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 Texas 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 ALMUGNI LLC 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.
SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
ONLINE STORE. This Agreement covers the terms of our sale and your purchase of Products through our online shop located at www.girlmathgang.com (“Online Shop” and with the Home Page and the Site, the “Website”).
CREDENTIALS. You are solely responsible for the supervision, management, and control of your login credentials. COMPANY DOES NOT PROTECT YOU FROM UNAUTHORIZED USE OF YOUR CREDENTIALS. Any person using your login credentials is conclusively deemed to have actual authority to engage in transactions in the Online Shop, and, accordingly, all sales of Products made by a person using your credentials are hereby authorized by you. You shall immediately notify Company if you become aware of any unauthorized use of your credentials and we will thereafter suspend your account as soon as practicable.
PURCHASES. You are responsible for all Product purchases and amounts due under your login credentials or placed using your personal information or any payment information. You are responsible for paying in full the purchase price for Products, the shipping and handling charges and any taxes due as more fully set forth in your Online Shop order.
CANCELATIONS: ALMUGNI LLC reserves the right to cancel any order at any time, with or without notice to the customer. Upon cancellation, ALMUGNI LLC, must initiate a refund for any amount processed.
SHIPPING INSTRUCTIONS. We will ship Products to the address you enter in our Online Shop order form using the shipping method you select.
SHIPPING INSTRUCTIONS. We will ship Products to the address you enter in our Online Shop order form using the shipping method you select.
RISK OF LOSS. All Products are shipped EXW and you shall bear the risk of loss upon our delivery of the Products to the common carrier at our shipping location. Any claims for loss, shortage or damage to the Products arising following our delivery to the common carrier should be submitted to the common carrier.
TAX. You shall be responsible for all sales, use and other taxes and all applicable duties, levies and export fees and similar charges imposed by any federal, state or local government entity with respect to your purchases of Products and authorize us to charge such due amounts in addition to the amounts set forth above.
REWARDS PROGRAMS, SUBSCRIPTIONS AND PROMOTIONS. To the extent you participate in any promotional programs offered by the Company, the Subscribe & Save Program or any other similar program or promotion, (each, a “Program”) the applicable terms and conditions of such Program shall continue in full force and effect.
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.
MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) revise the labelling or modify the ingredients or formula of any Products; and (c) discontinue the Website or any Products at any time. Company shall post any revision to this Agreement to the Website, and the revision shall be effective immediately on such posting. You agree to review this Agreement and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revisions.
ACKNOWLEDGEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON AND COMPLETING YOUR PURCHASE IN OUR ONLINE SHOP, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE ENTER INTO AND BE BOUND BY IT.
ALMUGNI LLC 4245 N Central Expy, #490 Dallas, TX 75205
