The Anxiety and Sleep Management Pack
The Anxiety and Sleep Management Pack
Pack Includes Tranquilene + Sleepfast: Support pack includes Tranquilene Total Calm herbal supplement (60 capsules) and Sleep Fast Enhanced Melatonin Spray (.85 FL oz).
Tranquility Labs® Privacy Policy
Protecting your privacy is really important to us. Accordingly, we’re providing this Privacy Policy to explain our practices regarding the collection, use and disclosure of information that we receive when you use our Services (as defined in our Terms of Service, accessible at https://tranquility-labs.myshopify.com/pages/terms). This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services. Also, please note that, unless we define a term in this Privacy Policy, all capitalized words used in this Privacy Policy have the same meanings as in our Terms of Service.
How do we collect and use information?
Our primary goals in collecting information are to provide and improve our Services, to administer your use of our Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services.
Account Information. If you create an Account we’ll collect certain information that can be used to identify you, such as your name, email address, postal address and phone number (“Personally Identifiable Information“” or “PII“). If you create an Account using your login credentials from one of your SNS Accounts, we’ll be able to access and collect your name and email address and other PII that your privacy settings on the SNS Account permit us to access. We may also collect certain information that is not PII because it cannot be used by itself to identify you, such as your gender, date of birth and zip code.. If you create an Account through the Site or one of your SNS Accounts, we may also collect your gender, date of birth, zip code and other information that is not considered PII because it cannot be used by itself to identify you.
Order Information. If you place an order for any Tranquility Labs® products via the Services, our secure order form requests contact, shipping, billing and financial information, such as your credit card numbers. Contact information from the order form, including email address, name, billing and shipping address, and phone number, is used to process your order and ship the product(s) that you ordered from us to you and to provide customer services to you. We may also use your contact information to send information about our Services, marketing materials, and gifts to you. Your credit card information is transmitted securely to our third- party processing provider in compliance with Payment Card Industry standards.
Information Collected Using Cookies. We collect certain information through the use of “cookies,” which are small text files that are saved by your browser when you access our Services. We may use both session cookies and persistent cookies to identify that you’ve logged into the Services and to tell us how and when you interact with our Services. We may also use cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent cookies, session cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don’t accept cookies, you may not be able to access all portions or features of our Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own cookies on your browser. Note that this Privacy Policy covers only our use of cookies and does not include use of cookies by such third parties.
Information Related to Use of the Services. Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), including both Account holders and non-Account holders (either, a “User”). Log Data may include information such as a user’s Internet Protocol (IP) address, browser type, operating system, the web page that a user was visiting before accessing our Services, the pages or features of our Services to which a user browsed and the time spent on those pages or features, search terms, the links on our Services that a user clicked on and other statistics. We use Log Data to administer the Services and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance our Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to fight spam, malware and identity theft. We also use the IP Address to generate aggregate, non-identifying information about how our Services are used.
Promotional Offers
From time to time we may use your name, mailing address or email address to send you an offer for Tranquility Labs® products that we believe may be of interest to you. From time to time, you may enter into special offers or activities through our Services, such as sweepstakes or surveys. Information that you provide us for any specific offers or activities through our Services will only be used for the limited purpose for which the information is given.
What Information Do We Share With Third Parties?
We will not share any PII that we have collected from you except as described below:
Information Shared with Our Service Providers. We may engage third party service providers to work with us to administer and provide the Services. These third-party service providers have access to your PII only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your PII for any other purpose.
Information Shared with Third Parties. We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes.
Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including PII, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PII may be disclosed or transferred to the third-party acquirer in connection with the transaction.
Information Disclosed for Our Protection and the Protection of Others. It is our policy to protect you from having your privacy violated through abuse of the legal systems, whether by individuals, entities or government, and to contest claims that we believe to be invalid under applicable law. However, it is also our policy to cooperate with government and law enforcement officials and private parties. Accordingly, we reserve the right to disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary: (i) to satisfy or comply with any applicable law, regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders; (ii) to protect our property, rights and safety and the rights, property and safety of third parties or the public in general; and (iii) to prevent or stop activity we consider to be illegal, unethical or legally actionable activity.
Information We Disclose With Your Consent or at Your Request. We will share your PII with third-party sites or platforms, such as social networking sites, if you have expressly requested that we do so.
The Security of Your Information
We take reasonable measures to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
Links to Other Websites
Our Services may contain links to other websites and services. Any information that you provide on or to a third-party website or service is provided directly to the owner of the website or service and is subject to that party’s privacy policy. Our Privacy Policy does not apply to such websites or services and we’re not responsible for the content, privacy or security practices and policies of those websites or services. To protect your information we recommend that you carefully review the privacy policies of other websites and services that you access.
Modifying Your Information
You can access and modify the PII you provide to us via the Services by signing in and accessing “My Account”. If you want us to delete your PII, please contact us at 1 888.407.9659 or support@tranquilitylabs.com with your request. We’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law. You can adjust your communication preferences at any time, including opting out of promotional mailings, from your Account.
International Transfer
Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there. Your consent to this Privacy Policy followed by your submission of any PII represents your agreement to that transfer.
Our Policy Toward Children
Our Services are not directed to children under 13 and we do not knowingly collect PII from children under 13. If we learn that we have collected PII of a child under 13 we will take steps to delete such information from our files as soon as possible.
Changes to Privacy Policy
Any information that we collect is subject to the privacy policy in effect at the time such information is collected. We may, however, modify and revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of such changes by posting them on the Services or by sending you an email or other notification, and we’ll indicate when such changes will become effective.
Questions?
Please contact us at 1 888.407.9659 or support@tranquilitylabs.com if you have any questions about our Privacy Policy.
Tranquility Labs® Return Policy
Tranquility Labs LLC is proud to offer you a 60-day refund guarantee. If you are unsatisfied with your purchase, simply return the unopened bottles to us within 60 days to receive a full refund.
Please note that refunds are limited to a single one month supply per customer. Refund amount does not include any shipping and handling paid by the customer.
If you are returning a product, please let us know by sending an email to support@tranquilitylabs.com.
Please mail returned products to:
Falcon Fulfillment
Attn: Tranquility Labs
260 N. Ace Yeager Ct., Suite A
Salt Lake City, UT 84116
Cancellations:
If you wish to cancel any subscription, please email support@tranquilitylabs.com within 48 hours of your next subscription shipment date.
The following terms and conditions for all current uses of this website and disclaimers (“Terms”) constitute a binding agreement between you and Tranquility Labs LLC
PLEASE READ THE TERMS CAREFULLY BEFORE BROWSING OR MAKING A PURCHASE FROM THIS WEBSITE (“USE”). THE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. YOUR CURRENT USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS FOR YOUR CURRENT USE. ONLY THE TERMS IN EFFECT AS OF A USE SHALL GOVERN FOR THAT PARTICULAR USE. EACH TIME YOU MAKE USE OF THE SITE, REVIEW THE TERMS AGAIN IN ORDER TO ENSURE THAT YOU ARE AWARE OF AND ACCEPT THE THEN-CURRENT TERMS. IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THIS WEBSITE. You should print a copy of the Terms for future reference, since Terms may have changed since your last Use.
GENERAL
These Terms shall govern your current Use of this website. These Terms supersede all terms and conditions that may have been published previously on this site.
If you are not 18 years old, please ask your parents or other adults whether you are of age to use this website and to order goods and services from it. There may be local laws that make it inappropriate for you to use this site or make purchases from it. You and the adults whom you must consult are solely responsible for determining if you may use this site lawfully. These Terms are subject to change at any time without notice. You acknowledge that you do not rely on any representation and/or warranty that has not been made in accordance with the Terms. We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete, or out of date. Descriptions, depictions, representations, and/or specifications for the products and services on offer at this website are intended as a guide only and only give a general approximation of the efficacy of the products. You shall use this website in a legal, honest, and inoffensive manner, in compliance with generally accepted internet usage practice from time to time, and in compliance with the prevailing standards of your own community. These Terms are organized under titles in order to group information into “user-friendly” categories. The titles are not to be used for purposes of interpreting the Terms.
ORDERS
We have the right to refuse to accept any orders placed for Tranquility Labs LLC’s products and services. Your order for products shall only be binding on us when you receive confirmation that a product has shipped. If we refuse your order, your money will be returned in full. You are responsible for the accuracy of all information you provide that is necessary for us to process your order and/or ship your order to the correct location. If an order has not been shipped, or shipped to an incorrect location due to such inaccuracy, you alone are responsible. The provision of products and services is subject to availability. If products are out of stock, Tranquility Labs LLC will inform you as soon as possible. You will be given the option of waiting until the products are in stock or of canceling your order. If you have any problems or concerns regarding Tranquility Labs LLC’s products, you can reach us via the customer service contact information supplied on this website. Dates for delivery are estimates only and are not guaranteed. Time is not of the essence in relation to such dates. They are also subject to any matter beyond our reasonable control. If a delivery requires a signature to confirm receipt, it is your responsibility to ensure that there is someone at the delivery address to sign for the products when delivered. It is also your responsibility to collect the products from any postal collection depot and/or arrange an alternative delivery date if you are not available to sign for the products. If you place your order by post, please complete the order form and send it to us, along with payment, to the address given. We have no liability to you in respect of orders that do not reach us. Any products purchased are for personal use only. The products can not be resold and cannot be given to any third party. The availability of this website may be outside our control and in the hands of third party providers. We cannot guarantee the level of availability of this site for your orders or other Use. We are not responsible for safe delivery of goods because we do not ship the products directly. If the products are not delivered, arrive late, or are damaged in transit, you must take this up with the carrier. We will provide you with their contact details upon request. Payment is due at the time you place your order. We do not accept your order until we receive notice from our credit card merchant that your payment has been authorized and/or we have received payment in full in cleared funds. If for any reason payment in full is not made, we may withhold or suspend delivery of the products.
LIABILITY
The word “Liability,” as used in the Terms, means any and all damages, claims, proceedings, actions, awards, expenses, costs and other losses. TRANQUILITY LABS LLC MAKES NO WARRANTIES FOR THE PRODUCTS SOLD ON THIS WEBSITE. Tranquility Labs LLC MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE PRODUCTS ON THIS SITE FOR ANY PURPOSE. ALL SUCH PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Tranquility Labs LLC SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PRODUCTS ON THIS SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE REPRESENTATIONS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS ON THIS SITE ARE BASED ON REPRESENTATIONS AND CONCLUSIONS BY THIRD PARTIES INCLUDING THIRD-PARTY SCIENTIFIC AND MEDICAL RESEARCHERS, CUSTOMERS PROVIDING TESTIMONIALS, EXPERT ENDORSERS, INFORMATION FROM SUPPLIERS, PARTICIPANTS ON INTERNET FORUMS, AND AUTHORS WHO PUBLISH LITERATURE ABOUT THE PRODUCTS’ INGREDIENTS AND THEIR EFFICACY. Tranquility Labs LLC DOES NOT ITSELF REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE, AND EXPRESSLY DISCLAIMS LIABILITY FOR ALL SUCH REPRESENTATIONS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. TRANQUILITY LABS LLC SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE. WE DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. TRANQUILITY LABS LLC URGES YOU TO SEEK THE ADVICE OF A PHYSICIAN OR OTHER COMPETENT MEDICAL PRACTICIONER BEFORE USING THE PRODUCTS OFFERED ON OR THROUGH THIS WEBSITE, SINCE YOU MAY BE TAKING A MEDICATION OR OTHER DIETARY SUPPLEMENTS, OR MAY HAVE A MEDICAL CONDITION THAT MAKES THIS PRODUCT INAPPOROPRIATE FOR YOUR USE. Tranquility Labs LLC DISCLAIMS ALL LIABILITY FOR ANY INJURY OR ILLNESS THAT YOU SUSTAIN AS THE RESULT OF NOT SOLICITNG SUCH ADVICE, AS A RESULT OF HAVING RECEIVED INCOMPLETE OR INACCURATE ADVICE, OR AS A RESULT OF HAVING ANY ADVERSE PHYSICAL REACTION WHETHER OR NOT YOU FIRST CONSULTED WITH A MEDICAL PRACTITIONER. IF ANY DISPUTES ARISE BETWEEN YOU AND US AS A RESULT OF THESE DISCLAIMERS AND EXCLUSIONS OF WARRANTY AND LIABILITY, OR FOR ANY OTHER REASON, AND NEITHER OUR CUSTOMER SERVICE DEPARTMENT NOR GOOD FAITH MEDIATION IS ABLE TO RESOLVE ANY CLAIM, DISPUTE OR CONTROVERSY, WE BOTH AGREE THAT SUCH DISPUTE SHALL THEN BE SETTLED SOLELY BY ARBITRATION STRICTLY BETWEEN YOU AND US, THE RESULT OF WHICH SHALL BE BINDING UPON ANY PARTIES INVOLVED, AND ANY JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. TO LEARN ABOUT THIS DISPUTE RESOLUTION POLICY IN FULL, PLEASE VIEW OUR ARBITRATION POLICY here. Tranquility Labs LLC DISCLAIMS ALL LIABILITY FOR REPRESENTATIONS AND WARRANTIES MADE ON OTHER WEBSITES ABOUT THE PRODUCTS AND SERVICES ON OFFER AT THIS WEBSITE IF SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE INCONSISTENT WITH REPRESENTATIONS AND WARRANTIES MADE ON THIS WEBSITE. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS Tranquility Labs LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AGENTS, DISTRIBUTORS, AND AFFILIATES FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR BREACH OR ALLEGED BREACH OF ANY OF THESE TERMS AND/OR OF THE TERMS OF OUR ARBITRATION POLICY. THESE DISCLAIMERS AND EXCLUSIONS APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE ON OR THROUGH THIS SITE. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
INTELLECTUAL PROPERTY
By virtue of copyright, trademark, international treaties, and other laws, the entire contents of this website are owned by Tranquility Labs LLC. You may not forward or copy any portion of this for any purpose other than your own personal reference.
Certain trademarks, trade names, service marks, graphics, photographs, and logos used or displayed on this website are registered and unregistered trademarks, trade names, service marks, graphics, photographs, or logos belonging solely to Tranquility Labs LLC or its affiliates. In addition, the arrangement and design of these elements on our website, and the underlying source code, are the sole property of Tranquility Labs LLC. You are forbidden from copying or using these in any manner without the written permission of Tranquility Labs LLC or other owner.
DATA PRIVACY AND SECURITY
We do not sell databases to third parties that contain our customers’ personal information. We are committed to safeguarding your personal information.
We may contact you in the event that we wish to inform you of other products and services that we believe may interest you. If we are under an order from a court of law, law enforcement authority, or regulatory agency to render personal details of our customers, such a legal mandate may leave us no choice but to comply. Please be aware that every business, both on and off the internet, is subject to the same privacy limitation. When you order products and provide certain personal information such as your contact details, credit/debit card details, or other payment details, this information may be processed by us on servers that reside outside North America or the European Union. By placing orders for the products, you consent to the transfer of your data to the location(s) at which our servers reside. We may use a third party credit card merchant to take your payment. This third party will check and process your payment details. There are strict obligations that govern credit card merchants’ handling of personal data. However, we cannot be held responsible for actions by this third party. We accept no liability for loss and/or damage that you may suffer as a result of this third party’s acts and/or omissions. We advise you to print and retain a copy of each card transaction for future reference. There is an inherent risk that any communication, whether by e-mail, fax, telephone, or post, can be intercepted by third-parties. We do not accept any liability for external compromise of security and/or confidentiality in relation to transmissions sent by any of these media. Our site may place cookies on your computer. Cookies are software applications placed on your hard drive by many websites. The aim of a cookie is to track your website preferences and habits in order to make visits more productive. You should ensure that your browser software is set not to accept cookies if you do not wish to receive them. You shall not use this website and any service made available to you via this website to attempt to gain access to and/or interfere with the functioning, operation or security of any network and/or system or in order to monitor a third party’s use of the internet.
RETURNS/REFUNDS POLICY
We are confident that you will be satisfied with the products you have ordered. As a result, we offer you a full refund of the price you have paid for the products if you are dissatisfied, although we may deduct from the refunded purchase price any shipping and handling charges. In order to qualify for a refund, you must provide us all the information we ask for, and comply with all other terms specified on this website for such purpose. Refunds are limited to a single 1-month supply per customer. We will not refund any product that has been opened. In order to be eligible for a refund, your product must not be opened. To claim your refund under this guarantee, please contact support@tranquilitylabs.com or contact our customer service department at Toll Free (in North America) 1 888-407-9659; international customers call (international calling code) +1 888-407-9659. To view other terms of our refunds and returns policy, please read our Guarantee.
LINKS
Tranquility Labs LLC is not responsible for the content of any websites that link to this one, including such websites that review and/or promote Tranquility Labs LLC’s products and services. A link to this site from another website does not imply that Tranquility Labs LLC endorses the contents of such websites or accepts the endorsements contained on such websites, or accepts any responsibility for the content or use of such other websites. This site may contain links to websites owned or operated by parties other than Tranquility Labs LLC. Such links are provided for your reference only. Tranquility Labs LLC does not control outside sites and is not responsible for their content nor their conformity to applicable laws. Tranquility Labs LLC’s inclusion of any links to an outside website does not imply any endorsement of the material on that site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Tranquility Labs LLC’s inclusion of the links imply that Tranquility Labs LLC is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
ENFORCEMENT
No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same provision or other provision.
If any provision of the Terms is held by a legal authority pertinent jurisdiction to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and the remainder of the affected provision shall be unaffected and shall remain in full force and effect. We shall have no Liability to you for any delay in performance to the extent that such delay is due to any event outside our reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events. If we are affected by any such event, then time for performance shall be extended for a period equal to the period that such event or events delayed such performance. All third party rights are excluded and no third party shall have any right to enforce these Terms. For this particular Use, this agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Tranquility Labs LLC with respect to this website. No modification of this agreement shall be effective unless it is authored by Tranquility Labs LLC and physically signed in blue ink by a director of Tranquility Labs LLC. The rules of arbitration, as set forth at our ARBITRATION POLICY shall exclusively govern the enforcement of the Terms between you and us.
CUSTOMER SERVICE
If you are unhappy with any aspects of the services and/or products that we have provided to you or have any queries or comments regarding the service, please call us at Toll Free (in North America) 1 888-407-9659; international customers call (international calling code) +1 888-407-9659 or email us at support@tranquilitylabs.com
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Tranquility Labs (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 nerissa@aoicapital.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.
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 Medford, Massachusetts 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 Tranquility Labs’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.
