By using, accessing, or purchasing from this website ("Site"), which is owned and operated by Vernon Coombs C DBA Splendies, Inc (“Company”, “We,” “Us”), you acknowledge that you have read, understood, and agree to the following Terms of Service ("Terms" or "Agreement"). If, at any time, you do not agree to these Terms, please do not use this Site. Splendies reserves the right to revise these Terms at any time by updating this posting. Please read and review these Terms periodically. As a condition of your use of this Site, you agree that you are at least 18 years of age or are visiting the Site under the supervision of an adult or guardian and that you possess the authority to enter into a binding legal agreement. We grant you a personal, limited, nontransferable nonexclusive, license to access and use the Site via a browser. We reserve the right to revise the products and services available on the Site and to impose rules for and limits on use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.
Splendies reserves the right to change these terms & conditions of use at any time without notice.
By accessing or using any part of the site, you accept these terms, without limitation or qualification. You may not use any portion of the site if you do not agree with all of the terms set forth below. Price information found on this site is subject to change without notice.
We grant you a personal, limited, nontransferable nonexclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Use of the Website
We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of our celebrity spokespersons found on the Site.
We reserve the right to change any information, features and functions of the Site without prior notice. We may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and Splendies has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of the this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Splendies of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
You may receive emails regarding your account or promotions for special offers, including third party offers.
The following terms and conditions (together with any documents referred to herein known collectively as the "Terms and Conditions") apply to your access to and use of www.splendies.com, and all pages hosted therein, including any content, functionality and services offered on or through www.splendies.com, whether you access our Website and Services through a social networking service, the Website, or through our future mobile application (together known as the "Website"), whether as a guest or a registered user ("User"), including all features, functionality and services offered on the Website. These Terms and Conditions also apply to your membership, subscription, and your purchase of products and services from Us.
This Website, and the products and services offered on the Website are available to Users who are over the age of 13 or who have the assistance and consent of their parent or guardian. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion, or as required by law. All changes are effective immediately when we post them and apply to access and use of the Website thereafter. You are expected to check this page from time to time to take notice of any changes We made, as they are binding on you. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. Although we will do our best to inform you conspicuously on our Website through email, blog post, or social media post when we make changes to the Terms and Conditions, you are expected to check this page from time to time so you are aware of any changes as they are binding on you.
Accessing the Website and Account Security
Although the Company intends to make the Website and the Services available thereon available at all times, the Company has no liability if, for any reason, the Website is not available to Users. We reserve the right to withdraw or amend this Website, and any product, service, or material We provide on the Website, in our sole discretion without notice. We will not be liable if for any reason, or no reason at all, all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or you are provided with, a secure user name, password or any other piece of information as part of our security procedures (“Access Credentials”), you must treat those Access Credentials as confidential, and you must not disclose those Access Credentials to any third party. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website and or its services and products using your Access Credentials. You agree to immediately notify Company of any unauthorized use of your Access Credentials or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Access Credentials. We have the right to disable any Access Credentials, whether chosen by you or provided by Us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms and Conditions.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Website for your personal, noncommercial use, for legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of the Company, only. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except to:
- Store copies of such materials temporarily in RAM or in your web browser's automatic cache, which may occur automatically as a result of the operation of your computer or mobile device.
- Print a reasonable number of pages of the Website for your own personal, noncommercial use. If We provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, provided you agree to be bound to our end user licensing agreement for such applications.
- If you utilize our social media and or social networking features with certain content you may take such actions as are authorized and enabled by such features. By connecting to the Website with a thirdparty service (i.e. a social media service), you give Us permission to access and use your information from that service as permitted by that service, and to store your login credentials used to access that third party service. The Company is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, the Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. The Company enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
- Access or use for any commercial purposes any part of the Website or any services or materials available through the Website. You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than as set out in this section, you may request our consent to do so by sending a request via email to: [email protected] . Sending a request for use of material does not automatically confer approval of your request. We reserve all rights with respect to any request for use of the content on the Website.
If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The Company name, the terms "Splendies", the Company logo, and all related names, logos, product and service names service marks, designs and slogans (together “Marks”), are trademarks of the Company or its affiliates or licensors. You must not use the Marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
The Company expressly disclaims any right in the intellectual property of advertisers whose content may appear on the Website.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
- In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
- To launch any third party attack, hack, penetration, denial of service attack, or breach of any third party website, service or internet asset.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any bot, spider or other automatic device, process or means, including manual means, to access the Website for any purpose, including monitoring or copying any of the material on the Website, without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any malware, hostile executables, viruses, trojan horses, worms, logic bombs ransomware, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via any form of denialofservice attack.
- Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin board, and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display or transmit to other users (hereinafter, "post") content or materials (collectively, "User Content") on or through the Website. All User Content must comply with the Content Standards set out in these Terms. Any User Content you post to the site or any other site or social media outlet will be considered nonconfidential and nonproprietary, and We have the right to use, copy, distribute and disclose to third parties any such material for any purpose.
All User Content must comply with the Content Standards set out in these Terms.
You represent and warrant that you own and/or control all rights in and to the User Content and have the right to grant the Company and its affiliates the license granted above to Us, our affiliates and subsidiaries, and all third parties who provide services necessary for the maintenance and operation of the Website.
You represent and warrant that all of your User Content does and will comply with these Terms and Conditions, and you agree to defend, indemnify and hold harmless the Company and its affiliates and licensors for any breach of that representation and warranty.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the User, person, or entity submitting them and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Website. By using the Website, you agree that the Company is merely hosting or republishing the speech of others, and that the Company is protected from any liability for User Content pursuant to section 230 of the Communications Decency Act (47 U.S.C. §230).
Monitoring and Enforcement; Termination
By accessing the Website, you agree that We have the right, at the Company’s sole discretion, to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that We deem necessary or appropriate in our sole discretion if We believe that such User Content violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right, threatens the personal safety of users of the Website and the public or could create liability for the Company.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Website or any other social media outlet, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
These content standards apply to any and all User Content and Interactive Services. User Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person or entity.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent any Website user’s identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, unless such commercial activities emanate from us or any authorized third party advertiser.
- Give the impression that they emanate from us or any other person or entity, if this is not the case.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counternotice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Southern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counternotice is received by the Copyright Agent, the Company will send a copy of the counternotice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, Subscriber or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counternotice, at our sole discretion.
It is the Company’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers of intellectual property law. The Company may also, at its sole discretion, limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Changes to the Website
We may update the Website from time to time, but its content is not necessarily complete or uptodate. Any of the material on the Website may be out of date at any given time, and We are under no obligation to update such material. We may change the Website at any time with or without notice. We may suspend access to the Website, or close it indefinitely.
Terms of Sale/ Online Purchases
The Company and its Website are designed to allow Users to purchase products. The Company reserves the rights to terminate your membership, to refuse any and all current or future use of the Website or the services or products offered by Us, and not to do business with any anyone, the Company deems appropriate in its sole discretion for any reason.
All purchases through our site or other transactions for the sale of goods, or services or information formed through the Website or as a result of visits made by you to the Website, whether via the actual website on a computer browser, through a mobile application or through a social networking site are governed by these Terms of Sale.
All purchases through our site or other transactions for the sale of goods or services or information formed through the Website or as a result of visits made by you are governed by these Terms and Conditions.
Your Splendies Store User account will allow you to purchase products and services listed on our Website and you will allow Users to access the Services, products and functionality that we may establish and preserve from time to time in our sole discretion. We may also maintain different types of accounts for different types of Users. If you create a Splendies Store User account on the Website on behalf of a company, organization, or any other entity, other than you includes you, you expressly represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms and Conditions, and that you agree to these Terms and Conditions on behalf of that entity.
Creating an Account on the Website
Using another User's account without their express consent and permission is not allowed. Accurate and complete information must be provided when creating your User account. You are solely liable for the activity that occurs on your User account and it is your responsibility to keep your account credentials secure. Website User accounts require passwords. We recommend that you use “strong” passwords (passwords which include a combination of upper and lower case letters, numbers and symbols) for your account. If you become aware of any breach of security or unauthorized use of your Website Account, you must immediately notify the Company by email to [email protected] The Company will not be held liable for any losses caused on your User account by any unauthorized use of your User account. You control your User account, user profile and the interactions you have with the Service by accessing the settings section in your User account page. By providing the Company with your email address you authorize us to use your email address to send you Service related notices, which may include any notices required by law, in lieu of communication by postal mail. We may use your email address to send you messages regarding changes to features of the Service and messages regarding special offers. If you decide you prefer not to receive such email messages, you may opt out by changing your preferences in your customer account page. Please be aware that opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Placing an Order for Products and Services
To purchase products and or Services from Us via the Website, you are required to provide the Company with information regarding your credit card or other authorized payment instrument. The Company reserves all right, at its sole discretion, to determine what form of payment it will accept. After placing an order on the Website, you will receive an email message from Us acknowledging that We have received your order. This acknowledgment email does not mean that your order has been accepted by Us. Your placed and acknowledged order constitutes an offer to Us to buy a product. All orders are subject to acceptance by Us, and We will confirm such acceptance to you by email that confirms that the product has been dispatched (“Confirmation”). The contract between us and you (“Contract”) will only be formed when we send you the Tracking email detailing that your product has shipped. The Contract will relate only to those products and or services whose dispatch we have confirmed in the Tracking email. We are not obligated to supply any other product that may have been part of your order until the dispatch of such products and/or services has been confirmed in a separate Tracking email. All products ordered through our Website shall be subject to the payment processes described below.
Customers may purchase multiple products with their credit card or other form of payment and these products may be shipped to the same or different addresses.
Splendies may, from time to time in its sole discretion, offer certain Coupon codes or “Promo codes” for discounts. Codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one code use per customer unless otherwise specified during a specified period of time. Codes can only be used once per person, family, email address, billing, and/or shipping address. Multiple code uses outside of any otherwise specified promotion period is prohibited. Any codes used more than once per person, family, email address, billing, and/or shipping address will result in the balance due being applied to the cardholder’s account at the time of shipment. Multiple code usage may result in termination of accounts at Splendies sole discretion. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Splendies at any time in its sole discretion.
Certain aspects of the Services and products offered by the Company, for example subscription plans, may be provided for a fee or charge. If you elect to use paid aspects of the Website offered by the Company, you agree to the pricing and payment terms cited on our Website, and as we may update them from time to time. the Company may add new Services for additional fees and charges, or change those fees and charges for existing services at any time in its sole discretion. You may use all major credit cards or debit cards for payment for all products and/or services offered by the Company.
Payments shall be processed through our Website in accordance with the payment information you submit on the Website. The Company reserves the right to withhold payment or charge back to your account any amounts otherwise due to Us, or amounts due to any failure to pay or other breach of these Terms and Conditions by you, pending the Company’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. All information that you provide in connection with a purchase from the Company or other transaction with the Website must be accurate, complete, and current. You agree to pay all applicable taxes or charges imposed by any government entity in connection with any purchase from the Company.
Disputes with the Company
If you dispute any payment made to the Company you must notify the Company in writing via email or in writing within thirty (30) days of making the payment in dispute. Failure to notify the Company shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by the Company. No other accounting of any kind shall be accepted by the Company or have any effect under these Terms and Conditions. We may withhold any taxes or other amounts from payments due to you as required by law. By accessing the Website and agreeing to these Terms and Conditions, you expressly waive the right to request a chargeback from your credit card company, and acknowledge that your sole recourse for any disputes is through the dispute resolution procedures noted herein.
Refunds and Returns
**Please note that items marked FINAL SALE and all international shipments are not subject to returns or refunds.**
All returns are handled on a case by case basis. We will either accept your return and send you a Return Item Number or an offer for store credit or your return will not be accepted.
Any shipping fees associated with orders are non refundable.
Returns are subject to a flat $5.00 restocking fee (this fee is per return, regardless of the number of items that you return). Store credits are not subject to this fee.
- Make sure to ship back your item new and in unworn condition within 30 days of receipt. Items received 30 days after receipt will not be accepted.
- Include a print out of your invoice along with Return Item Number.
- Mail item back to the return address on your package.
You will receive your refund within 30 days of your return.
Note: You may choose to send the item back whichever way you choose but you will only be reimbursed $3 of shipping cost (USPS First Class under 4 oz). We highly recommend sending packages back with Delivery Confirmation (no signature required) as we can not be responsible for items lost, damaged, or not confirmed as received.
*All items must be returned with tags and in new or unworn condition. Those that are deemed to be worn or damaged will be rejected during the sanitary inspection.
Currently, Splendies ships within the United States, Canada, the UK, and over 80 other countries (for a complete list of countries that we ship to please email [email protected]). Packages are shipped within 10 business days after receipt of payment. This is subject to change at any time, and any delays resulting from unforeseen circumstances are not subject to a refund. For Canada addresses, it can take up to an additional 30 business days (total of 40), or longer, for delivery from when the package leaves the warehouse. Address changes must be made prior to shipment and must be the correct address where the customer can receive mail. If the address is not updated in time, the carrier has the right to charge a forwarding fee.
Furthermore, Splendies provides detailed tracking for all shipments and is not responsible for packages once they leave our warehouse. Packages that are marked as “Delivered” to the address in which was provided to us at checkout are not subject to reshipment or refund and is up to the sole responsibility of the customer to avail themselves to receive the package. Packages can not be reshipped until they are into our possession at our warehouse or other Splendies related facility. Packages returned to us due to incorrect address by the customer is subject to fees to reshipment.
The ability to provide a correct address lies solely on the Customer and is not the responsibility of the Company. The Company will ship packages to addresses provided to us by the customer either through the Website, Email, or Verbal transaction and is not responsible for the carrier’s ability or availability to provide successful delivery to that address.
Risk of Loss and Title
All products purchased from the Company are transported and delivered to you by an independent carrier not affiliated with, or controlled by the Company. The risk of loss for such products passes to you when the Company or our supplier delivers these items to the carrier. Title to products purchased from the Company passes to you when we receive full payment of all sums due for such products including any shipping and handling charges.
You agree that the Company, in its sole discretion, may suspend or terminate any User account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use, or if the Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Website or Service, may be referred to appropriate law enforcement authorities. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Company will not be liable to you or any thirdparty for any termination of your access to the Service, or any part of the Website.
You agree that you are solely responsible for your interactions with any other User in connection with the Service and the Website, and the Company will have no liability or responsibility with respect thereto. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Website or the Service.
Information About You and Your Visits to the Website
Linking to the Website
You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists without our express written consent. You must not establish a link to this Website from any website that is not owned by you, or for which you lack proper legal authority to establish a link.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. The website from which you are linking must comply in all respects with the Content Standards set out in these Terms and Conditions.
You agree to cooperate with Us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.
This Website may provide certain social media features that enable you to:
- Link from your own or certain thirdparty websites to certain content on the Website.
- Send emails or other communications with certain content, or links to certain content, on the Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain thirdparty websites.
You may use these features solely as they are provided by Us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions We provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or inline linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.
Disputes, Binding and Confidential Arbitration, and Waiver Of Class Actions and Class Arbitrations
AS SET FORTH IN THIS SECTION, INSTEAD OF SUING IN COURT, WE EACH AGREE TO SETTLE DISPUTES (EXCEPT CERTAIN SMALL CLAIMS) ONLY BY ARBITRATION. BY USING THE SITE AND AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE AGREEING TO WAIVE AND ARE WAIVING YOUR RIGHT TO SUE VERNON COOMBS C DBA SPLENDIES IN COURT AND YOUR RIGHT TO A TRIAL BY JURY. YOU AND VERNON COOMBS C EACH AGREE THAT DISPUTES WILL BE ARBITRATED. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT AS A COURT WOULD.
Confidential and Binding Arbitration
You and VERNON COOMBS C DBA Splendies agree to confidential and binding arbitration of all Disputes between the parties VERNON COOMBS C DBA Splendies WAIVE OUR RESPECTIVE RIGHTS TO A JUDGE OR JURY IN A COURT PROCEEDING AND GROUNDS FOR APPEAL ARE LIMITED. You and VERNON COOMBS C DBA Splendies also agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms. The arbitrator may award the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief warranted by a claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation, and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator will be final and enforceable by any court with jurisdiction over the parties.
Small Claims Court
Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court. VERNON COOMBS C DBA Splendies does not hereby waive any defense and expressly reserves its right to assert any defense available to it in any such action, whether jurisdictional or otherwise.
In the event of a Dispute, you or VERNON COOMBS C DBA Splendies must first send to the other party a Notice of the Dispute that includes a written statement that sets forth the name, address, and contact information of the party giving notice, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to VERNON COOMBS C DBA Splendies must be addressed and sent by certified mail to: Attn: Dispute Notice Agent, VERNON COOMBS C DBA Splendies 1250 10th St Suite #9 - Santa Monica CA 90401 (the “VERNON COOMBS C DBA Splendies Notice”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If VERNON COOMBS C DBA Splendies and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, either you or VERNON COOMBS C DBA Splendies may commence an arbitration proceeding pursuant to this section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
YOU AND VERNON COOMBS C DBA Splendies AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR WILL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO THE ARBITRATION PROCEEDING.
If a party elects to commence arbitration, the arbitration will be governed by the terms set forth in this section and the Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS) that are in effect at the time the arbitration is initiated (the “JAMS Procedures”), which are available at http://www.jamsadr.com or by calling 1-800-352-5267. The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only. If there is a conflict between the JAMS Procedures and the terms set forth in this section, the terms in this section will govern. The parties may, in arbitration, seek all remedies otherwise available to them pursuant to federal, state, or local laws. All Disputes will be resolved by a single neutral JAMS arbitrator, and both parties will have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this section. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, each of which is excluded from the definition of “Dispute” as stated above. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone will take place in a location reasonably accessible from your primary residence, or in Los Angeles, California, at your option. Initiation of Arbitration Proceeding. If either you or VERNON COOMBS C DBA Splendies decide to arbitrate a Dispute, the parties agree to the following procedure: Write a Demand for Arbitration. The Demand must include a description of the Dispute and the amount of damages sought to be recovered (the “Demand for Arbitration”). A sample demand for arbitration is available at http://jamsadr.com. Send three (3) copies of the Demand for Arbitration, plus the appropriate filing fee, to: 555 West Fifth Street Gas Company Tower 32nd Floor Los Angeles, CA 90013 Send by certified mail one (1) copy of the Demand for Arbitration to the other party at the same address listed for the Dispute Notice, or as otherwise agreed to in advance by the parties.
In all hearings, the arbitrator will issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. The amount of any settlement offer made by VERNON COOMBS C DBA Splendies or you will not be disclosed to the arbitrator, if at all, until after the arbitrator determines the amount, if any, to which you or VERNON COOMBS C DBA Splendies is entitled. The discovery or exchange of non-privileged information relevant to the Dispute will be governed by the JAMS Optional Expedited Arbitration Procedures.
VERNON COOMBS C DBA Splendies will pay, or (if applicable), reimburse, you for all JAMS filing, administration, and arbitration fees for any arbitration commenced by you or VERNON COOMBS C DBA Splendies pursuant to the terms of this section.
You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter by certified mail to VERNON COOMBS C DBA Splendies 1250 10th St Suite #9 - Santa Monica CA 90401 within thirty (30) days of your first visit to and use of the Site or Application that specifies your (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions in these Terms will continue to apply.
Amendments to this Section
Notwithstanding any provision in this section to the contrary, you and VERNON COOMBS C DBA Splendies agree that if VERNON COOMBS C DBA Splendies makes any future amendments to the dispute resolution procedure and class action waiver provisions set forth in this section (other than a change to the parties’ addresses), VERNON COOMBS C DBA Splendies will post notice of such amendments on the Site and Application and you will have thirty (30) days from your first visit to, or use of, the Site or Application containing such amendments to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you agree you will arbitrate any Dispute between us in accordance with the language of this section as stated in this current section, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to such future amendments.
If any provision of this section is found to be unenforceable, that provision will be severed with the remainder of this section and these Terms remaining in full force and effect. The foregoing will not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire section will be null and void. The terms of this section will otherwise survive any termination of these Terms.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, which may vary from these Terms and Conditions. The Company expressly disclaims any responsibility for the actions of third parties, even if users of the Website learn about, or access those third parties through the Website.
The Company (which owns the Website) is based in the state of California in the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, or any of its territories or possessions, you do so on your own initiative, bear all risk with respect to your access, and are responsible for compliance with all applicable local laws.
Disclaimer of Warranties
You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other malicious code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIALOFSERVICE ATTACK, VIRUSES, MALICIOUS CODE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERRORFREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE RELATED TO THE PRODUCTS PROVIDED BY THE COMPANY. ANY REPRESENTATIONS MADE ON THE WEBSITE ARE REPRESENTATIONS MADE BY THE MANUFACTURER OF THE PRODUCTS PROVIDED BY THE COMPANY, AND ARE NOT REPRESENTATIONS OF THE COMPANY. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
YOU EXPRESSLY AGREE AND UNDERSTAND THAT IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (a) YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (e) ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 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 MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY, OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES PROVIDED BY THE COMPANY.
You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms and Conditions or your use of the Website, including, without limitation, any use of the Website’s content, any User Content created by you, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Governing Law and Jurisdiction
All matters, claims, disputes and controversies related to or arising out of the Website and these Terms and Conditions their subject matter, contents or their formation (in each case, including contractual and noncontractual disputes or claims) shall be governed by and construed in accordance with the law of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Although these Terms and Conditions expressly bind you and the Company to Arbitration, as indicated below, any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website which is not expressly subject to the arbitration clause shall be instituted exclusively in the state or federal courts in Los Angeles County, California, although We retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You expressly, knowingly and voluntarily agree to waive any and all objections to the choice of law, venue, forum, and exercise of jurisdiction over you by such courts.
Limitation on Time to File Claims
As a condition to the use of this Website, you agree to arbitrate all disputes and claims between you and Us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between you and Us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Terms and Conditions.
References to "Splendies”, “Company”, "you", and "us" in this Arbitration Agreement include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement 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. You agree that, by entering into this Terms of Service, you and the Company are each waiving the right to a trial by jury or to participate in a class action. This Terms of Service evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Terms of Service.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to the Company should be addressed to Splendies Inc., 1250 10th St #9 Santa Monica CA 90401 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If the Company and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules"), of the American Arbitration Association (“AAA”), as modified by this Terms of Service, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 18007787879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless the Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an inperson hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the preceding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and the Company agree otherwise, 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Terms of Service to the contrary, we agree that if the Company makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Website, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Waiver and Severability
No waiver of these Terms and Conditions by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Entire Agreement and Assignment
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 4451254 or (800) 9525210. Splendies may be contacted in writing at 1250 10th St #9 Santa Monica CA 90401.
YOUR CALIFORNIA PRIVACY RIGHTS - California Consumer Privacy Act (CCPA)
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
California Consumers’ Rights and Choices
If you are a California resident, California law permits you to request Information regarding the:
- Categories of Personal Information (as defined by applicable California law) collected, sold or disclosed by us;
- Purposes for which categories of Personal Information collected by us are used;
- Sources of information from which we collect Personal Information; and Specific pieces of Personal Information we have collected about you
In addition, if you are a California resident you may:
- Opt-out of the sale or disclosure of your Personal Information, in some circumstances;
- Opt-out of receiving marketing communications from us; however, you may still receive administrative or transactional communications regarding the Services;
- Opt-in to certain financial incentive programs we may offer related to the collection, sale, or deletion of your Personal Information; and
- Request deletion of your Personal Information by us and our service providers, in some circumstances.
We may from time to time collect the following categories of “personal information” (as defined by the California Consumer Privacy Act) about you: name, address, phone number, email, IP address, geolocation, purchase history, unique personal identifier, browser type, operating system, information about your use of the Site, and demographic information (including employment-related information) for the purposes of processing orders and administering your account, responding to Customer Service requests, and to better understand your needs and interests and improve marketing and promotional efforts of our products and services. We do not sell your personal information. We may from time to time elect to share personal information about you with third party vendors to perform certain functions on our behalf.
California residents may request the personal information collected or shared by Vernon Coombs C DBA Splendies, and/or request that their personal information be deleted. We will not discriminate against California consumers for exercising their CCPA rights. California residents may request disclosure and/or deletion of personal information by filling out and submitting a request via our CCPA Request Form or emailing us at [email protected] with the subject heading: CCPA.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a consumer request related to your personal information. You may also make a consumer request on behalf of your minor child.
Your request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, or are an authorized representative. You may only make a consumer request for disclosure twice within any 12 month period.
Splendies Messaging Terms & Conditions
You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from Vernon Coombs C DBA Splendies, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Vernon Coombs C DBA Splendies reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Vernon Coombs C DBA Splendies also reserves the right to change the short code or phone number from which messages are sent.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Vernon Coombs C DBA Splendies, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP28058 to cancel. After texting STOP28058 you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Vernon Coombs C DBA Splendies and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Vernon Coombs C DBA Splendies through any other programs you have joined until you separately unsubscribe from those programs. The keyword STOP28058 may change without written consent, however, a keyword to opt out will always be provided along with the text message sent. The same aforementioned terms will apply.
Mobile Phone Number Change
In the event that you change or deactivate your mobile phone number, you agree to notify Vernon Coombs C DBA Splendies by emailing [email protected]
If you are experiencing any problems, please visit [email protected] and request support.
This message program is a service of Vernon Coombs C DBA Splendies, located at 1250 10th St #9, Santa Monica, CA 90401
- General. In the interest of resolving disputes between you and Vernon Coombs C DBA Splendies in the most expedient and cost effective manner, you and Vernon Coombs C DBA Splendies agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Vernon Coombs C DBA Splendies or its service providers will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Vernon Coombs C DBA Splendies or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Vernon Coombs C DBA Splendies ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Vernon Coombs C DBA Splendies to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Vernon Coombs C DBA Splendies will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Vernon Coombs C DBA Splendies. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. If you or Vernon Coombs C DBA Splendies intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Vernon Coombs C DBA Splendies address for Notice is: 1250 10th St #9, Santa Monica, CA 90401, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Vernon Coombs C DBA Splendies will make good faith efforts to resolve the claim directly, but if you and Vernon Coombs C DBA Splendies do not reach an agreement to do so within 30 days after the Notice is received, you or Vernon Coombs C DBA Splendies may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Vernon Coombs C DBA Splendies must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Vernon Coombs C DBA Splendies will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Vernon Coombs C DBA Splendies for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Vernon Coombs C DBA Splendies agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Vernon Coombs C DBA Splendies made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND Vernon Coombs C DBA Splendies AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Vernon Coombs C DBA Splendies 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.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Vernon Coombs C DBA Splendies makes any future change to this arbitration provision, other than a change to Vernon Coombs C DBA Splendies address for Notice, you may reject the change by sending us written notice within 30 days of the change to Vernon Coombs C DBA Splendies address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Vernon Coombs C DBA Splendies.
- Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to Messaging Terms
We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
Your Comments and Concerns
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