Terms Of Service

Effective Date: 19/02/2026

Last Updated: 19/02/2026

Welcome to the website of SOP Instruments (“Company”), located at sopinstruments.com. The term “Website” as used in these Terms of Service refers to sopinstruments.com and the services made available through it. By accessing or using the Website, including by clicking “Accept” where applicable or by continuing to browse the Website after being presented with a notice of these Terms of Service, you indicate that you have read and understand this Terms of Service Agreement (the “Terms of Service”), which incorporates by reference our Privacy Policy, and agree to be legally bound by it. Our Privacy Policy is located at https://sopinstruments.com/policies/privacy-policy. You must accept these Terms of Service in their entirety to use the Website. If you do not understand or have questions about the Terms of Service, immediately stop all use of the Website and contact sales@sopinstruments.com. If you do not accept these Terms of Service, you may not use the Website. Your continued use of the Website or selection of “Accept” constitutes your agreement to the most current version of these Terms of Service. (In short, by using this site, you agree to the latest version of these Terms.) If at any time you do not agree to these Terms of Service, you must cease your use of this Website.

Scope

The Terms of Service apply only to the Website and not to any other websites or applications linked to it. For terms and conditions or privacy policies of other websites or applications, refer to their respective policies.

Modifications

We may change the Terms of Service at any time by posting updates on the Website, without prior notice. If we make material changes to these Terms of Service, we will notify users by prominently displaying a notice on the Website or by sending an email to users who have provided an email address. You are responsible for reviewing the Terms of Service before accessing the Website. Changes take effect immediately upon posting, unless stated otherwise. We reserve the right to change the Website’s contents at any time, with or without notice.

I. Termination Of Access

Access to this Website is a privilege. If you break these Terms of Service, we can suspend or deny your access at any time for any reason. Children under 18 may use the Website only if they are supervised by a parent or legal guardian who is at least 18 years old and takes responsibility for their actions.

You may not use or access this Website if you are in the European Union, European Economic Area, United Kingdom, Japan, South Korea, or any location where we cannot collect personal information as described in these Terms of Service. Because privacy laws in those areas give residents special rights and strong protections over their personal information, we are unable to provide the same services, support, or order fulfillment you would receive in other regions. We want to respect your privacy rights and comply with local laws, so if you are located in these regions, we unfortunately cannot offer our services to you at this time.

II. Definitions

For these Terms of Service, the following definitions apply:

“Affiliates” refers to companies and divisions under the ownership of the Company or that own the Company.

“Content” includes all text, graphics, and Programming used on the Website.

“Graphics” includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, except trademarks and intellectual property belonging to third-parties and displayed with permission.

“Programming” includes, but is not limited to, both client-side code (including but not limited to HTML, PHP, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Website.

“Text” includes all text on every page of the Website, whether editorial, navigational, or instructional.

“User” or “you” or “your” refers to any individual who uses or accesses any aspect of the Website or its services.

III. Use Of This Website

The online store on this Website is powered by WooCommerce , a WordPress plugin that provides the e-commerce platform enabling the Company to sell its products and provide Services to you as described herein. You may also be subject to the terms of service and privacy policies of WordPress and WooCommerce (which cover issues including cookies, payment security, and user data). For more information, please visit: https://wordpress.org/about/privacy/.

We can refuse to provide services to anyone at any time for any reason. Your credit card information always travels encrypted when transmitted over our networks and is handled according to our Privacy Policy. Other content you send may, at times, be transmitted without encryption, may pass through multiple networks, or may be modified to meet technical requirements. We use safeguards to protect your personal information from unauthorized access, disclosure, or misuse, as explained in our Privacy Policy. Section headings in these Terms of Service are for convenience and do not affect the meaning of the terms.

All usage of the Website is at your own risk.

Account Registration

You are permitted, but not required, to create an account with us. An account will allow you to use the Website at your own risk. ory. Your use of the account, like your use of the Website, shall be subject to our Privacy Policy at https://www.sopinstruments.com/policies/privacy-policy. In creating an account or providing information to us in any manner, you agree to provide only true, accurate, current, and complete information, and you represent and warrant that you are at least 18 years old and, as applicable, the legal guardian of any minor whose information you provide. By registering for an account, you permit us to send emails, offers, promotions, and other marketing material to you via email and/or text concerning our Services and related services we reasonably believe you may be interested in. You may unsubscribe at any time by clicking the unsubscribe link in the footer of every promotional email. If at any time you wish to delete your account and associated personal data, you may do so by contacting us at sales@sopinstruments.com with your request. Upon receipt of your request and verification of your identity, we will delete your account and, subject to our legal obligations, remove your personal information from our active records as described in our Privacy Policy.

Account Information

You must keep your account information, including your email address and mobile number, accurate and up to date at all times.

You are responsible for keeping your account and password secure, and for all activities that happen under your account. Keep your password and other account information confidential. If you let someone else use your account, you are responsible for their actions on the Website and agree to cover any loss or damage. Let us know right away if you notice any unauthorized use of your account or other security issues. We are not liable for your actions or any damages that result.

The Website and its services provide information about our products, such as belts, wallets, and leather accessories, and help with sales, returns, and questions. Use the Website only for these purposes and as described on the site. You may not collect, use, download, or copy any part of the Website’s content for others. Do not gather information or data from the Website using mining, robots, or other extraction tools. You may only use the information on the Website for your direct use as allowed by these Terms of Service. Do not remove, summarize, or duplicate content from the Website without our written permission. You also agree not to use the Website for any purpose or in any way that is not allowed by these Terms of Service or by law. Do not interfere with the Website’s operation, such as by attacking, hacking, or trying to access non-public parts of the Website, servers, or network using bots, viruses, or other technology. Do not try to get around any security or access controls on the Website or its servers. Any unauthorized use ends your permission or license from the Company, along with any rights you may have.

You are specifically prohibited from posting, sending, submitting, publishing, or transmitting in connection with this Website any material that is unlawful or used for illegal activity. For easier understanding, related prohibitions are grouped by theme below:

Illegal Content and Conduct:

• Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
• Upload, post, email, transmit, submit, share, or otherwise make availableinformation that is known by you to be untrue, false, or misleading, or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
• Advocate illegal activity or an intention to commit an illegal act;
• Intentionally or unintentionally violate any applicable local, state, national, or international law;
• Provide or attempt to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
• Use the Website, or other activities to “stalk” or otherwise harass or harm another, or improperly access another’s information;
• Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content.

Intellectual Property and Privacy Violations:

• Upload, post, email, transmit, submit, share, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Uupload, post, email, transmit submit, share,, or otherwise make available anycontent that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

Spam and Unsolicited Communications:

• Upload, post, email, transmit, submit, share, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Advertise or otherwise engage in any commercial endeavor without the Company’s explicit, written permission.

Security Threats and Interference:

• Upload, post, email, transmit, or otherwise make available any material that contains software viruses, or any other computer or application code, files, or programs designed to interrupt, destroy, or limit the functionality of any device, software, or hardware, or telecommunications equipment, or intercept, download, or transmit unauthorized data;
• Uuse the Website in any manner that could damage, disable, overburden, or impair any server, or network(s) connections, disobey any requirements, procedures, policies, or regulations of networks connected to the Website, or interfere with any other party’s use and enjoyment of the Website;
• Aattempt to gain unauthorized access to the Website, other accounts, computer systems, or networks connected to any Company server, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website;
• Do not gather information or data from the Website using mining, robots, or other extraction tools.

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V. Products and Billing

You may purchase our goods and products on or through the Website. These goods and products may have limited quantities and are subject to return or exchange only in accordance with our Return Policy (https://returns.sopinstruments.com). To initiate a return or exchange, please visit our Returns page and complete the online return request form with your order details. After you submit your request, you will receive instructions on how to return or exchange your item, including shipping details. Most returns or exchanges are processed within 7-10 business days of receipt, though actual timelines may vary. We have made every effort to display our products’ colors and images as accurately as possible. However, because screens and monitor settings vary, the actual color you see may differ from the product you receive. If selecting the exact color is important for your order, please request a free swatch before purchase to ensure satisfaction. We cannot guarantee that your computer monitor’s display of any color will be accurate, or that the platform will display the goods and products accurately, or that they will reflect the most recent changes to the goods and products. We reserve the right, but are not obligated, to limit the sales of our goods and products 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 goods or products we offer. All descriptions of our goods, products, or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any of our goods or products at any time. Any offer for any of the goods or products is void where prohibited by law or these Terms of Service. We do not warrant that the quality of any of our goods and services, or other material purchased or obtained by you will meet your expectations, be error or defect-free, or that any errors or defect any part of the goods or services will be corrected or that we will, or have any obligation to, make any effort to cure except as explicitly outlined in our Refund Policy (https://sopinstruments.com/policies/refund-policy).

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 under the same customer account, with the same credit card, and/or with the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, and/or billing address, and/or 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 at our online store. Please keep your account details, such as your email address and credit card numbers, up to date so we can process your orders and contact you if needed. We are not responsible for making sure your personal information matches your credit card information. The Website’s content, including the brand name, trade dress, copyright, trademark, service mark, proprietary logo, business identifier, and all text, graphics, programming, photos, video, and audio, is the Company’s intellectual property. Using the Website does not give you any rights or licenses to this intellectual property, unless these Terms of Service say otherwise. You may not use, reproduce, publish, transmit, distribute, display, perform, modify, create derivative works from, sell, or exploit any of the intellectual property in any way without our written consent. You also may not use it for public or commercial purposes. Other product names, service names, trademarks, and intellectual property belong to their respective owners and may only be used as allowed.

VII. Monitoring Of Information

We do not assume any obligation to review the content of any information submitted by Users to the Website, if any. Each User assumes the risk of verifying the accuracy of information provided to the Company. Notwithstanding the foregoing, the Company reserves the right to monitor the use of this Website to determine compliance with the Terms of Service or for any other purpose whatsoever. Any monitoring that takes place is intended solely to detect and address violations of these Terms, not to access or review personal communications unnecessarily. The Company further reserves the right to seek any remedy available at law or in equity for any violation of the Terms of Service.

The Company reserves the right to cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone using the Website or otherwise making available any materials that are believed to violate the Terms of Service or law. You agree to waive, indemnify, and hold the Company harmless from and against any claims whatsoever resulting from or in connection with any action by the Company regarding any investigations either by the Company or law enforcement authorities.

VIII. Procedure for Making and Responding To Claims of Copyright Infringement

We will respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third-parties. We will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to the Website’s designated agent, noted below (the “Designated Agent”). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.

In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Website, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (4) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of claims of copyright infringement can be reached as follows:

If a valid notification of alleged copyright infringement is received, we will remove or restrict access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the person alleged to be infringing that the Company has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the person alleged to be infringing who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or restricting access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to restrict access to it.

IX. Information You Provide to the Company via this Website

If you provide personal information through this Website, we will use it only for the reasons explained in our Privacy Policy. We may also collect or share details about how you use the Website, as described in our Privacy Policy.

X. Disclaimer of Warranties & Limitations of Liability

What this means for you: The following section contains important information about limits on our guarantees, warranties, and liability. In plain terms, using this Website is at your own risk, and the Company cannot promise it will always be without errors or issues. Please read carefully to understand your rights and our responsibilities.

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. Your use of the Website, and the obligations and liabilities of us in respect of your use of the Website, are expressly limited as follows:

Third-Party Websites

Notwithstanding the presentation of, or links to, any third-party information or website/app on the Website, no such presentation shall be considered an endorsement, guarantee, representation, or warranty, either express or implied, by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter, or substance of any information accessed or obtained from third-party websites accessed from or via the Website. Access to third-party websites/apps from the Website is done at your own risk. The Company makes no representations or warranties regarding any opportunities found via the Website. Any such opportunities and information are provided “as is, except to the extent otherwise outlined in a license or sale agreement entered into in writing between you and the Company or with respect to warranties that may be provided by the provider of the opportunity, if any.

Disclaimer of Endorsement and Liability

The representations, views, and opinions expressed or implied in any document or image included in, or linked to or from this site, do not necessarily state or reflect those of the Company unless we explicitly say so. The Company does not endorse or recommend, and assumes no responsibility or liability for any actions, opinions, information, or representations of any User, company, or information contained on the Website, nor do we guarantee or assume liability for the accuracy, completeness, or usefulness of any information maintained by us.

Disclaimer of Warranties

The Website and its content are provided “as is” and without any warranty whatsoever. We disclaim any and all express and implied warranties, including, without limitation, the warranties of merchantability, title, non-infringement of third-party rights, and fitness for a particular purpose. Your use of this Website and reliance on any of its content is at your own risk. The Company makes no representations or warranties regarding any information provided on the Website.

THE COMPANY does not warrant that the functions or content contained in this Website will be uninterrupted, accurate, or error-free. You and not THE COMPANY assume the cost of all necessary servicing, repair, or correction if any loss or damage arises from or in connection with the use of this Website or its content. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE, RELATED TO ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT OF THIS WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME, with or without notice.

NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR RELIANCE UPON ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS OUTLINED IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF THE COMPANY TO YOU FOR ANY DAMAGES SHALL BE LIMITED TO THE TOTAL DAMAGES FOR WHICH THE COMPANY SHALL BE LIABLE SHALL BE LIMITED TO $100.

Release and Indemnification

You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release the Company, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of this Website, or (2) the use of any information accessed by you from this Website.

You agree to indemnify and hold the Company and its subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees and costs of suit, made by any third-party due to or arising out of (1) your use of this Website, (2) information that you submit, transmit, or otherwise make available via this Website, or (3) your breach of this Terms of Service.

You agree to indemnify, defend, and hold us harmless from and against any liability, claims, causes of action, damages, costs, and expenses, including but not limited to, attorneys’ fees and costs of suit, arising out of your breach of these Terms of Service.

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.

XI. SMS/MMS Mobile Message Marketing Program (the “MMS Terms”)

We may offer a mobile messaging program at https://sopinstruments.com/pages/sop-subscribe (the “Program”), which, if you subscribe, you agree to use and participate in, subject to these Terms of Service, the MMS Terms, and our Privacy Policy at https://sopinstruments.com/policies/privacy-policy. 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. These MMS Terms are limited to the Program. They are not intended to modify other Terms of Service Conditions or the 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 in, 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 auto dialer, 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 “auto dialer”). Message and data rates may apply. Message frequency varies.

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 to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that the Company and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Program Description: Without limiting the scope of the Program, users who opt in can expect to receive messages regarding the marketing, promotion, payment, delivery, and sale of digital and physical products, services, and events. Messages may include checkout reminders.

Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at sales@sopinstruments.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-out requests must be submitted in accordance with the procedures set forth above. For questions or assistance with other matters, such as orders, privacy, or general inquiries, please contact our customer support at sales@sopinstruments.com or visit our Contact Us page on the Website for additional resources.

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 changes to your wireless carrier’s products, software, coverage, or other terms. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.

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: The Website is not intended for use by anyone under thirteen (13) years old, and you may not enroll in the Program if you are under thirteen (13) years old. If you are under eighteen (18) years of age (but over age thirteen (13)), you must have your parents’ or legal guardian’s permission to use the Program. By using or engaging with the Website or the Program, you acknowledge and agree that you are not under the age of thirteen (13) years. If you are between the ages of thirteen (13) and eighteen (18), you have your parents’ or legal guardian’s permission to use or engage with the Program and/or the Website as applicable. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage the Program.

Dispute Resolution – Binding and Mandatory Arbitration: If there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, these MMS Terms, 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, exclusively and solely determined by arbitration in Endicott, New Yorkbefore one arbitrator and shall be administered by JAMS (https://www.jamsadr.com/) under the JAMS Streamlined Arbitration Rules and Procedures. Judgment on any award from such arbitration may be entered in any court that otherwise has applicable personal jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction.

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 JAMS 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 decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages, and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If, for any reason, a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided, is located in Florida or (2) the area code for the phone number used to opt into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you. You shall not assert that you are a Florida resident if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

XII. General Information

Entire Agreement. These Terms of Service, together with the Privacy Policy and our 100 Year Warranty, Refund Policy, and Military Discount, all as and to the extent explicitly set forth on the Website, constitute the entire agreement between you and the Company governing your use of this Website, superseding any prior agreements between you and the Company with respect to this Website.

Waiver and Severability. The failure of the Company to enforce any right under the provisions in the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms of Service, and the Terms of Service shall be construed without regard to the invalid, illegal, or unenforceable provision.

Choice of Law, Jurisdiction, and Venue: For any dispute related to your use of this Website:

• The laws of the State of New York will govern these Terms and any related dispute, without regard to any conflict of law principles.
• Any lawsuit or legal action must be brought only in a court located in the State of New York.
• By using this Website, you agree that the courts in New York have exclusive jurisdiction over any such dispute.
• You also agree not to object to New York courts as being inconvenient or improper venues for resolving these matters.

Viruses and Transmission of Sensitive Information. The Company cannot and does not guarantee or warrant that the materials contained on this Website will be free of viruses, worms, or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your device’s system to satisfy your requirements to protect against viruses. We recommend updating your antivirus software before downloading any files from the Website. The Company does not assume any responsibility or risk for your use of the Internet, nor does the Company assume any responsibility for any products or services of, or hyperlinks to, third parties.

Miscellaneous. We do not represent that the materials on the Website are appropriate or available for use in your location. Persons who choose to access the Website do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent applicable. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of the Terms of Service or Privacy Policy is found to be unenforceable for any reason, then such provision shall be deemed deleted from the Terms of Service or the Privacy Policy, as the case may be, and shall not affect the validity or enforcement of any remaining provisions.