Terms of Service

Last Updated: April 29, 2024

1.     Welcome

Welcome to Just in Case Message! These Terms of Service (“Terms”) govern our website located at https://justincasemessage.com/ (“Site”), as well as our messaging services and other services (together with the Site, the “Services”). By accessing or using the Services, these Terms become a binding legal commitment between Logismico Software LLC (“Logismico Software”, “we” or “us”) and the person accessing or using the Services (“you” or “User”).

Sometimes in these Terms we call you and us a “party,” or together, the “parties.” There are other defined terms throughout these Terms. You can tell if a term is defined if it has quotation marks around it. Except for when we refer to we/us/ours, you/your/yours or party/parties, defined terms are capitalized when used again in the Terms.

By accessing or using the Services, you agree to all of the terms and conditions in these Terms. We reserve the right to change, update or modify these Terms at any time as provided in the Amendment Section below. If you do not agree to these Terms, do not access or use the Services. Your continued access to or use of the Services constitutes acceptance of these Terms, including any changes.

2.     The Services and the Content

Nature of the Services and the Content

Our Services consist of our Site, our messaging services and any of our other services. Our Services contain “Content,” which means any content found anywhere in the Services (for example, on the Site or in our communications), including materials, text, images, illustrations, designs, icons, photographs, video clips and features. 

Logismico Software is not a licensed attorney, estate planner, consultant, CPA, or financial advisor. You acknowledge and agree that the Services do not include advice and the Services are not a substitute for professional advice or advice of any kind. The Services are not intended to be a complete solution for any situation. It is your responsibility to obtain a professional, if necessary, for your situation.

Logismico Software does not promise, warrant or guarantee any outcome or results from the use of the Services and is not responsible for any outcome or results from the use of the Services. The Services may contain testimonials. These testimonials or statements (or any other Content in the Services) do not constitute a promise, warranty or guarantee that you will experience the same or similar results from your use of the Services.

Our Ownership of the Services and the Content

Unless otherwise noted, the Services (including the Site and the Content) are owned, controlled or licensed by us. Between you and us, we own all right, title and interest to the Services and the Content, all components and derivative works of the Services and the Content, all feedback related to the Services and the Content and all copyrights, patents, trade secrets, trademarks and other intellectual property rights pertaining to any aspect of the Services or the Content. You acquire no ownership interest, derivative work or component of the Services or the Content through your use of them.  You are not granted any right, title or interest to use any trademark, service mark, logo or trade name of Logismico Software under these Terms.

You acknowledge and agree that if there is any intellectual property in any Services from a third-party, your use of the Services does not give you ownership rights or license to use such intellectual property.

Errors, Inaccuracies and Omissions

The Services may contain typographical, technical, photographic or other errors, inaccuracies or omissions. We do not guarantee that the Content is accurate, complete or current.  We have the right, but not the obligation, to correct any errors, inaccuracies or omissions. We reserve the right to change or update information if any information in the Services is inaccurate at any time without prior notice (including after you have submitted your order).

Changes to the Services

You acknowledge that the Services may be updated, removed or otherwise be subject to change in our sole discretion and without notice to you. We reserve the right to substitute any of the Services at any time, provided that the substituted Services are of a comparable nature and value and it is reasonable for us to do so as determined by us. You agree that we will not be liable to you or any third party for any change, substitution, suspension or discontinuance of any of the Services.

Accessibility

We have designed the Services with accessibility for our customers with disabilities in mind. If you notice any Content, or feature or functionality of the Services, that you believe is not accessible to people with disabilities, please email us at support@justincasemessage.com with the words “Disabled Access” in the subject line and provide a description of the specific feature or function you feel is not accessible or a suggestion for improvement. Please note that we cannot guarantee that we will make the changes you suggest.

3.     Access to the Services

Your Account

To access certain features of the Services, you may be required to create an account. In order to create an account, you may be required to provide account credentials (for example, username and password) and provide certain personal information such as your name, address, email address and other information.  You agree to keep any account information up to date, not share this information, use the correct information and use it only for the purposes intended. You are responsible for the security of your account, including establishing and maintaining the confidentiality of your account access credentials.  You agree to use prudent and reasonable efforts to prevent unauthorized access to or use of your account. If there is any unauthorized access to or use of your account, you agree to notify us and the applicable third-party platform immediately and to change your password. We have no liability to you for any unauthorized access to or use of your account caused by your acts, omissions or breach of these Terms.

Third-Party Links and Services

The Services may include links, integrations or connections to third-party websites, applications or services. By clicking on a link to a third-party website, you leave our Site and you may allow third parties to collect and/or share your personal information. The privacy policies and terms and conditions on third-party websites, applications and services may differ from ours. You must review and comply with any third-party terms of service, privacy policies or other terms or policies.

We are not responsible or liable for any limitation of access to the Services caused by a third party or lack of access to a third-party platform. We are also not responsible or liable for any limitation of access to the Services caused by technological limitations (for example, lack of the correct operating system on your computer or lack of wi-fi access).

We may choose to provide an affiliate link to certain third-party websites, applications or services. You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link.

Links (including affiliate links) or references to third-party websites, applications, products or services contained within the Services or the Content do not imply review or endorsement by us; you proceed at your own risk and must use your own judgment to determine whether any third-party websites, applications, products or services would be of use or benefit to you. We do not make any warranties or guarantees regarding any third-party websites, applications, products or services. You agree not to hold us responsible or liable for the services, products, statements or claims made by or about a third party or the actions or omissions of any third party.

4.     Orders and Payments

Orders

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email, billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Payments and Payment Processor

By placing an order, you agree and authorize Logismico Software (or the applicable third-party platform and/or third-party payment processor) to charge your designated payment method (for example, credit card) for the full purchase price of the Services.

If we offer and you choose a payment plan, you agree to pay in accordance with the payment schedule specified in the option you choose at checkout, and you authorize Logismico Software (or the applicable third-party platform and/or third-party payment processor) to charge your payment method (for example, credit card) the amount specified in the payment schedule for each scheduled payment without additional separate authorization.

Payments for the Services are processed by third-party platforms and/or third-party payment processors. We are not a payment processor.  You agree that we may exchange information, including information regarding you and your purchases, with third-party platforms and payment processors in order to provide the Services, enforce these Terms and otherwise in accordance with these Terms, our Privacy Policy and the applicable third-party platform’s or payment processor’s terms and privacy policies. 

You acknowledge and agree that the terms of the third-party platform where you made the payment for the Services are binding upon you, including the third-party platform’s terms related to payments, refunds, transaction history, account information, delivery of the Services and any tracking technology, including geotags and cookies.

Refunds, Chargebacks and Payment Failures

Due to the extensiveness and digital nature of the Services, all Services are non-refundable. Payment for the Services is earned in its entirety at the time of purchase (even if a payment plan is chosen), and, as such, no refunds are provided under any circumstances, regardless of whether or not any or all Services ordered are used.

You agree not to make any chargebacks to Logismico Software’s account (or the account of the appliable third-party platform and/or third-party payment processor) or to cancel or remove your credit card or other payment method without our prior written consent. In the event that you commence a chargeback or merchant dispute with your financial institution for the Services, we may provide these Terms to the financial institution as well as evidence of your receipt of Services.

If a payment fails for any reason, you agree to resolve the payment failure immediately, but within not less than 5 business days. We may suspend access to the Services immediately upon the failed payment until remedied. If the payment failure is not remedied within 5 business days, we may permanently revoke access and license to the Services and send any remaining amount owed to collections.

You agree to pay for any fees and expenses (including attorneys’ fees) we incur to collect amounts owed to us, including as a result of failed payments or chargebacks. We reserve the right to report any failed payment or chargeback incident to credit reporting agencies as a delinquent account.

5.     Your Use of the Services

Your Permitted Use

The Services are provided as a service to our customers in the United States. You must be 18 years of age or older to use the Services or the Site, or to create an account.  By using the Services, you represent and warrant that you are located in the United States and are 18 years of age or older.

The Services and Content are intended solely for personal, non-commercial use only. If you purchase any of the Services or use any of our free Services, we grant you a limited, revocable, non-exclusive, non-transferable right and license to use such Services solely for your own personal, non-commercial use. You do not have a right or license to copy, sell, rent, share or otherwise transmit or disseminate the Services or any Content.

Your Submission of User Content

Definition of User Content

“User Content” means content or other information a User provides or make available in connection with its use of the Services at any time (such as by posting, commenting, uploading, publishing or displaying information on our Site or through our Services), including data, text, audio, video or images.

Your responsibilities for User Content  

You may create, maintain, upload, link or otherwise make available User Content in connection with the Services subject to the terms and conditions in these Terms. You are solely responsible and liable for all User Content that you create, maintain or make available in connection with the Services, including the accuracy, quality, integrity, legality, reliability and appropriateness of all such User Content and any harm resulting from such User Content. We take no responsibility and assume no liability for any User Content. You agree and represent to us that the User Content you create, maintain or make available on the Services does not violate applicable law or the rights of other Users or third parties, including intellectual property rights and privacy rights. We have the right, but do not assume any responsibility to review, screen or approve any User Content. We have no obligation to respond to any User Content.

You are responsible for backing up your User Content and taking appropriate steps to safeguard and ensure the integrity of User Content you create, maintain or make available in connection with the Services. We will not be responsible for any backup, recovery or other steps to ensure User Content is recoverable in the event of a data loss. We expressly disclaim any obligations with respect to storage of User Content.

You grant us rights to use your User Content

When you create, maintain or make available User Content in connection with the Services, you agree and represent to us that you either own such User Content or have the license or right to use such User Content, including the right to grant us below licenses and rights.

We shall not use or disclose User Content except as expressly provided in these Terms or our Privacy Policy. You grant us a non-exclusive, royalty-free, worldwide right and license to access, store, process, use, copy, record, disclose and transfer the User Content for the purposes of providing the Services, or as otherwise permitted by these Terms or our Privacy Policy, or in writing by User.

We may create Aggregated Data from your User Content. “Aggregated Data” means any data or data compilations aggregated, created or derived by us, or third parties on our behalf, from User Content or the use of the Services by any User that has been anonymized or deidentified. We own all Aggregated Data and can use the Aggregated Data for any purpose including improving our Services and marketing. To the extent that we require further rights, you assign us all right, title and interest you may have, if any, to the Aggregated Data.

Your Personal Information 

Your submission of personal information to us through the Services, the Site, or by any other method is governed by our Privacy Policy, which is incorporated into these Terms by this reference. You agree that we may use, disclose and maintain personal information according to our Privacy Policy and any changes to the policy published by us.

Confidential Information Restrictions

You agree to keep confidential certain information you obtain from Logismico Software or other Users while using the Services.

“Logismico Software Confidential Information” shall mean proprietary information about Logismico Software, including information relating to our Services, business and operations, including business plans, sources, strategies, trade secrets, procedures, marketing, sales, data, all other non-public information, know-how or other intellectual property that may be communicated to you in any manner. Logismico Software Confidential Information does not include information that is already known to the public through no fault of yours or through no breach of confidentiality, was received from a third party that had the right to disclose such information or was already in your possession prior to the disclosure.

All Logismico Software Confidential Information disclosed to you shall remain the property of Logismico Software.  You agree not to disclose or use any Logismico Software Confidential Information in any manner other than as permitted under these Terms or as required by law. You shall take reasonable steps to safeguard Logismico Software Confidential Information and to protect it from accidental or unlawful disclosure.

“User Confidential Information” shall include information relating to other Users of the Services (other than you) including any information relating to or involving personal information, personal health information, financial, business or other non-public information communicated by other Users in any manner. User Confidential Information does not include information that is already known to the public through no fault of yours or through no breach of confidentiality, was received from a third party that had the right to disclose such information or was already in your possession prior to the disclosure.

All User Confidential Information disclosed by any User shall remain the property of the disclosing User and shall not be disclosed or used in any manner other than as permitted under these Terms, by the disclosing User or as required by law.

You acknowledge and agree that your unauthorized use or disclosure of Logismico Software Confidential Information or User Confidential Information results in irreparable harm to the respective owner of such information and that Logismico Software has the right to seek equitable relief, including an injunction, to prevent any further breach of these Terms, as well as pursue any other remedies available in law or equity.

Prohibited Uses

You will not do any of the following in connection with the Services (which includes the Site and the Content), collectively the “Prohibited Uses”:

  • Copy, publish, upload, post, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Services, including the Site or the Content

  • Post or transmit unlawful, libelous, abusive or obscene material

  • Interfere with another User’s use and enjoyment of the Services

  • Violate any law or any rights of any third party, including any copyright, trademark, privacy or other personal or proprietary right

  • Use or export the Services (including the Content) in violation of US export laws and regulations

  • Attempt to gain unauthorized access to the Services or to the computer systems or networks related to the Services

  • Use a false email, create a false identity or attempt to mislead others as to the identity of the origin of any feedback, comments or other data or communications

  • Interfere with or disrupt the integrity or performance of the Services or attempt to bypass, exploit, defeat or disable limitations or restrictions placed on the Services

  • Transmit material containing viruses, malware or other harmful or deleterious computer code, files, scripts, agents or programs

  • Decompile, disassemble or reverse engineer the Services or attempt to obtain or perceive the source code from which any component of the Services is compiled or interpreted

Non-Disparagement

You agree to refrain from making any disparaging comments or statements about Logismico Software or the Services that negatively affect Logismico Software’s business, Services, products or reputation. Notwithstanding the foregoing, nothing in these Terms prevents you from making truthful statements that are either (a) required by applicable law, regulation or legal process or (b) for the purpose of communicating a review of Logismico Software’s Services.

Your Compliance with Applicable Law and Cooperation with Investigations

You are solely responsible and liable for compliance with all applicable law related to your use of the Services. We cooperate with governmental authorities, law enforcement and private parties (including third-party platforms and payment processors) to enforce and comply with applicable law or the legal rights of any person. You agree to fully cooperate with us and that we may disclose any information about you to: respond to claims, legal process (including subpoenas) and investigations; prevent or stop any prohibited conduct under these Terms; or otherwise enforce or comply with applicable law or the legal rights of any person. The information we may disclose may include, but is not limited to, information regarding you, your account, your User Content, your use of the Services and your transactions made through or in connection with the Services.

Suspension and Revocation of Your Access and License  

We may suspend and revoke your access to the Services and your right and license to use the Services immediately and indefinitely if we, in good faith, believe: that you have materially breached any provision of these Terms;  that you are using the Services in a manner that threatens the security, integrity or reliability of the Services; that there has been unauthorized access or fraud related to your access to the Services;  that information provided in connection with your access to the Services is untrue or inaccurate; or that the provision of the Services (or a portion thereof) will expose us, you or a third party to legal, regulatory or compliance risk.

6.     Disclaimer of Warranties and Limitation of Liability

DISCLAIMER OF WARRANTIES. YOU ARE SOLELY RESPONSIBLE FOR AND ASSUME ALL RISKS, WHETHER FORESEEABLE OR UNFORESEEABLE, RELATED TO YOUR USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We expressly disclaim any warranties of system integration, non-interference, absence of any defects (whether latent or patent) and security of data.  We do not warrant or make any representations concerning the accuracy, completeness, quality, usability or reliability of the Services or any content found on or linked to the Services. We expressly disclaim any warranty related to third-party websites or other third-party content that may be accessed through the Services. We make no warranty or representation on the basis of trade usage, course of dealing or course of performance. We do not warrant or represent that the Services or any other content, data, software, products or services provided in connection with the Services will meet your requirements, comply with applicable law, generate enforceable obligations, be uninterrupted, error-free or free of bugs, viruses or malware. We do not represent or warrant that any errors or defects will be corrected. You acknowledge that our obligations under these Terms are for the benefit of you only. The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications.  We are not responsible for any delays, delivery failures or other damages resulting from such problems.

APPLICABILITY OF LIMITATIONS OF LIABILITY. ALL OF THE LIMITATIONS OF LIABILITY IN THIS SECTION 6, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APPLY (a) regardless of the theory of liability, whether in contract, tort or otherwise; (b) regardless of the cause of the damages, including negligence by us or our third-party providers, licensors or suppliers; (c) even if we have been advised of the possibility of such damages; (d) without regard to whether other provisions of these Terms have been breached or any remedies have failed their essential purpose; and (e) to any claims you may bring against any third party to the extent that we would be required to indemnify that third party for such claim.

WE HAVE NO LIABILITY FOR CERTAIN TYPES OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO LIMIT CLAIMS FOR DAMAGES (OR OTHER MONETARY RELIEF) AGAINST US TO DIRECT AND ACTUAL DAMAGES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE. THIS MEANS THAT YOU WILL NOT SEEK ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, TREBLE OR PUNITIVE DAMAGES FROM US. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HAVE NO LIABILITY FOR DAMAGES FOR: (a) the use of or inability to use the Services; (b) unauthorized access to, loss or theft of your account, information or data; (c) lost profits, loss of goodwill, costs of delay, failure of delivery or business interruption; (d) costs of procurement of substitute goods, services or technology; or (e) personal injury or death. We have no liabilities to third parties arising out of your access to or use of the Services.

WE ARE NOT LIABLE FOR DAMAGES OUT OF OUR CONTROL. We have no control over the conduct of, or any information provided by, you, other Users or third parties. You agree that we are not liable for delays, problems or damages caused by you or third parties (including other Users), by any act of nature, by any act beyond our reasonable control (for example, war, terrorist acts, labor disputes, government actions, pandemics, etc.) or by any criminal activity by someone unrelated to us.

YOU AGREE TO LIMIT THE AMOUNT OF DAMAGES PAYABLE BY US. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF LOGISMICO SOFTWARE AND OUR THIRD-PARTY PROVIDERS, LICENSORS OR SUPPLIERS ARISING OR RELATING TO THESE TERMS IS LIMITED TO THE FEES THAT YOU PAID TO USE THE RELEVANT SERVICES IN THE 12 MONTHS BEFORE OUR BREACH OR THE FIRST INCIDENT GIVING RISE TO OUR LIABILITY; OR, IF NO FEES WERE PAID IN SUCH PERIOD, $100. 

YOU AND WE AGREE TO LIMIT THE DEADLINE TO BRING CLAIMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE EACH AGREE THAT ALL CLAIMS RELATED TO THESE TERMS, OUR PRIVACY POLICY OR THE SERVICES MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE THE CLAIM ARISES (EVEN IF APPLICABLE LAW PROVIDES FOR A LONGER STATUTE OF LIMITATIONS).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

YOU AND WE WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT THESE LIMITATIONS OF LIABILITY. The limitations of liability in this Section 6 constitute an important part of these Terms and are among the reasons you and we are willing to enter into these Terms. Without these limitations of liability, the provisions of these Terms, including but not limited to any economic terms, would be substantially different.

7.     Indemnification

You agree to defend, indemnify and hold us, our affiliates and our third-party providers, licensors and suppliers, along with our and their respective managers, officers, members, employees and agents, harmless from any claims, damages, losses or costs (including reasonable attorneys’ fees and expenses) arising out of your use of the Services or your breach of any representation, warranty or other provision of these Terms.

8.     Disputes and Claims

Informal Dispute Resolution

For any and all disputes or claims you have, you must first give us an opportunity to resolve your claim by sending a written description of your claim by email to support@justincasemessage.com. You and we each agree to negotiate your claim in good faith. You agree that you may not commence any court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time.

Choice of Law and Jurisdiction

These Terms are governed by the laws of the state of Delaware, without regard to the conflicts of laws rules. Foreign laws do not apply. Court proceedings against us must be brought in Delaware. We may bring court proceedings against you in Delaware or the state or jurisdiction in which your billing address in our records is located, but not outside of the United States. If you are commencing a legal proceeding against us, we do not accept notice or service via email, you must serve us with legal process as required by applicable law.

Notice and Procedure for Making Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under US copyright law. If you believe that materials we host on or through the Services (including the Content or any User Content) infringe upon your copyright rights, you may request that the material be removed or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Your notice or counter-notice to us must include all of the following:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

  • A description of the copyrighted work that you claim has been infringed upon

  • A description where the material that you claim is infringing is located in the Services

  • Your address, telephone number and email address

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

Notices and counter-notices must meet the statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before submitting a notice or counter-notice. Please be aware that there can be substantial penalties for false claims. DMCA notices and counter-notices for the Site should be sent by email to support@justincasemessage.com. Please note that the procedure in this subsection is exclusively for notifying us that your copyrighted material has been infringed.

Attorneys’ Fees

You agree to pay our reasonable fees and costs, including attorneys’ fees, incurred in connection with your breach of these Terms or our enforcement of these Terms against you. This includes collection fees and costs we incur in collecting payment of any amount due from you for the Services.

9.     General

Notices

You may deliver notices to us by email to support@justincasemessage.com. If you are commencing a legal proceeding against us, we do not accept notice or service via email, you must serve us with legal process as required by applicable law. We may deliver notices to you via email, mail or electronic means using the contact information in your account, your last order with us or by posting the notice in the Services. Electronic notices are considered delivered when sent or posted. Postal notices are considered delivered 3 days after mailing.  Notices delivered by a nationally recognized courier (for example, UPS and FedEx) are considered delivered when received.

Electronic Communications and Signatures (E-Sign) Consent

We may need to provide you with certain communications, notices, agreements, billing statements or disclosures (“Communications”) in writing regarding the Services. You agree and consent to receive Communications electronically from Logismico Software and our third-party service providers, rather than in paper form, and to the use of electronic signatures in our relationship with you (“E-Sign Consent”). You also acknowledge and agree that you have the ability to receive Communications electronically.  You should maintain copies of electronic Communications from us by printing a paper copy or saving an electronic copy. You may withdraw your consent to receive Communications electronically at any time by sending us a notice specifying your request to the email address in the Notices Section above. If you choose to withdraw your consent, we may terminate your access to the Services or your account.

Marketing Communications Consent

You agree and consent to receive promotional and marketing communications from us, our third-party service providers and other third parties through direct mail, email or electronically through the Services. We and third parties may collect additional marketing communications consents from you, which will be considered additional consents (and not replacements for this consent).  You may withdraw your consent to receive certain marketing messages at any time by clicking on the “Unsubscribe” link in any marketing email or sending us a notice specifying your request to the email address in the Notices Section above. If you choose to withdraw your consent, you will continue to receive transaction and service-related communications.

Text Messages Consent

By providing your mobile number to us you agree to receive text messages from us and third-party platforms and payment processors related to the Services. In addition, by providing your mobile number and clicking “I agree” to the marketing text message consent, you consent to receive text messages from us for marketing and promotional purposes and you consent to us using automatic telephone dialing systems to send text messages to you. You understand that you do not have to consent to receive text messages for marketing purposes in order to make any purchases, and your consent is not a condition of purchase. You may receive recurring text messages and site abandonment reminder messages (including shopping cart reminders). Standard message and data rates may apply. You may withdraw your consent to receive marketing text messages at any time by replying “STOP” to any marketing text message or sending us a notice specifying your request to the email address in the Notices Section above. If you choose to withdraw your consent, you will still receive text messages for informational and transactional purposes, including automated text messages related to the security of your account.

Assignment

You are prohibited from assigning these Terms to a third party without our prior written consent. We may freely assign these Terms to any third party. These Terms will bind and inure to the benefit of your and our respective successors and permitted assigns.

Waiver

You and we cannot waive any provision of these Terms except in a writing signed by you and us. Our failure to insist on or enforce strict performance of any provision of these Terms or any of our rights is not a waiver of any provision or right.

Severability

If any part of these Terms is held invalid or unenforceable, that part may be severed from these Terms to the minimum extent necessary to cure such invalidity or unenforceability. The remainder of these Terms shall remain in full force and effect.

Amendment

We reserve the right to amend these Terms at our discretion and at any time. When we do, we will post the revised Terms on our Site with a new “Last Updated” date. We may, but are not required to, also provide you with notice of the amended Terms via any others means we consider reasonable, including, without limitation, email or posting in our Services. Your continued use of our Services following the posting of changes (or other notice we provide in our sole discretion) constitutes your acceptance of such changes and the Terms as amended. We may, but are not required to, also provide you with alternative means of accepting any changes to or amended version of these Terms. We encourage you to visit this page regularly for any changes.

Entire Agreement

These Terms, together with the Privacy Policy in effect from time to time, is the entire agreement between you and us regarding the rights you have with respect to the Services, except as provided by applicable law, and you cannot rely on any other documents, statements in our Services or statements by any of our representatives or agents.