Welcome to the PRSTGE website.
This website is operated by PRSTGE. Throughout the site, the terms “we”, “us” and “our” refer to PRSTGE. PRSTGE offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time for, any of, but not limited to, the following reasons:
- The product is not available / in stock
- Your billing information is not correct or not verifiable
- Your order has been suspected of fraudulent activity
- We could not deliver to the address provided by yourself
- Force Majeure
- In the event of misspelling, pricing or other errors or mistakes in the website information
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 by us.
SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/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. We reserve the right to proceed with identity verification to ensure a transaction isn’t fraudulent as mentioned in the section 25 of these terms of service and you aknowledge that this may delay your order.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 6 – INTELLECTUAL PROPERTY RIGHTS
The website and all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by P R S T G E, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms grant you a personal, non-exclusive, non-transferable, revocable license to access and use the website. You may access the material only for your own personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except as incidental to normal web browsing, such as the making of temporary copies in RAM or the cache of your Internet browser, and for features of the website that enable sharing via e-mail, social media, linking, and other platforms expressly enabled by our website.
Any use of the Sites not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
SECTION 7 - TRADEMARKS
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on our website are proprietary to PRSTGE or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of PRSTGE, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
SECTION 8 - SHIPPING POLICY
All purchases of products from the website are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.
More Information regarding our Shipping Policy can be found here.
SECTION 9 - PERSONAL INFORMATION
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11- PRODUCT WARRANTIES
Information regarding our Product Warranty Policy can be found here.
SECTION 12 - LIMITATION OF LIABILITY
In no case shall P R S T G E, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless P R S T G E, our 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
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 16 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 - 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 the United States and the state of Florida.
SECTION 18 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
SECTION 20 - CANCELLATION POLICY
Please note that, once an order has been placed and accepted and the transaction has been successfully authorized and captured, it is generally not possible to cancel an order or make any change to it unless the product(s) ordered is / are found out of stock before shipping.
if you feel like you have been a victim of a fraudulent transaction, please contact us at email@example.com.
Our team will review your case and will decide at it’s own discretion, if your transaction is eligible for a refund or not.
If an order is eligible to be cancelled and is being cancelled due to the customer changing his mind or not willing to comply with the identity verification process if necessary to confirm a transaction isn't fraudulent, a refund will be provided back to the original payment method but the transaction fees that have been charged by the bank / credit card company / payment processor may be deducted from the refund since it is generally not refunded after a transaction went through successfully. In addition, a 3% restock fee may be charged at our own discretion for the work our company started to perform for the order placed.
By placing an order at ‘PRSTGE’ or www.prstge.com and authorizing a payment during checkout, you automatically agree to these conditions.
SECTION 21 - RETURNS & REFUND POLICY
All returns must comply with our return policy.
Returns that comply with our return policy (https://prstge.com/pages/returns-exchanges) will be refunded in the form of non-expiring store credit ONLY. PRSTGE Does not offer cash refunds or refunds to the original payment method.
Please allow 3-7 business days once we receive your product(s) in exchangeable condition at our warehouse to receive your store credit.
PRSTGE does not offer refunds in any other form than store credit.
PRSTGE reserves the right to refuse any return and issuance of a store credit if an item does not comply with our return policy.
if, at PRSTGE discretion, an exception can be made regarding a refund request back to the original payment method, PRSTGE reserves the right to deduct any expenses incurred for the service already provided, including but not limited to, the full shipping cost charged by carriers, transaction fees and a 5% restock fee.
Please note that discounted items and items purchased with a store credit are generally not eligible for a return.
PRSTGE may at its sole discretion, provide a store credit early when a return is on it’s way back to our warehouse, as a convenient way for customers to reserve items currently in stock without having to wait.
Orders placed with a store credit provided before the reception of your return or package returned to sender will only ship when your return / returned package has been received, inspected and approved by our company.
In the event that a store credit was previously provided early as a courtesy before the reception of your returned package at our company return locations and the returned package either gets lost during transit before reaching our company return locations, arrives damaged, incomplete, contains damaged products or products that do not comply with our return policy during the return inspection, PRSTGE may decide at its sole discretion to adjust or cancel the store credit or the order placed with the store credit at a later time.
For packages returned to sender by the courier due to refusal, negligence to pick up and / or receive your order, missing delivery information or any other reason, additional charges incurred by PRSTGE for the return will be deducted from the store credit if the package ends up being successfully delivered to PRSTGE and is eligible for a store credit.
‘’reaching our company return locations’’ means our company actually received the package and it was successfully delivered to PRSTGE.
SECTION 22 - FAULTY GOODS, DEFECTIVE PRODUCTS & DELIVERY ISSUES
If, upon delivery of your order, your products are received defective, you will have 7 days from the delivery date in your tracking number activity to contact us at firstname.lastname@example.org regarding that problem. Our team will request you to provide pictures of the defective item(s) as well as an explanation to understand how that has happened.
If you are experiencing an issue with your delivery, you must contact us at email@example.com within 7 days from the delivery date mentioned in your tracking number activity and we will be happy to assist you.
Past that deadline, it will automatically be deemed that all products have been successfully received without any defect and products will be subject to our return policy in order to be returned.
Our company may offer, at it’s own discretion, to open a claim for any lost or stolen package in order to get a quick resolution and may only ship a replacement when the claim has been confirmed by the intended recipient and approved by our shipping insurance company.
SECTION 23 - LIMITED POWER OF ATTORNEY
By placing an order at prstge.com and / or any and all applications owned by PRSTGE and therefore accepting these terms and conditions, you are hereby authorizing us to file necessary claims in your name**, with the carrier and / or any shipping insurance used by us to insure your package(s), should your package(s) become lost, delayed, damaged, stolen or should indicate no proof of delivery, in order to resolve the matter in a timely fashion and within the eligible time frame provided by the respective insurance providers.
Our team may at its own discretion, attempt to contact you to assist us with the said matter(s) if necessary.
Please note that we are taking fraudulent claims very seriously and we are encouraging you to report an issue ONLY if there is an issue with your delivery.
PRSTGE will not be liable for any damages or prosecution if you do not tell us the truth. Shipping insurances may investigate further at their own discretion and you will be liable for any false statement you provide to us or the respective insurance provider if applicable.
**Name should mean the intended receiver of the package. We will use the information you provided for the delivery address, at the time of your purchase at prstge.com, and / or any and all applications owned by PRSTGE which was used to place your order.
SECTION 24 - FINAL SALE
Please note that all discounted / sale items are final and cannot be returned for a refund, exchange or store credit.
Black Friday - Cyber Monday Sale orders are generally not eligible for a return, exchange or store credit all sales are final.
SECTION 25 - FRAUDULENT CHARGEBACKS & DISPUTES
By placing an order at ‘’PRSTGE’’ or ‘’PRSTGE.COM’’, you, ‘’the customer’’ / ‘’the buyer’’, understand that opening a dispute with a financial institution ‘’Bank’’, ‘’Credit Union’’ or any other financial institution, for any reason and at any moment, regarding a transaction, after placing an order at PRSTGE.COM, without contacting us via email at firstname.lastname@example.org first, will be considered invalid and potentially fraudulent as long as your order has been accepted and shipped on time to the address given at the time of your order, following the terms indicated in this website.
This section does not cancel your legal right to file a dispute with your financial institution, however PRSTGE will be authorized to take legal action to recover any loss caused by such action if we haven't been contacted and given the chance to assist prior to filing the dispute.
If you, ‘’the buyer’’ / ‘’the customer’’, are having any issue with an order or a transaction, you must contact PRSTGE at email@example.com to receive assistance and we engage in responding within 7 business days.
SECTION 26 - IDENTITY VERIFICATION
If a transaction successfully goes through but PRSTGE’s fraud system marks it as risky or potentially fraudulent, if the shipping address doesn't match the card's registered billing address or if the customer makes a request to update the shipping address after placing an order, PRSTGE may be requesting some more information from the customer to verify the customer's identity, including but not limited to: a picture of the customer’s ID / Driver License, a picture of the debit / credit / prepaid card used and a screenshot of the bank / card statement containing the transaction.
When requesting a picture of the card used for payment, PRSTGE will never ask to see the entire card or any sensitive information. Instead, PRSTGE will only request to see the first name, last name and the 4 last digits of the card. Since PRSTGE already has this information in the system, the goal is to make sure that the customer has the card physically in his / her possession and that this information is matching with the information PRSTGE’s team already has.
When an order over 600 USD worth of products is placed and the transaction successfully goes through, PRSTGE may generally request to verify the customer’s identity as well in order to confirm that the order is legitimate and not fraudulent and PRSTGE may decide to request a completed card authorization form at it’s own discretion.
Please note that this process may delay your order.
Please make sure that the email you are receiving is coming with the correct domain name attached to the email address to make sure it isn’t fraudulent. Emails should be sent from email addresses ending in @prstge.com (Example: firstname.lastname@example.org).
SECTION 27 - IOS & ANDROID APP
By downloading our app on the App Store and / or on the Google Play Store, and by placing an order in our app, these terms and conditions will automatically be deemed read and accepted.
SECTION 28 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that PRSTGE and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of products and services we are offering, including but not limited to, clothing, shoes, accessories, jewelries, electronics and more. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in FORT LAUDERDALE, Florida 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 PRSTGE’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.