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Terms and Conditions

TERMS OF SERVICE

By using, accessing, or purchasing from this website ("Site"), which is owned and operated by BRH International inc (herein referred to as "HEMPER CO" or "HEMPER CO™"), you acknowledge that you have read, understood, and agree to the following Terms of Service ("Terms" or "Agreement"). If, at any time, you do not agree to these Terms, please do not use this Site. HEMPER CO™ reserves the right to revise these terms at any time by updating this posting. If we make material changes to the Agreement, we will notify you by email or through a message posted on the Services. You agree that such modified agreement will be effective thirty (30) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately. Your continued use of the Services after our provision of notice to you will constitute your affirmative acceptance to the modified Agreement. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Services, and may cancel your subscription at any time by following the cancellation instructions under your “Subscription Contract.” As a condition of your use of this Site, you agree that you are at least 18/21+ years of age (depending on state/country) and that you possess the authority to enter into a binding legal agreement. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site via a browser. We reserve the right to revise the products and services available on the Site and to impose rules for and limits on the use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.

By accessing or using any part of the site, you accept these Terms, without limitation or qualification. You may not use any portion of the site if you do not agree with all of the terms. Price information found on this site is subject to change without notice.

If you have any questions regarding the terms, please contact us at contact@hemper.co.

We grant you a personal, limited, non-transferable non-exclusive, license to access and use the site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the site and to change, suspend or discontinue any aspect of the site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the site or restrict your access to part, or all, of the site without notice or penalty. Your continued use of the site will constitute your acceptance of any such changes.

Use of the Website

We give you permission to access and use the site for your personal use, and to copy, distribute, and transmit the content of this site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or other systematic process for harvesting information from this site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this site. You may print a copy of the information displayed on this site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this site. This restriction means, among other things, that you may not mirror on your own website any portion of this site or display through your own website any results pages or other information from this site without express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of our celebrity spokespersons found on the site.

We reserve the right to change any information, features and functions of the site without prior notice. We may deny you access to all or part of the site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this agreement, our rights or the rights of any third party.

You’ll be asked to create a customer login (email and password) to help with accessing your customer portal to manage your subscription and orders. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and HEMPERCO™ has no obligation to investigate the authorization or source of any such access or use of the Site.

You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to your whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.

You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify HEMPERCO™ of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

You may receive emails regarding your account or promotions for special offers, including third party offers.

You understand and agree that the following non-inclusive list of violations may result in HEMPER CO™ terminating or suspending your user account and/or your access to the Site and you agree not to engage in any of the following conduct anywhere on the Site: 

  • Submit material that is subject to the intellectual property protections of a third party, including without limitation, any material otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you have permission from the owner of such rights to post said material on the Site;
  • Request, demand, or suggest payment for items posted on or to the Site;
  • Use the website as a platform for promotional giveaways;
  • Submit any user data that HEMPER CO™, in its sole discretion, advises to be false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable;
  • Distribute viruses or any other technologies that may harm the Site or the interests or property of our users and partners;
  • Harvest or otherwise collect information, including email addresses, about users or third parties whose information is made available on the site, without their consent;
  • Use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission;
  • Impersonate or misrepresent your affiliation with any person, including without limitation, a HEMPER CO™ official or representative, chat or message board leader, guide or host;
  • Post or transmit any unsolicited advertising or promotional materials other than for items listed on this Site, or post or transmit any other forms of solicitation anywhere on the Site; or
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including without limitation, any regulations having the force of law while using or accessing the Site.

 

Registration and Membership

Monthly subscription boxes for HEMPER CO™, build a box CORE subscriptions, and build a box PLUS subscriptions are shipped to your address at the address you provided. You may receive emails regarding your account or promotions for special offers, including third party offers. Please note that you may cancel at anytime BUT if you've already been billed for the current month, you'll still receive this month's order and your cancellation will be effective for the next billing cycle. You also have the option to change the frequency of shipments to every 2 months or every 3 months based on your preference! In addition, you can pause your subscription, which means your future orders will be skipped until you resume your subscription.

YOUR SUBSCRIPTION CONTRACT

BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY STAY ACTIVE UNLESS IT IS CANCELED.TO CANCEL YOUR SUBSCRIPTION AT ANY TIME, YOU MUST DO ONE OF THE FOLLOWING AT LEAST 48 HOURS PRIOR TO YOUR NEXT SCHEDULED RENEWAL DATE TO AVOID CHARGE: LOGIN TO YOUR CUSTOMER PORTAL AT HEMPER.CO OR EMAIL SUPPORT AT CX@HEMPER.CO. ALL SUBSCRIPTIONS THAT ARE STARTED BETWEEN THE 16TH AND THE LAST DAY OF ANY GIVEN MONTH WILL AUTOMATICALLY HAVE THEIR RENEWAL DATE MOVED TO THE 15TH OF THE FOLLOWING SUBSCRIPTION PERIOD. IF YOU SUBSCRIBE OUTSIDE OF THESE PERIODS, YOUR RENEWAL DATE WILL BE YOUR ACTUAL SIGN-UP DATE. IF YOU CANCEL YOUR SUBSCRIPTION AFTER RECEIVING YOUR MONTHLY CONFIRMATION EMAIL, YOU’LL STILL RECEIVE THIS MONTH’S BOX AND YOUR CANCELLATION WILL BE EFFECTIVE FOR THE NEXT BILLING CYCLE.LIKEWISE, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THE-CURRENT SUBSCRIPTION PERIOD. WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME. IF YOU AREN'T INTERESTED IN RECEIVING THAT MONTH'S BOX, AS AN ALTERNATIVE WE CAN SEND A STORE CREDIT GIFT CARD! PLEASE KEEP IN MIND THAT WE CAN ONLY CANCEL THE ORDER IF THE SHIPPING LABEL HAS NOT BEEN CREATED.

Billing and Payments

By starting your HEMPER subscription and providing or designating a payment method during signup, you authorize us to charge you on a recurring monthly/2-monthly/3-monthly (depending on your chosen subscription package) subscription fee at the current rate. We reserve the right to adjust pricing for our subscriptions in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes to your subscription will take effect following email notice to you.

As a Member, you agree to the following benefits and Terms:

You must provide us and keep us up to date with accurate contact and payment information, including name, shipping address, and credit or debit card number. We save your payment information for ease of future shipments and charges. All such personal information is subject to the Privacy Policy. You are responsible for any fees or charges your issuing bank or credit card provider may charge you. Any account changes made after receiving the order confirmation email will become ONLY EFFECTIVE for the following month, not the current month’s order.

In an effort to get orders to our awesome subscribers as soon as possible, we begin processing shipments prior to the signup cutoff. As a result, all address updates must be made within 48 hours prior to the subscription renewal date (see "Your Subscription Contract" above for renewal date information) to ensure they are correctly reflected on your shipment. Our shipping service does not include forwarding your mail to an updated address. Any forwarding fees incurred will not be reimbursed or credited to your subscription.

Returns

If you are unhappy with your purchase or would like to return your items, please send your item(s) back to our Distribution Center (5530 Arville St, Suite B Las Vegas, NV 89118 in accordance with the following Return Policy:

  • Items must be sent back within 7 days of the delivery date.
  • Incorrect or Missing Items (Note: If such items are not reported within 2 days of delivery, we will not issue store credit. Please email cx@hemper.co for assistance.)
  • Items must be free of stains, residue, deodorant, or wear/use
  • Cleaning Supplies, Rolling Papers & Wraps are non-returnable.
  • Hemper reserves the right to apply a 50% restocking fee.
  • All returns are refunded via online store credit in the form of a Hemper Gift Card or Account Credit.
  • Returns are processed within 5-7 business days after your item(s) are received at our Distribution Center.
  • Hemper does not provide pre-paid return labels; you will be responsible for covering the shipping costs to return.
  • Return drop-offs are not accepted at our Distribution Center or corporate office.

Additional notes: Depending on the shipping method and carrier selected, your return package may take several days to reach us. Keep your proof of postage and ship your return along with a tracking number as we are not liable for return packages that are lost or stolen in-transit. Without proof of receipt and delivery, Hemper will not issue store credit for your returns. Once your return is fully processed, we will issue you store credit in the form of a Hemper E-Gift Card for use on a future purchase. E-Gift Cards never expire, and are redeemable right away!

Helpful Hint: if returning by mail, we suggest using USPS flat rate shipping (ONLY IF UNDER 1LB)  for convenience (you can find information on flat rate shipping via USPS.com or by clicking here). You will be responsible for covering shipping costs to return items and shipping charges must be prepaid.



RESERVED RIGHTS REGARDING RETURNS

Hemper reserves the right to solely define and limit, refuse, and/or reject returns from customers at any time due to:

  • An irregular or excessive returns history indicative of possible usage
  • An irregular or excessive returns history used, damaged, or missing items; or,
  • Potential fraudulent or criminal activity.

Similarly, Hemper reserves the right to refuse service (both in-store and online) to any customer or entity, due to similar actions as noted above. Non-Hemper items sent to our Distribution Center will be discarded upon receipt.

RETURNED TO SENDER & REFUSED PACKAGES

This can happen if 1) an address is invalid or missing information 2) the carrier is unable to deliver your package 3) the order is refused by the customer at the time of delivery. Returned to sender or refused packages will be restocked and you will be issued store credit in the form of an E-Gift Card minus the initial shipping charge. We are unable to replace or reship in these instances as all returned shipments are processed by our Returns Department. Instead, please use the E-Gift Card to place a new order using the correct address. Keep in mind that we do not guarantee your items will be in-stock at the time of your reorder.

Note: We are unable to make changes to orders that are placed on our system. To ensure that your package is properly delivered, make sure that your address is entered correctly and includes all relevant information. The use of correct abbreviations, street numbers, building or apartment numbers, and route information (if applicable) are critical to ensuring delivery. Hemper does not take responsibility for lost, misplaced, or incorrectly delivered shipments if the address information provided is incorrect at the time of purchase.

DAMAGED/BROKEN ITEMS

Upon delivery of your order, please thoroughly check the items you received. Since glass is fragile and a lot can happen on its way to you, we offer Route Insurance at minimal cost – just in case. Route Shipping Insurance is required for all replacement claims and the claim has to be issued within 48 hours of delivery. The insurance must be added to your cart prior to order completion. Once your order is insured, your order will be protected against loss, theft, and damage. Filing a claim with Route is easy! Follow the link provided in the confirmation email sent by support@routeapp.io. Blemishes to products will not be considered as part of a damaged item. All refunds and replacements will be at the discretion of customer support.

INCORRECT OR MISSING ITEMS

Upon delivery of your order, please thoroughly check the items you received. If there are items from your order that are incorrect or missing, we ask that you please provide us with pictures of the following within 48 hours of delivery:

  1. The original packaging your items came in.
  2. The packing slip that came inside your package.
  3. The items that you received in your package.

To help expedite the process please include the photos in your initial email to cx@hemper.co.

SHIPPING POLICY

To ensure that your package is properly delivered and that you receive your package within the time frames we advertise, please make sure that your address is correctly entered and includes all relevant and/or required information. The use of correct abbreviations, street numbers, building or apartment numbers, and route information (if applicable) are critical to ensuring timely delivery. We do not take responsibility for lost, misplaced, or incorrectly delivered shipments if the address information provided is incorrect or incorrectly entered at the time of purchase.

We will ship to PO Boxes via USPS. However, expedited shipping is not available to a PO Box. Other carrier options are available and we reserve the right to change carriers at any time.

PROCESSING TIME FOR SUBSCRIPTION BOXES

Monthly subscriptions boxes ship in accordance to order date and it can take a minimum of 7-10 business days, with a maximum of 15 business days to receive tracking information! Orders start shipping on the 15th of the month.

PROCESSING TIME FOR STORE ORDERS

All store orders are shipped in accordance to order date and it can take a minimum of 1-3 business days, with a maximum of 5 business days to receive tracking information!

SHIPPING TIMELINE FOR STORE ORDERS

The estimated timelines for processing, transit, and final delivery are included below for your reference. Please note that orders to US & International destinations may vary depending on the weight and type of mailing service selected. Store orders will get shipped accordingly depending on the mailing service you chose for your order.

SHIPPING TIMELINE FOR SUBSCRIPTION BOXES

The estimated timelines for processing, transit, and final delivery are included below for your reference. Please note that orders to US destinations can take a minimum of 1-3 business days, with a maximum of 5 business days from the date it is shipped out, not necessarily from the date that it is placed to get delivered.

International delivery varies based on the destination country and can take anywhere from 7-21 business days from the date it is shipped out to arrive.

Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states and other territories where the goods sold over the internet are taxable.

International Use

We control and operate the Site from the United States. We make no representation that materials on the site are appropriate or legal for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. All pricing is in United State dollars. Any subscriptions under an incorrect plan will be canceled and any applicable charges refunded without notice to the subscriber.

Product Information; Limitation on Quantities

Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available. For the sake of clarity, WE RESERVE THE RIGHT TO SUBSTITUTE ANY OUT OF STOCK PRODUCTS WITHIN AN ORDER WITH DIFFERENT COLORS OF THE ORIGINAL PRODUCT OR SWAP THE PRODUCT WITH A SIMILAR ITEM. WE ALSO RESERVE THE RIGHT TO SUBSTITUTE ANY PRODUCT (S) INCLUDED IN MONTHLY SUBSCRIPTION BOXES WITH A SIMILAR PRODUCT OF VALUE. THESE DECISIONS ARE MADE TO ONLY HELP EXPEDITE THE ORDER TO PROCESS AND SHIP TO AVOID DELAYS. 

Trademarks

All trademarks, service marks, and trade names of HEMPERCO™ on the Site are trademarks or registered trademarks of HEMPERCO™, or of their respective owners.

Copyright

The technology underlying, and the entire content included in the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of HEMPERCO™ and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to HEMPER™. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee the information displayed on this Site to be 100% accurate.

SMS Disclaimer

If you elect to receive marketing or promotional offer text messages, you consent to receive recurring SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. This service is optional and is not a condition of purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us.  For help, reply “HELP” to any Text Message you receive from us.

In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier.  Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages.

We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator.  Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.  For more information on how we use telephone numbers, please read our Privacy Policy.

If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

HEMPER (hereinafter, “We,” “Us,” “Our”) 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 (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.

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 also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at admin@hemper.co. 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. T-Mobile is 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 of 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.

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.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC 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 Las Vegas, Nevada 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 HEMPER’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 to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.