please notify Creature Nutrition immediately of any unauthorized use of your account or any other breach of security.
Creature Nutrition reserves the right to update or modify these terms and conditions at any time. Notice of modification will be provided by updating the date below. For this reason, we encourage you to review these terms and conditions whenever you purchase products from Creature Nutrition or otherwise use the Sites.
Last updated: Sept 2, 2021
You may not distribute, exchange, modify, sell, create derivative works or transmit anything you copy from the Sites, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with these Terms and Conditions of Use, Creature Nutrition grants you a world-wide, non-exclusive, non-transferable, limited right to enter, display, and use the Sites. You agree not to interrupt or attempt to interrupt the operation of the Site or any Service offered through the Sites in any way. Notwithstanding anything to the contrary, Creature Nutrition reserves the right, without notice and in its sole discretion, to cancel or restrict your access to and use of any portion of or the entirety of the Site or any services offered through the Site. You understand and agree that the Company may do so without any liability whatsoever.
WE ENDEAVOR TO FIX INACCURACIES AS WE FIND THEM.
From time to time, the Sites may include information that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Creature Nutrition reserves the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice (including after you have submitted your order).
THIRD PARTY LINKS ARE OUTSIDE OF CREATURE NUTRITION’S CONTROL.
Creature Nutrition may from time to time provide links to other websites (collectively, “Third Party Websites”) as a service to those interested in this information. Links to Third Party Websites may also be posted by third parties on Creature Nutrition’s Blog. If you use any of these links, you will leave the Sites and instead be at the Third Party Website. Creature Nutrition does not review, monitor, approve or control content located at Third Party Websites. The inclusion of any links to Third Party Websites does not imply Creature Nutrition’s association, relationship, endorsement or sponsorship of any such Third Party Website, and Creature Nutrition does not warrant the accuracy or completeness of content on any Third Party Website. You use Third Party Websites at your own risk. Links to Third Party Websites do not imply legal authority to use any protected rights of others reflected in the links. Comments from third party users may be submitted on the Sites in accordance with Creature Nutrition’s Comment Submission Policy (“User Comments”). User Comments do not necessarily reflect the views of Creature Nutrition, and Creature Nutrition does not warrant the accuracy, truthfulness or reliability of any User Comment, nor endorse any opinions expressed in any User Comment. Creature Nutrition assumes no responsibility or liability for or in connection with any User Comment. Please email support@CreatureNutrition.com to seek removal of any comments posted by others that may be unlawful, infringing, defamatory, or offensive.
PLEASE ASK YOUR PARENTS TO PLACE AN ORDER FOR YOU IF YOU ARE UNDER 13.
The Sites are not intended or designed for children under the age of 13. Children under 13 may look at the Sites, but are not permitted to make a purchase, become a registered user, sign-up for emails or post comments on the Blog. If we discover that someone under the age of 13 is a registered user or has otherwise provided us with their personal information, we will remove their personally identifiable registration information from our files. If you are under 13 and would like to make a purchase, please ask a parent or guardian to place the order for you.
CREATURE NUTRITION’S PRODUCTS ARE FOR YOUR PERSONAL USE.
The products and services available on the Sites, including any samples Creature Nutrition may provide to you, are for personal use only. You may not sell or resell any of products or services you purchase or otherwise receive from Creature Nutrition. Creature Nutrition reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you where Creature Nutrition, in its sole discretion, believes may result in the violation of these terms and conditions.
All of the products purchased from the Sites should be used in accordance with the product’s instructions, precautions and guidelines. The statements made about products on the Sites are for informational purposes and have not been evaluated by the U.S. Food and Drug Administration. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease.
Creature Nutrition is providing the sites and their contents on an “as-is” basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of the sites, the information, content, materials or products, included on the sites. To the fullest extent permitted by law, Creature Nutrition disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Creature Nutrition does not represent or warrant that the information accessible via the sites is accurate, complete or current. Always Use Caution When Giving Out Any Personally Identifying Information About Yourself Or Your Children.
By using the Service you agree to release, discharge and hold harmless Creature Nutrition and its affiliates (the “Creature Nutrition Entities”) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Service or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
You agree to indemnify and hold Creature Nutrition and the Creature Nutrition Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the Service, or publicly distributed on the web, your use of the Service, your connection to the Service, your violation of the Terms or your violation of any rights of another.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CREATURE NUTRITION AND THE CREATURE NUTRITION ENTITIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CREATURE NUTRITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL CREATURE NUTRITION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
We reserve the right to refuse to process and order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order of our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We reserve the right to cancel any order using any promotion or promotional code, at our sole discretion. If any order cancellation occurs you will be credited in full for the cancelled order(s). We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
IN THE EVENT OF ANY PERCEIVED ABUSE(S) OF CREATURE NUTRITION’S SATISFACTION GUARANTEE, TO BE DETERMINED AT THE SOLE DISCRETION OF CREATURE NUTRITION, A RETURN OR MULTIPLE RETURNS MAY NOT BE HONORED
The Sites are created and controlled by Creature Nutrition in the State of California, U.S.A. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Creature Nutrition reserves the right to make changes to its Sites and these disclaimers, terms and conditions at any time. You are responsible for complying with the laws of the jurisdiction from which you are accessing the Sites and you agree that you will not access or use the information on the Sites in violation of such laws. The Sites are not intended to be accessed in any country or jurisdiction in which these terms and conditions, or any other content at the Sites, would violate any laws.
Creature Nutrition welcomes your comments and feedback regarding the Sites, and Creature Nutrition products and services. Any information, materials, suggestions, ideas or comments sent to Creature Nutrition will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Creature Nutrition an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Creature Nutrition will not use your full name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.
All material appearing at Creature Nutrition’s website is copyrighted 2018, Creature Nutrition, LLC., unless otherwise noted. All rights reserved. Other’s use of this material is permitted only with Creature Nutrition’s prior written consent. Please contact Creature Nutrition, LLC.. All other trademarks referenced are property of their respective owners.
Please also visit our Terms and Conditions section that explains other terms governing the use of our website.
WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.
Creature Nutrition will not sell or rent your personal information to anyone, for any reason, at any time. Creature Nutrition uses and discloses your personal information only as follows:
- To analyze site usage and improve the service;
- To fulfill your requests and orders for certain products and services;
- For market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity;
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Company's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Company about the Website users is among the assets transferred;
- To fulfill the purpose for which you provide it. For example, if you give us an e-mail address to use the "e-mail a friend" feature of our Website, we will transmit the contents of that e-mail and your e-mail address to the recipients and
- For any other lawful purpose disclosed by us when you provide the information.
- We may also share your Personal Information with other third parties for joint marketing and promotions of products, services or events that may be of interest to you. Any transfers of Personal Information shall be subject to confidentiality and security obligations and for the sole purpose of the performance of those obligations.
We may also disclose your personal information:
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- To enforce or apply our Terms and Conditions and other agreements, including for billing and collection purposes.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction; and
- As otherwise set forth in this Privacy and Security Policy.
We do not intentionally collect personally identifiable information from children under the age of thirteen. If we become aware that we have collected personally identifiable information from a user of the Site who is under the age of thirteen, we will remove that child’s personal information from our files.
WE USE NON-PERSONALLY IDENTIFIABLE INFORMATION TO IMPROVE OUR SERVICES TO YOU.
When you visit Creature Nutrition’s Website or Creature Nutrition’s Blog, with the help of our third party authorized agents, we collect certain anonymous information about your visit. For example, we may monitor statistics such as the number of people that visit our site, peak hours of visits, which page(s) are visited on our site, from which domain our visitors come (e.g., google.com, yahoo.com, etc.), and which browsers people use to visit our site (e.g., Firefox, Microsoft Internet Explorer, etc.), broad geographical information, site-navigation pattern, etc.
We, like many websites, use cookie technology throughout our side. By placing a “cookie” on your computer’s hard drive we can recognize you as a new or return user and personalize your experience. A cookie is a piece of data stored on your computer’s hard drive that enables us to track and target your shopping experience and order as you shop on our site. For example, cookies are used to save your Shopping Bag information so you can browse from page to page without losing that information. If you reject our cookies, you may still use Creature Nutrition’s Website, but you may be limited in some of the features. Cookies do not contain personally identifiable information.
Furthermore, our computer servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as the date and time of your access to the Site, the length of time of your visit, the portions of the Site accessed, the number of times you visit and purchase from the Site, the IP address assigned to your computer, the type of browser used by your computer, the domain from which your connection to the Site originates, external site shopping habits, web-browsing activity and one or more cookies that may uniquely identify your computer.
We assign you a unique internal identifier to help keep track of your future visits. We use this information to gather aggregate demographic information about our visitors, and we use it to personalize the information you see on the Site and the emails you receive from us (should you grant us permission to send emails to you). We keep this information for our internal use; we do not share it with others. This information is in no way tied to your personal information, including your email address.
Creature Nutrition may also use non-personal identifiable information for internal business and marketing purposes and to help administer and improve Creature Nutrition’s Website for your shopping experience. We may use the information you provide in aggregate form for internal business purposes to analyze trends and site traffic patterns.
When you visit Creature Nutrition’s Website or Creature Nutrition’s Blog or view one of our emails, we will use pixel tags or “clear” gifs to track links and/or similar technology to note some of the pages you visit on our website and to personalize your experience. We also use pixel tags to determine what types of email your browser supports. We may use the information collected through pixel tag, tracking links, and similar technology in combination with your personally identifiable information.
WE LIMIT THE COLLECTION AND THE USE OF PERSONAL INFORMATION.
“Personally identifiable information” is any information about you as an individual, such as your name, address, telephone number, credit card number, birth date, or email.
We collect personally identifiable information from you when you communicate with us via email, Creature Nutrition’s Website, Creature Nutrition’s Blog, telephone or in writing, when you place an order or fill out a registration form or request a catalog from us, when you post a review, when you create an account, when you subscribe to our newsletter, when you post a user comment on our Blog, or when you participate in a contest, sweepstakes, survey or other promotion. When you place an order through Creature Nutrition’s Website, we require that you provide your name, email, shipping/billing address, phone number, credit card number and its expiration date in order to process and track your order. We may also maintain a record of your product purchases. Whether or not you provide your personally identifiable information to us is completely up to you, but if you choose not to provide the information we request, you may be unable to use some of our services.
We collect this information to serve you better and to provide you with a customized experience while using Creature Nutrition’s Website for browsing and shopping. We may use your personally identifiable information to: fulfill a request from you, such as to receive promotional emails, fulfill and deliver your orders, respond to your comments or questions, contact you if necessary while processing an order, and generate web analytics to compile user data for marketing purposes.
We may also combine the personally identifiable information that you provide to us with other personal information about you (such as demographic and past purchase information) from our records and from other sources for future marketing initiatives and to help us improve Creature Nutrition’s Website presentation, Creature Nutrition’s Blog and your overall shopping experience. We do not ever rent or sell your email address with these organizations or with other third parties for marketing purposes.
Creature Nutrition may also share your personally identifiable information with third parties that perform services for us, such as our affiliates, advertisers, partners, potential business partners, and other unaffiliated entities, but only for the purposes of their performing such services for us. These companies and individuals are hired to perform functions on our behalf, such as fulfilling and processing orders, processing credit card payments, performing data and marketing analysis, fulfillment to process orders, and providing customer support. While such third parties may be provided with access to personally identifiable information needed to perform their function, they may not use or disclose such data for any other purpose. Additionally, Creature Nutrition’s service providers are contractually obligated to maintain all the information collected for us in strict confidence.
For fraud protection and compliance with applicable law, we may disclose any information, including personally identifiable information, that we deem necessary. In the event another company buys the assets or ownership interests in Creature Nutrition, your personally identifiable information may then belong to that other company, subject to the terms and conditions under which you provided it.
CONTESTS, SURVEYS AND PROMOTIONS FALL UNDER THIS POLICY TOO.
From time to time, Creature Nutrition may offer you the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy and Security Policy, except as specifically set forth in the rules for those contests, giveaways or promotions. From time to time, Creature Nutrition may also ask you to participate in surveys designed to help Creature Nutrition improve the Site. Any personal information provided to Creature Nutrition in connection with any survey will be used only in relation to that survey and as elsewhere set forth in this Policy.
YOUR SECURITY IS PARAMOUNT TO US.
Security for Creature Nutrition’s Website and Creature Nutrition’s Blog is in accordance with industry standards to protect the security of your personal information both online and offline. Personally identifiable information is stored on computer servers in a controlled environment that is reasonably protected from unauthorized misuse or disclosure. We use available technology and other techniques to implement systems like firewalls, and/or encryption to secure marketing data transfers.
Orders placed on Creature Nutrition’s Website are encrypted using Secure Socket Layer (SSL) technology, an industry standard that is used by vendors to ensure the security of online business.
If you have any questions about security on our website, please email support@CreatureNutrition.com.
Creature Nutrition may anonymously track your browsing activity for advertising and data collection purposes. Creature Nutrition and third-party vendors use first-party cookies or other first-party identifiers. Users can opt-out of the Google Analytics Advertising Features you use, including through Ads Settings, Ad Settings for mobile apps, or any other available means at this page.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
1. 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.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Creature Nutrition and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. 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 [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.
4. 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.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. 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.
8. 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.
9. 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.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the 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 San Francisco, California 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 Creature Nutrition’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the 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.
12. 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.
13. 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.