Last updated: November 18, 2024
OVERVIEW
This website is operated by loopearplugs America Inc., with its registered office at 530 7th Avenue – Suite 902, New York, NY 10018, United States (“loopearplugs”). Throughout the site, the terms “we”, “us”, and “our” refer to loopearplugs. loopearplugs offers this website, including all information, tools, and services available from this website, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By purchasing from us, you engage in our “Service(s)” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of our website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to these Terms of Service, you may not access the website or use any of the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. “Services” refers to all information, tools, and functionalities provided by loopearplugs through its website, including e-commerce features for purchasing products, subject to the applicable terms and conditions.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
Our online store is hosted by Shopify Inc., which provides the e-commerce platform allowing us to provide our Services, and sell our Products, to you. “Product(s)” refers to any physical goods, items, or digital products, including electronic gift cards, made available for purchase through our online store. The availability, descriptions, and characteristics of these Products are subject to change at any time without notice, and all purchases are governed by these Terms of Service and any applicable policies or conditions related to the sale and delivery.
SECTION 1 – USE LIMITATIONS
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country, state, or province of residence, or that you are of the age of majority and have given your consent to allow your minor dependents to make use of the Services on our website.
You may not use our Services for illegal or unauthorized purposes, such as engaging in fraudulent reselling activities, accessing accounts without permission, or using our Service to deceive others. By using our Service, you agree to comply with all applicable laws.
We reserve the right to refuse Services to anyone, for any reason, at any time. You acknowledge that any information you provide, whether directly or indirectly, may be transmitted unencrypted and may involve (a) transfers across various networks and (b) modifications to conform and adapt to the technical requirements of connecting networks or devices. However, credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission.
You shall provide loopearplugs with all necessary cooperation and support to investigate any complaints, ensuring prompt and effective resolution.
SECTION 2 – ORDERS AND ACCEPTANCE
The following applies to all types of Products. All information on our website is solely an invitation to purchase. You agree that your order is an offer to purchase the Products listed in your order.
All orders submitted by you are subject to our acceptance. We are entitled to verify an order at all times and/or to refuse accepting an order without providing reasons and with no liability to you or any third party. If we do not confirm acceptance of your order within six (6) business days, it is deemed refused.
We reserve the right to refuse or cancel any order, in whole or in part, at any time for any of the following reasons, without incurring any liability:
- The Product(s) you ordered are unavailable or no longer in stock;
- We cannot obtain authorization for your payment;
- Shipping or export restrictions apply to the delivery address or jurisdiction;
- The Product(s) were listed on the website with a manifest error, such as incorrect pricing or description;
- We identify a technical issue with the processing of your order;
- We reasonably suspect that the order is fraudulent, or that it was placed with the assistance of automated tools or software, including bots, spiders, crawlers, or any other automated means.
If we are unable to accept your order or a portion of it, you will be notified as soon as possible. If a portion of your order is cancelled, you will be refunded the amount corresponding to the cancelled (part of the) order.
After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery Services. Acceptance of your order and the formation of a contract of sale of the Products between you and us will not take place unless and until one of the following conditions is met:
- For shipped Products: When we send you a confirmation email stating that your Products have been dispatched from our warehouse;
- For pick-up Products: When you receive a notification from the carrier or our fulfillment team that your Products are ready for pick-up at the designated location, if applicable.
SECTION 3 – PRICES AND PAYMENT
Unless otherwise stated in the Product description or at check-out, the prices listed on our website are prices inclusive of any applicable Value Added Tax (VAT), sales taxes or Goods and Services Tax (GST) in accordance with local regulations.
Any additional delivery and shipping costs are specified separately in the respective Product description or at check-out.
Other additional costs that may arise for deliveries to countries outside the European Union or payment in foreign currencies (other than EUR), are to be borne by the customer. These may include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
The payment option(s) will be communicated in our website.
Prices for our Products are subject to change without notice.
SECTION 4 – DELIVERY
We will deliver your order to the shipping address you provide during the checkout process. Delivery can be made to a residential or business address, or to a carrier pick-up location where available. It is your responsibility to ensure that the shipping address provided is accurate and complete.
Once your order has been dispatched, you will receive an email confirmation containing tracking information, if available, and other relevant details. If your order is eligible for pick-up, you will be notified by email once the Products are ready for collection at the designated carrier location.
If delivery to your specified address is not possible (e.g., due to access restrictions or an incorrect address), you authorize the carrier to attempt delivery to a neighboring address or designated pick-up point. In such cases, you will be notified accordingly, after which we are deemed to have met our obligation to deliver the Products.
Shipments are dispatched on business days (Monday through Friday, excluding public holidays). Estimated delivery periods are provided as an indication of when you can expect your order but are not guaranteed. Delivery timeframes may vary based on your location, the availability of Products, and the shipping carrier’s timelines. You acknowledge that exceeding the estimated delivery period does not entitle you to cancel your order, refuse delivery, or claim any compensation, except where required by applicable law.
In order to expedite delivery, we may choose to fulfill your order in multiple shipments (“Split Deliveries”), at no additional cost to you. Each shipment will constitute a separate contract of sale, and a delay in the delivery of one part of the order will not entitle you to cancel other parts of the order. If you specifically request Split Deliveries, we reserve the right to charge additional shipping costs for this service, which will be communicated to you before proceeding with your request.
In the unlikely event that we are unable to deliver part or all of your order due to circumstances beyond our control or availability issues, we reserve the right to terminate the contract of sale. If this occurs, you will be notified promptly, and any payments made for undelivered Products will be refunded in full. This refund will be processed using the original payment method.
For more detail, please consult our Shipping Policy.
SECTION 5 – USE OF PRODUCTS
Our Products are designed to be used in accordance with the instructions provided with each Product or available on our website.
Following these guidelines is essential for ensuring safety, optimal performance, and the longevity of the Products. Failure to adhere to the recommended usage may result in unintended consequences, and we will not be liable for any damages or injuries that occur as a result of improper use. For more detailed information and comprehensive guidelines, please visit How to Use loopearplugs.
You agree not to copy, modify, reverse engineer, decompile, dissemble, or tamper with the Products or any of their components, preserving the integrity and proprietary nature of loopearplugs Products.
SECTION 6 – RIGHT OF WITHDRAWAL
Consumers are generally entitled to a right of withdrawal. Further information on the right of cancellation can be found in the Refund Policy.
The right to withdraw does not apply to contracts for the supply of Products that are custom-made or personalized based on the customer’s specific choices or instructions, or for Products that are clearly tailored to the personal needs of the customer.
SECTION 7 – RETENTION
We retain ownership of each Product until full payment for that Product is received. The risk of loss or damage to the Products transfers to you once the Products are delivered or of when you fail to accept delivery.
In the event of non-payment, we reserve the right to claim ownership of the respective Product.
SECTION 8 – PRODUCTS OR SERVICES
We reserve the right to limit the sale of our Products or Services to any person, geographic region or jurisdiction, which may be exercised on a case-by-case basis. Additionally, we reserve the right to limit the quantities of any Products or Services we offer. Product descriptions are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue any Product at any time. Any offer for a Product or Service made on this website is void where prohibited by applicable law. Certain Products or Services may be available exclusively online through our website. These Products or Services may be offered in limited quantities and are subject to return or exchange only according to our Return Policy.
Any description given or applied to the Products is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, you hereby affirm that it does not in any way rely on any description when entering into the Agreement. We have made every effort to display as accurately as possible the colors and images of its Products that appear on our website. We cannot warrant that your computer monitor’s display of any color will be accurate. We reserve the right to discontinue the offering of any Product at any time. Any offer for any Product or Service made is void where prohibited.
We do not guarantee that the quality of any Products, Services, information, or other material purchased or obtained will meet your expectations, nor do we warrant that any errors in the Service will be corrected.
You are only entitled to return any Products after written approval from loopearplugs. Upon approval, the Products remain at your risks until they are received by loopearplugs.
For more detail, please consult the Warranty Policy and Return Policy.
SECTION 9 – BILLING AND ACCOUNT INFORMATION
To ensure the security of our transactions and to protect our customers, we may conduct risk and fraud assessments in accordance with our Privacy Policy. These assessments may involve checking your details against known fraud databases, confirming the authenticity of the payment method, and assessing the likelihood of any transaction being fraudulent.
We reserve the right to refuse any order placed with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed using the same customer account, payment method, and/or billing or shipping address. If we make changes to or cancel your order, we will attempt to notify you via email and/or billing contact information provided at the time of purchase. We also reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all transaction at our store. You also agree to promptly update your account information, including your email address, payment details, and expiration dates, so that we can complete your transactions and contact you if necessary. You agree to provide all information required by loopearplugs in a timely manner to facilitate the performance of our activities and fulfill warranty obligations.
SECTION 10 – DISCOUNTS AND DISCOUNT CODES
On a regular basis, we are running special promotions and temporary discount offers, which are activated using discount codes or by participating in specified activities or events. These discount codes may provide a discount in the form or a fixed amount or a percentage off your purchase.
The use of discounts codes is subject to our Promotional Terms and Conditions.
SECTION 11 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, loopearplugs, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise. This applies to damages arising from your use of the Service or any Product obtained through the Service, or any other claim related to your use of the Service or any Product, including, but not limited to, errors or omissions in content, or any loss or damage resulting from the use of the Service or content made available via the Service, even if advised of the possibility of such damages.
The foregoing liability limitations do not apply to claims arising from fraudulent intent, fraudulent concealment of defects, gross negligence, claims under the Product Liability Act, or damages related to injury to life, body or health.
SECTION 12 – INTELLECTUAL PROPERTY
All Product designs and underlying technology, logos, photographs, videos and any other associated materials are the exclusive intellectual property of loopearplugs and are protected by intellectual property laws. You are not permitted to use, reproduce, copy, adapt or distribute any of loopearplugs’s intellectual property without prior written consent from loopearplugs.
You shall not remove, obscure, or alter any trademarks, identification marks, or labels on the Products or accompanying documents, as these are integral to the Product’s branding and legal integrity.
SECTION 13 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless loopearplugs and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 14 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will still be enforceable to the maximum extent permitted by law, and the unenforceable portion will be deemed severed from these Terms of Service. This will not affect the validity and enforceability of the remaining provisions.
SECTION 15 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service, along with any policies or operational rules related to the Service, represent the entire agreement and understanding between you and us, governing your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 16 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Belgium.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
SECTION 17 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 18 – CONTACT INFORMATION
For questions regarding these Terms of Use, please contact us via our Contact Page.
loopearplugs Mobile Message Program Terms and Conditions
Last updated: 21st August 2025
The loopearplugs mobile message program (the “Program”) is operated by loopearplugs America Inc. (“loopearplugs”, “we”, or “us”). Your use of the Program constitutes your agreement to these terms and conditions (“Mobile Terms of Service”) 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. We may modify or cancel the Program or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms of Service at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.
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 enrolment forms. By consenting to loopearplugs SMS/text messaging Program, you agree to receive recurring SMS/text messages from and on behalf of loopearplugs through your wireless provider to the mobile number you provided. Text messages may be sent using an automatic telephone dialing system or other technology. 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 autodialler, 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 “autodialler”). Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with loopearplugs. Your participation in this program is completely voluntary.
User Opt Out
You may opt-out of the Program at any time. Reply the single keyword command STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT (or if French speaking – ARRET, DESABONNER, ANNULER, or FIN) or click the unsubscribe link (where available) in any text message to opt out of the Program. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.
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, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT (or if French speaking – ARRET, DESABONNER, ANNULER, or FIN) keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that loopearplugs 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.
If you have subscribed to other loopearplugs mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Program support or assistance, reply HELP or privacy@loopearplugs.com.
We may change any short code or telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
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 Reusable hearing protection. Messages may include checkout reminders.
Cost and Frequency:
Message and data rates may apply. We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
Message frequency varies. 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.
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. The wireless carriers supported by the Program are not liable for delayed or undelivered messages.
You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Program.
Participant Requirements:
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction:
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
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 sensitive or special category personal data including racial or ethnic origin data, political opinions data, religious or philosophical belief data, trade union membership data, genetic or biometric data (for the purpose of uniquely identifying a natural person), health data and sex life or sexual orientation data
Any personal data of people aged under 18 without parental consent.
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution (SMS recipients in the USA only): In the event that there is a dispute, claim, or controversy between you and Us, or between you and Klaviyo 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 New York, NY 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 loopearplugs principal 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.
State Law:
Florida: 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.
Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.
Oklahoma: We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is an Oklahoma area code. You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by sending written notice to Us. Insofar as you are an Oklahoma 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 Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.
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.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy. We may share certain information with our service providers, including Klaviyo, as described in our Privacy Policy