Terms of service

TERMS OF USE

IMPORTANT: THESE TERMS OF USE REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE ALL RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE "AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW" PROVISION BELOW. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE AND SERVICES IN ANY WAY, AS THEY CONTAIN IMPORTANT INFORMATION.

OVERVIEW

This website is provided by Inspire Me Bracelets. Throughout the site, the terms “we”, “us” and “our” or the like, refer to Inspire Me Bracelets.  Any person accessing or using the website and any associated webpages, including, without limitation, www.InspireMeBracelets.com (collectively, the "Websites") is referred to as "you". Inspire Me Bracelets offers the Websites, including all information, tools and services available from the Websites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. 

By visiting the Websites, using any function on the Websites (e.g. signing up for our mailing list, registering for an account, etc.) and/or purchasing something from us, you engage in our “Services” and agree to be bound by these terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by link such as our Privacy Policy.  These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms carefully before accessing or using our Websites. By accessing or using any part of our Websites, you agree to be bound by these Terms.  If you do not agree to all of these Terms, then you may not access or use the Websites or any services therein. If these Terms are considered an offer, acceptance is expressly limited to these Terms. 

Any new features or tools which are added to the Websites shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page.  We reserve the right to modify and/or change these Terms at any time, effective upon posting updated Terms (or parts thereof). It is your responsibility to check this page periodically for changes, modifications, amendments, etc. Your continued use of, or access to the Websites following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS 

By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.  Submissions to, and use of, the Websites are made available only to persons over the age of 13 and to persons who can form legally binding agreements under applicable law. Although users of all ages are welcome to browse the Website, the Website is not intended to be used by children under the age of 13 and children under the age of 13 are not to submit any personally identifying information through the Website. 

You may not use the Websites, Services, or products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to intellectual property laws).  

You acknowledge and agree that you may only purchase products from us solely for your own personal, non-commercial use. You may not purchase any products or use any of our Services to further distribution or resale or for any other commercial or business purposes.   

You must not transmit any worms or viruses or any code of a destructive nature.  

A breach or violation of any of the Terms will result in an immediate termination of our Services. 

SECTION 2 - GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (not including credit card information), may be transferred without encryption and involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Websites and Services, use of the Websites and Services, or access to the Website and/or Services or any contact on the Websites through which any Services are provided, without our express written permission. 

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on the Websites is not accurate, complete or current.   All materials on the Websites are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Websites is at your own risk. 

The Websites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Websites at any time, but we have no obligation to update any information on the Websites.  

You agree that it is your responsibility to monitor changes to the Websites.

SECTION 4 - MODIFICATIONS TO PRODUCTS, SERVICES, AND PRICES 

Prices for our products and Services are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Services (or any part thereof) without notice at any time. 

We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Services (or any part thereof). 

SECTION 5 - PRODUCTS AND SERVICES 

Certain products or Services may be available exclusively online through the Websites. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Websites. We cannot guarantee that your computer monitor's display of any color will be accurate 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products, Services, and related pricing are subject to change at any time without notice, at our sole and absolute discretion. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made on the Websites is void where prohibited. 

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

User Accounts 

Some of the products and Services available through or in connection with our Websites require you to register for an account.  There is a limit of one (1) account per individual and you may only establish an account if you are 18 years of age or over.   

To establish an account, you must complete the free registration process on the Websites. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant that you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility. 

SECTION 6 – WAIVE ALL RIGHTS TO SUE OR BRING A LAWSUIT AGAINST INSPIRE ME BRACELETS

You understand that by agreeing with the terms or coming on the website you waive the right to sue Inspire Me Bracelets or any owner or employee of Inspire Me Bracelets for any reason.

You understand that any information or Pictures you send to Inspire Me Bracelets can be used for marketing on both Social, Web and print.

Expiration of Rewards Points

Rewards points will automatically expire twelve (12) months from the date they are earned or if the Program is terminated, whichever is earlier.  It is your responsibility to monitor your account and Shore Dollar status. Please note that the action of making redemptions of your Rewards points does not qualify as a "purchase" for the purpose of this determination. 

Converting Old Rewards Points to Discounts

If you have earned any rewards points prior to October 10, 2018, these rewards points will automatically expire on May 31, 2019 at 11:59 PM PST, unless you contact customer service and request that we convert such rewards points to Rewards points.  All such rewards points will be converted at a ratio of 1 Shore Dollar for every 10 rewards points earned prior to October 10, 2018. To request that your old rewards points be converted to Rewards points please make such request on or before May 31, 2021 by emailing Monday-Friday, 6am-6pm PST emailing us at [email protected]

General Rewards Program Conditions 

You agree not to abuse the Program and any social media platforms connected to the Program by conduct which is detrimental to our interests, including without limitation, attempting to accrue points or redeem Rewards points in a manner inconsistent with these Terms or the intent of these Terms, attempting to earn points through illegitimate channels, participating in redemption fraud, or tampering with the Program or its tools. 

We reserve the right at any time to (i) suspend or terminate the Program at any time; (ii) add, modify and/or delete any parts of the Program, the points you can earn in connection with completing any Qualifying Purchases and/or any limitations placed on total points you can earn in connection with any Qualifying Purchases; and (iii) create, add, withdraw, amend, or otherwise change the ways in which you can earn and/or redeem rewards points, at any time at our sole discretion, with or without notice to you.  Rules for earning rewards points may include number of rewards points earned for the activity, number of times reward points can be earned for a particular activity, maximum number of reward points that can be earned, and criteria for earning rewards points. We also reserve the right to make activities and rules for the activities available only to select account holders, and may be based on purchase activity, geographic location, level of participation, and/or information supplied by you.  

Any changes we make will be effective immediately upon notice, which we may give by the new Program terms and conditions updated on this page.  Your participation in the Program after such notice will be deemed acceptance of such changes. It is your responsibility to check back regularly for any updates and changes.  

You cannot transfer, substitute or redeem Rewards points for cash. Your Rewards points have no cash value.  You cannot give or transfer your Rewards points to anyone else. Once you redeem Rewards points, the redemption cannot be reversed and is final. Products purchased using Rewards points cannot be returned to us and no Rewards points will be returned to you if you attempt to return such products to us.   

The Program is not valid with in combination any other programs that we offer. By participating in the Program, you (and, if an eligible minor, your parent or legal guardian) agree (i) to release, discharge, indemnify and hold harmless us, our parents, subsidiaries, affiliates, retailers, advertising and promotion agencies, and all of their respective representatives, officers, directors, shareholders, employees and agents (collectively, "Released Parties") from any liability or damages which may arise out of participation in the Program or out of the acceptance, use, misuse or possession of any rewards points or products attained, achieved or received through this Program.  

The Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected rewards points, requests, items or other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Program, the tabulating of rewards points, the announcement of the Program or in any Program-related materials. Persons found tampering with or abusing any aspect of the Program, who are acting in a disruptive or unsportsmanlike manner or who are otherwise not in compliance with these Terms as solely determined by us may be removed from the Program and all rewards points will be void. The Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Program or downloading materials from or use of the Websites. 

All questions or disputes regarding the Program, including without limitation those involving eligibility, participation, fraud and abuse, will be resolved by us. 

Your participation in the Program constitutes permission for us and our designees to use your name, biographical information, image, likeness and/or statements about the Program for advertising, trade, promotional and other purposes in any and all media now or hereafter devised, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law. 

Your personal information collected in connection with this Program will be used in accordance with our Privacy Policy that can be located here https://www.inspirationco.com/policies/privacy-policy

The Program is void to the extent prohibited by law.   

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

SECTION 8 - OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Websites are entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the Websites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms. 

SECTION 9 - ACCESSIBILITY STATEMMENT AND/OR POLICY 

The Inspiration Company and Inspire Me Bracelets LLC is committed to making our website accessible to all users, including those with disabilities. Our goal is to provide an accessible website that conforms to World Wide Web Consortium’s Accessibility Guidelines (WCAG) 2.0 Levels A and AA. 

We continue to make every effort to test the website and to remove barriers that prevent persons with disabilities from interacting with or accessing information made available on our website. 

While we are committed to making our Web site accessible to any and all users, we recognize that not all pages may be ADA compliant at this time. We welcome comments on how to improve the site’s accessibility for users with disabilities. 

If you use assistive technology and the format of any material on our Web site interferes with your ability to access the information, please contact our IT department at contactus@inspiremebracelets.com – or call 954-257-8944 and ask for Derek and he will help you. To enable us to respond in a manner most helpful to you, please indicate the nature of your accessibility problem, the preferred format in which to receive the material, the Web address of the requested material, and your contact information. 

If we become aware of content that does not conform to the WCAG 2.0 Levels A and AA standards, we will make reasonable good faith efforts to make the content conform to the standards. 

Screen readers 

To assist our visitors who are visually impaired or blind, our website is compatible with screen reading software. 

Portable Document Format (PDF) Files 

Download the latest free version of Adobe Reader in order to improve the viewing of these files. We are currently working on our processes to ensure all PDFs are accessible. 

While we strive to adhere to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the website, particularly as it relates to content by third parties. If you are unable to access information on our website, please email us at contactus@inspiremebracelets.com –  or call 954-257-8944 and ask for Derek to request the information in another format. The Inspiration Co. will make reasonable accommodations for people with disabilities in accordance with the Americans with Disabilities Act. 

SECTION 10 - THIRD-PARTY LINKS 

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on the Websites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 11 - USER COMMENTS, REVIEWS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. 

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 12- PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy. You can view our Privacy Policy here https://www.inspirationco.com/policies/privacy-policy

SECTION 13- ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our Websites or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 14 - PROHIBITED USES 

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Websites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall Inspire Me Bracelets, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 16 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Inspire Me Bracelets and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 17 - SEVERABILITY 

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 18 - TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms are effective unless and until terminated. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 19 - ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). 

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 – AGREEMENT TO WAIVE ANY LAWSUIT OR SUE.   

 PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. 

WE BOTH AGREE TO ARBITRATE: You and Inspire Me Bracelets agree to resolve any claims relating to these Terms through final and binding arbitration.   

WHAT IS ARBITRATION? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Section 19 is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. 

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Inspire Me Bracelets, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. 

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff, or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. 

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Inspire Me Bracelets in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE. 

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at [email protected] and providing the requested information as follows: (1) your name; (2) the URL of these Terms of Sale; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt out of this arbitration provision in these Terms. This Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using any of the Websites. 

CHOICE OF LAW/FORUM SELECTION: In any circumstances where this Section 20 (Agreement to Arbitrate Disputes and Choice of Law) permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of FLORIDA, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the Southern District of FLORIDA. 

SECTION 21 - CONTACT INFORMATION

Questions about these Terms should be sent to us at [email protected].

For general questions, feel free to call us at 404-644-7771Monday-Friday, 9am-5pm PST or email us at [email protected]

Mobile Terms & Conditions 

The Inspiration Co. (InspireMe, InspirationCo.

) offers its customers mobile alerts regarding sale promotions, event information, product launch announcements, cart reminders by SMS message (the "Service") on 63062. By participating in the Service, you are agreeing to these Terms and to the https://www.inspirationco.com/pages/privacy-policy.

Signing Up and Opting-In to the Service 

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. The Inspiration Co. (InspireMe) reserves the right to stop offering the Service at any time with or without notice. The Inspiration Co. (InspireMe) also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

 By opting into the Service, you: 

 

  1. Authorize The Inspiration Co. (InspireMe) to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
  2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
  3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
  4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, email [email protected]. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive Once you affirm your choice to opt-in to the Service on 63062, your message frequency may vary. You may receive alerts about:

 

  1. Sale promotions
  2. Event information
  3. Product launch announcements
  4. Cart reminders
  5. Back in stock alerts
  6. Price drop alerts
  7. Low inventory alerts

Charges and Carriers Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. 

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. The Inspiration Co. (InspireMe) may add or remove any wireless carrier from the Service at any time without notice. The Inspiration Co. (InspireMe) and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. 

To Stop the Service 

To stop receiving text messages from The Inspiration Co. (InspireMe, InspirationCo), text the word STOP to 63062 any time or reply STOP to any of the text messages you have received from The Inspiration Co. (InspireMe). This is the exclusive method for opting out.  After texting STOP to 63062, you will receive one additional message confirming that your request has been processed.

Questions 

You can text HELP for help at any time to 63062.This will provide you with our email address kenneth.mayer@inspiremebracelets.com.

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

The information provided herein is for general informational purposes only and does not, and is not intended to, constitute legal advice. Please consult your own legal counsel for legal advice. 

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Arbitration and Class Action Waiver

Please read this carefully.  It affects your rights. Any dispute or claim relating in any way to your use of [COMPANY’S services] will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.  You and [COMPANY] hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration.  Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”).  However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules.  The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.  YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND [COMPANY] ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD.  RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS.  FURTHER, AND UNLESS YOU AND [COMPANY] AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and [COMPANY] are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.  [COMPANY], however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous.  Otherwise, the AAA’s Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiveris to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.  If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Mobile Terms of Service

The The Inspiration Co mobile message service (the "Service") is operated by The Inspiration Co (“The Inspiration Co”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to The Inspiration Co’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of The Inspiration Co through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with The Inspiration Co. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to InspireMe or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other The Inspiration Co mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to InspireMe or email [email protected].

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

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