BVA TEST - Terms & Conditions
Last Updated: June 2, 2021
These Terms and Conditions apply to the websites and all other online communication services operated by Zenlen, Inc. (“Native”, “we”, or “us”), including the website you are now visiting (the “Site”) and the Native Mobile Messaging Program (the “Program”) (all such websites and services, including the Program, are collectively referred to as the “Services”). The use of the Services is subject to these Terms and Conditions (the “Terms”). By using the Services, you (“customer” or “you”) are entering into a legally binding agreement and you hereby agree to these Terms as well as any other terms, guidelines or rules (collectively, “Supplemental Rules”) that apply to any portion of the Services. If you do not agree to these Terms and any applicable Supplemental Rules, then you must not use or access the Services.
Please read these Terms carefully as they may impact your rights and liabilities, and they specifically allow for NATIVE to engage in arbitration to settle disputes and address circumstances in which you waive your right to a jury trial.
For purposes of these Terms, you and Native may each be referred to as a “party” or collectively the “parties”. If you have any questions about the Terms, please contact us at firstname.lastname@example.org.
I. Basic Terms
You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Native and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdictions. If you are using the Services on behalf of a business or organization, you are expressly representing that you have the full right and authority to use the Services and to take any actions on or related to the Services. If you are under 16 years of age you may not use or access the Services for any reason. If you are between 16 and 18 years of age, you may only use the Services under the direct guidance and supervision of a parent or guardian that has accepted the Agreement on your behalf. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
When you visit the Services, use the Services or otherwise communicate with Native, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will do so by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal or contractual requirement that such communication be in writing.
All right, title and interest in and to the Services and any content included therein, including images, illustrations, designs, icons, photographs, video clips, text, reviews, and other materials (collectively, the “Content”) are and will remain the property of Native or its licensors, partners or affiliates. The Services and the Content are protected by copyright and other laws of both the United States and foreign countries. Unauthorized use of any Content or materials on the Services is strictly prohibited and may violate copyright and trademark laws. If you wish to use any Content, you need the express written permission of Native. To inquire about obtaining authorization to use the materials or content on the Services, please contact us at email@example.com.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear within the Services are proprietary to Native, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Native, and you may not remove or otherwise modify in any manner any trademark notices from any Content offered or received through the Services.
VI. License and Access
You have a limited license to use the Services for personal, noncommercial use only. This license does not permit you to (a) resell or make any commercial use of the Services; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the Content not intended to be so read (this includes using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser); (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of Content or Marks in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on Content or to collect any information from the Services or any other user of the Services.
VII. Accounts and Registration
You represent and warrant that the information you provide to us upon creating an account via the Services and at all other times will be true, accurate, current, and complete. To facilitate future purchases on the Services, you may choose to create an account by providing an e-mail address and password. Please note that, in some circumstances, you may choose to use the Services and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. Any unauthorized use of your account will be your responsibility. You agree to use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your email address, username and password on any device that you use to access the Services. If you have any reason to believe that your account or account password has been compromised, you agree to immediately (and within 24 hours) notify us by e-mail at firstname.lastname@example.org. You will be solely responsible for the losses incurred by us and others due to any unauthorized use of your account.
VIII. Prices and Payments; Sponsors
Prices. The price for all items available for purchase through the Services will be displayed to you on the Services. There is no charge for standard shipping, but expedited shipping may be purchased at additional cost. Please see “Shipping” below for more information. All monetary transactions on the Services take place in U.S. dollars.
Gift Cards. Native digital gift cards are non-refundable. There are no expiration dates on Native gift cards. Promotions and coupon codes will not work on Native gift cards. Native gift cards cannot be used to purchase more gift cards.
IX. Rewards Programs and Financial Incentives
We may collect and use personal information to offer you financial incentives, or price or service differences, such as discounts, benefits, or other unique rewards for the disclosure of such personal information (e.g., refer-a-friend program, email marketing registration). If you consent to participate in these offerings, you may withdraw that consent at any time by contacting us using the contact details set forth herein. Pursuant to certain data protection laws, such as the California Consumer Privacy Act, you may be entitled to be informed as to why our financial incentives, or price or service differences, are permitted under the law, including (i) a good-faith estimate of the value of the personal information that forms the basis for offering the financial incentive or price or service difference, and (ii) a description of the method we used to calculate the value of your personal information. Generally, we do not assign monetary or other value to any personal information we collect. However, in the event we are required by law to assign such value in the context of our financial incentives, or price or service differences, we have valued the personal information collected and used as being equal to the value of the discount or financial incentive provided, and the calculation of the value is based upon a practical and good-faith effort often involving the (i) categories of personal information collected (e.g., names, email addresses), (ii) the transferability of such personal information, (iii) the discounted price offered, (iv) the volume of consumers enrolled in our marketing programs, and (v) the product or service to which the financial incentive, or price or service difference, applies. The disclosure of the value and calculation described herein is not intended to waive, nor should be interpreted as a waiver to, our proprietary or business confidential information, including trade secrets, and does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards.
X. Warranties, Returns, Refunds
Warranty. Regarding any of our Services, including products or goods purchased via the Services, we expressly disclaim all warranties, express or implied, including the warranty of merchantability and fitness for a particular purpose, to the maximum extent permitted by law.
Returns. If you want to return a product or good purchased via the Services, please contact us at email@example.com. Each customer is limited to one return or exchange per customer. Returns are only permitted on the first order made through your account or through another account owned, controlled or operated by you. Returns must be submitted within 30 days of your package being received by you and must be sent to us within 30 days of your return label being generated and sent to you. We do not accept the return of any product or good that is not purchaseD via the Services.
Title. Risk of loss and title for any items purchased via our Services pass to you upon delivery of such item to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
Shipping. When you place an order for an item through the Services, the item will be shipped to the address you designate as the “Shipping Address” during the check-out process. You are solely responsible for any damages or losses associated with your failure to maintain a current or accurate Shipping Address.
WHEN YOU REGISTER FOR A SUBSCRIPTION TO RECEIVE PRODUCTS, GOODS, OR SERVICES FROM NATIVE ON A CONTINUING BASIS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) NATIVE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON THE FREQUENCY OF SHIPMENTS YOU MOST RECENTLY SELECTED (E.G., MONTHLY, EVERY TWO MONTHS OR OTHERWISE) FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE PRODUCTS, GOODS, OR SERVICES IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP ANY SHIPMENT OR CANCEL YOUR SUBSCRIPTION AT ANY TIME, SUBJECT TO THE TERMS AND SUPPLEMENTAL RULES.
Cancellation Policy. IN ORDER TO CANCEL YOUR SUBSCRIPTION, YOU MUST DO SO AT LEAST THIRTY (30) DAYS PRIOR TO YOUR NEXT BILLING DATE WHICH IS SHOWN ON THE MY ACCOUNT PAGE OR EMAIL AT SUPPORT@NATIVECOS.COM. ANY CANCELLATION RECEIVED WITH LESS THAN THIRTY (30) DAYS UNTIL THE NEXT BILLING DATE WILL NOT BE EFFECTIVE UNTIL THE FOLLOWING BILLING PERIOD AND YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.
Discounted and Free Trials. From time to time, to the extent legally permitted, we may offer discounted and/or free trials of certain subscriptions for specified periods of time without payment or with discounted payment. If we offer you a discounted or free trial, the specific terms of that trial will be provided in the marketing materials describing the particular trial or at registration.
ONCE YOUR DISCOUNTED OR FREE TRIAL ENDS, WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS AT THE THEN APPLICABLE PRICE FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE AS DESCRIBED ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR DISCOUNTED OR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE DISCOUNTED AND/OR TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.
XII. Discount Codes; Sponsors
From time to time, we may offer qualified consumers “discount codes”, “promotional codes”, “promo codes”, or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the Services, subject to certain exclusions or any other restrictions as may be determined and communicated by us. Only valid offer codes provided or promoted by Native will be honored at checkout. Codes supplied or promoted by third-parties unauthorized by us (including any unauthorized third-party websites) will not be considered valid. Each offer code provided by us is non-transferable and valid for single use on an item (or items) of merchandise as determined by us. Offer codes may not be combined and customers are limited to the use of a single offer code per order. For online purchases, the code must be entered in the ‘offer code’ field prior to checkout. We are not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.
Sponsors. From time to time, we may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by us for their statements.
XIII. Creative Ideas
We appreciate hearing from the public and welcome your comments regarding the Services. If you send us feedback, creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
From time to time, we may allow you to post reviews, comments, photos, or similar materials on the Services (collectively, “Reviews”). You agree that any Reviews you submit must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material. By posting a Review on the Services or submitting one to us in any way, you hereby grant us an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit your Review, for any purpose whatsoever, including promotion of Native, our products or the Services and grant us a royalty-free license to use the name, image, and likeness of any person identifiable in any Review you provide in the same manner. By posting or submitting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature. You represent, warrant, and covenant that (i) you either are the sole and exclusive owner of the Review that you post to the Services, or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in your Review as contemplated under these Terms, and (ii) the Review you submit does not (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require us to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
No Objectionable Content. You agree not to submit Reviews or upload any material that: (i) is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred; or (ii) introduces viruses, time-bombs, worms, Trojan Horses and/or other harmful or malicious code to the Services.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Services infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Notices must comply with the DMCA and be sent to Native, ATTN: Legal, 201 California Street, Suite 450, San Francisco, CA 94111.
XVI. Other Sites
The Services may include links to third-party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
XVII. Use of Services
The following uses of the Services are prohibited. You may not attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Services, user accounts, or the technology and equipment supporting the Services; frame or link to the Services without permission; (use data mining, robots, or other data gathering devices on or through the Services; post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; disclose personal information about another person or harass, abuse, or post objectionable material; sell, transfer, or assign any of your rights to use the Services to a third party without our express written consent; post advertising or marketing links or content on the Services, except as specifically allowed by these Terms; use the Services in an illegal way or to commit an illegal act in relation to the Services or that otherwise results in fines, penalties, and other liability; or, access the Services from a jurisdiction where it is illegal or unauthorized.
XVIII. Mobile Messaging Program
In addition to the other terms and conditions set forth herein, the following terms apply to the Program:
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 these Terms apply 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 Native. 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.
Opt Out Process. If you do not wish to continue participating in the Program or no longer agree to these Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Native 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 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. 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 indemnifying us in accordance with the terms set forth in these Terms. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any the Programs
Program Description. Without limiting the scope of the Program, individuals that opt into the Program can expect to receive messages concerning the marketing and sale of personal care products or other products, goods, or services from Native.
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 Native.
Support Instructions. For Program support, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. 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 opt out 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.
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 participate in the Program if you are under sixteen (16) years of age. If you use or participate in the Program and are between the ages of sixteen (16) 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 Program, you acknowledge and agree that: (i) you are over 16 years of age; and (ii) if you are between 16 and 18 years of age you have the express permission of your parent or guardian whom has accepted the Agreement on your behalf.
XIX. Conflict Resolution
We do not represent or guarantee the truthfulness, accuracy, or reliability of materials or content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Services you accept the risk that you might be exposed to materials and content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any feature, without notice or liability.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any Content or the Services. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Your use of the Services is at your own risk. We make no promises and disclaim all liability of specific results from the use of the Services.
XXI. Waivers and Limitation of Liability
Released Parties Defined. The term “Released Parties” means Native and its parent company, affiliates, and subsidiaries, and any and all officers, employees, agents, partners, and licensors related thereto.
WAIVER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS, GOOD, OR SERVICES LISTED ON THE SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, GOODS, OR SERVICES AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED TEN DOLLARS ($10.00 USD).
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Released Parties from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (i) your failure to comply with the Terms; (ii) your failure to comply with your obligations related to the Program, including without limitation, 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; (iii) your use of or reliance on any third-party content, (iv) your use of or reliance on any Content, and (v) any other activity in which you engage on or through the Services.
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use the Services, and to block or prevent future access to and use of the Services for any reason or no reason. Upon termination, these Terms will still apply.
XXIV. Updating Terms
From time to time, we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. We will notify you if these Terms are updated by updating the “Last Updated” section of these Terms. These Terms are effective as of the “Last Updated” date provided herein. Your continued use of the Services signifies your consent to the Terms, as of the “Last Updated” date.
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
XXVII. Entire Agreement
These Terms constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Services, except as specifically set forth in these Terms. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other contracts. Any rights not expressly granted herein are reserved.
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FREE DEODORANT FOR ONE YEAR SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A purchase will not improve chances of winning. This contest is only open to residents of the United States who are at least 21 years of age or older upon the date of entry. It is void where prohibited or regulated by law. By entering you agree to be bound and subject to these rules. Any violation of these rules may result in disqualification. All decisions are final and binding in all respects.
How to Enter. You may enter the contest in three ways. First, you may enter your email address in the box provided. Second, you may send an email to email@example.com indicating your desire to enter the contest. Third, you may send a letter to Native at 201 California St. STE 450, San Francisco, CA 94111 to enter the contest. Limit one entry per person.
Winner Selection. Winner selection will be conducted by random drawing from all eligible entries each month following the contest closing time (the “Drawing Date”). Any potential winner will be notified by mail, email and/or telephone. If a potential winner: (i) cannot be contacted; (ii) does not respond within five (5) days from the date the Sponsor first tries to notify him/her; (iii) fails to return the Affidavit and Release; (iv) refuses the prize; and/or (v) the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including, without limitation, the execution of required waivers, publicity and liability releases and disclaimers, and, at Sponsor’s discretion, successful completion of a background check, such individual will be declared the “winner” of the Promotion.
Prize and Terms. There will be one (1) winner each month who will receive 4 bars of Native Deodorant, with an estimated retail value of $48. A redemption code will be sent to the winner to redeem the prize or may be sent to the winner if his or her address is known.
Taxes. All federal, state and/or local income and other taxes, if any, are the winner’s sole responsibility.
Odds of Winning. The odds of winning this Promotion depend on the number of eligible entries received. Limit one (1) Entry per person, per address.
No Transfer or Substitution. No prize or any portion thereof is transferable or redeemable for cash, will not be replaced if lost or stolen, and cannot be applied to existing credit balances. Any portion of the prize that is not used is forfeited. No substitutions for prize except by Sponsor, in which case a prize of equal or greater value will be substituted.
Content and Release. By entering the Promotion, each entrant releases and discharges Native, the judging organization (if applicable), the Parties and any other party associated with the development, or administration or promotion of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including, without limitation, legal claims, costs, injuries, losses or damages, demands or actions of any kind (including, without limitation, personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) entry into the Promotion constitutes the consent of the entrant, without further compensation, to use his/her name, likeness, biographical data, and contact information (including any email address provided by entrant) for editorial, advertising, marketing, publicity, and administrative purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; (iii) any potential winner shall be required to sign an affidavit of eligibility (including providing social security number) and a liability/publicity release, including a release of any claims for personal injury or otherwise relating in any way to the receipt of the services or the usage of the products awarded through this Promotion; and (iv) if prize involves travel or activities, any potential winner and travel companion (if applicable) may be required to execute releases of the Sponsor from any and all liability with respect to participation in such travel/activities and/or use of the prize. Affidavits and releases must be returned within five (5) days from the date that Sponsor first try to notify the potential winner. Sponsor may conduct a background check to confirm any potential winner’s eligibility and compliance with these rules. By entering, you agree to cooperate reasonably with any such background check. If the prize includes participation in any public event(s) or publicity, or if Sponsor Entities intend to publicize the winner in any way, and if a background check reveals that a potential winner has engaged in conduct that could damage the reputation or business of any of the Sponsor Entities, as determined by Sponsor in its discretion, the potential winner may be disqualified and the prize may be awarded to an alternate winner. If winner is deemed to be a minor under the jurisdiction of his/her residence, the prize will not be awarded to such minor.
DISCLAIMERS. (i) The Parties are not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) The Parties, in their sole discretion, reserve the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Moreover, use of bots or other automated processes to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) The Parties further reserve the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including (but not limited to) by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, legal or regulatory constraints or technical failures of any sort. (iv) The Parties are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this Promotion based upon such error at its sole discretion without liability. In no event will The Parties be responsible for awarding more than the number of prizes specified in these rules. (v) In the event this Promotion is cancelled or terminated, pursuant to subparagraph (iii) or (iv), Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. (vi) SPONSOR ENTITIES AND THE PARTIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR, PARTIES AND THE PARTIES RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (viii) The value(s) of the prize(s) set forth above represent the Parties’ good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by the Parties are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.
This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. (i) Each entrant and (ii) each visitor to Native website agrees that all disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by an arbiter (not a state or federal court) located in San Francisco, California. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, treble, incidental and/or consequential damages.
Winner List. For a list containing the name of the winner(s), send a self-addressed stamped envelope within 30 days of the month’s Drawing Date, to: Winner List, “Native Sweepstakes” c/o Native, 201 California St. STE 450, San Francisco, CA 94111. Please specify the Drawing Date in order to obtain the list.
This Promotion is sponsored by and the responsibility of Native, 201 California St. STE 450, San Francisco, CA 94111 (the “Sponsor”).