Terms of Service
TERMS OF SERVICE
EFFECTIVE DATE: September 16, 2021
ATA-LIST POLICY: September 1st, 2022
Arrowhead Tactical Apparel LLC (“We” or “Arrowhead Tactical Apparel”) is the operator of the website located at www.Arrowheadtacticalapparel.com (the “Website”). This Agreement governs your use of the Website and your purchase of any products from Arrowhead Tactical Apparel (the “Products”).
The Website and Products are offered subject to your acceptance of these Terms and Conditions (“Terms” or “Agreement”). These Terms constitute a legally binding agreement between you and Arrowhead Tactical Apparel, and you should read them carefully. By agreeing to these Terms, you also agree to the Arrowhead Tactical Apparel Privacy Policy, Online Return Policy, and Shipping Policy, each of which is expressly incorporated by reference herein.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
User Obligations
By downloading, accessing or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Arrowhead Tactical Apparel through the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. Arrowhead Tactical Apparel reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by Arrowhead Tactical Apparel from time to time. You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). You shall immediately notify Arrowhead Tactical Apparel if you suspect or become aware of any loss, theft, or unauthorized use of your information to interact or transact with the Website.
By purchasing any product from Arrowhead Tactical Apparel, you agree to abide by any and all applicable Federal, State, and Local laws, statutes, regulations, and other forms of governmental authority ("laws") pertaining to (but not limited to) Firearms policy, Self-defense, and Trespassing. Arrowhead Tactical Apparel mandates strict adherence to all applicable laws when owning, wearing, or otherwise using any product from Arrowhead Tactical Apparel, and the Customer, User, or Wearer agrees to these terms at the time of purchase. The Customer, User, or Wearer agrees to waive Arrowhead Tactical Apparel of any and all liability with respect to individual or group violations of applicable laws.
Furthermore, purchasing any product from Arrowhead Tactical Apparel, you agree and acknowledge that handling, carrying, discharging, and otherwise using Firearms carries an inherent risk to your wellbeing and the wellbeing of others. If you choose to carry or otherwise use Firearms when wearing or otherwise using your Arrowhead Tactical Apparel product, you release Arrowhead Tactical Apparel from any and all liability for your personal wellbeing or the wellbeing of others who may be impacted by your actions. You acknowledge that Arrowhead Tactical Apparel products must be used with the Carrier Retention Waistband properly installed and with a suitable Inside the Waistband holster that secures the Firearm and covers the trigger when not in use. You acknowledge and agree to strictly abide by the Gun Safety Rules as defined by the National Rifle Association whenever wearing or otherwise using Arrowhead Tactical Apparel products.
Noncompete and Restrictions for Use
You acknowledge and agree that Arrowhead's products, designs, branded terms, and likenesses are the sole property of Arrowhead, and you agree not to copy, duplicate, or otherwise recreate any product sold on our site. Arrowhead does not authorize any purchases of our products for the purpose of reverse-engineering, examining, or dissecting, and doing so is expressly in violation of these terms of service. Arrowhead's Carrier Retention Waistband is protected by U.S. Patent No. 11,259,583 which forbids imitation for any and all commercial purposes. Violations of this noncompete may result in legal action.
Purchases through the Website
All purchases made through the Website are subject to our acceptance. This means that we may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. Arrowhead Tactical Apparel expressly conditions its acceptance of your order on your agreement to these Terms, and to all additional terms and conditions that are provided to you on the Website that govern your purchase of certain Products. By ordering Products through the Website, you agree to provide true, accurate, current, and complete information. Arrowhead Tactical Apparel reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the site without incurring any obligation to you. Prices and availability are subject to change without prior notice, and Arrowhead Tactical Apparel reserves the right to revoke any offer to correct any errors, inaccuracies, or omissions.
Arrowhead Tactical Apparel wants you to be satisfied with your purchases from this Website. If you wish to return a product, please review our Online Return Policy, which is incorporated herein by reference.
Website Ownership and Content
The Website contains materials including, but not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Arrowhead Tactical Apparel, its licensors, licensees or other third parties (collectively the “Content”). The Website and the Content are owned, licensed, or controlled by Arrowhead Tactical Apparel, its licensors, and certain other third parties, and all right, title, interest in and to the Content and the Website are the property of Arrowhead Tactical Apparel, its licensors, or certain other third parties and are protected by United States and international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. By using the Website, you will not obtain any ownership or intellectual property or other interest in any item or content on the Website. Subject to your agreement and compliance with this Agreement, Arrowhead Tactical Apparel grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Content on the Website for your own personal, non-commercial use only. You agree that Arrowhead Tactical Apparel may immediately and, without notice to you, suspend or terminate the availability of the Website, its Content, or the Products without any liability to you or any third party.
User-Generated Content
By submitting or posting any materials or content on the Site (“User-Generated Content”), you grant to Arrowhead Tactical Apparel a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You hereby represent, warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party, and you have full right to grant Arrowhead Tactical Apparel the license specified above. Arrowhead Tactical Apparel shall be entitled to use any User-Generated Content without incurring obligations of confidentiality, attribution or compensation to you.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. Arrowhead Tactical Apparel DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE WEBSITE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL Arrowhead Tactical Apparel OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM, CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE RETURN POLICY, THE SHIPPING POLICY, THE PRODUCTS, OR YOUR USE OF THE WEBSITE OR ANY PRODUCTS. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY DOES NOT APPLY IN NEW JERSEY.
Dispute Resolution by Binding Arbitration and Class Action Waiver
Any dispute relating in any way to your visit to, or use of, the Website, the Products, or any purchase or otherwise related to this Agreement (“Disputes”) shall be submitted to confidential arbitration in Atlanta, Georgia, USA and shall be governed exclusively by the laws of the State of Georgia, excluding its conflict of law provisions. If a Dispute arises under this Agreement, you agree to contact us at info@Arrowheadtacticalapparel.com (email). Before formally submitting a Dispute to arbitration, you and Arrowhead Tactical Apparel may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or Arrowhead Tactical Apparel may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. Arrowhead Tactical Apparel will pay all of the filing costs. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Georgia: (i) any dispute, controversy, or claim relating to or contesting the validity of Arrowhead Tactical Apparel’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by Arrowhead Tactical Apparel against a non-consumer; or (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the date that you purchase a product or provide information to the website to opt-out of this arbitration agreement. To opt out of arbitration you must contact us in writing at info@Arrowheadtacticalapparel.com (email). If more than thirty (30) days have passed from the date that you purchase a product, you are not eligible to opt out of arbitration with respect to claims relating to that product. If more than thirty (30) days have passed from the date that you provide information to the website, you are not eligible to opt out of arbitration with respect to claims relating to the website.
ATA-LIST MEMBERSHIP PROGRAM
Arrowhead Tactical Apparel offers members the opportunity to participate in its monthly membership program (the “ATA-List”). To become an ATA-List Member, you must checkout as a VIP member when making a purchase on this Site or through an applicable Service. As an ATA-List Member, you will receive emails, newsletters, special offers and other updates to maximize your shopping experience. As a valued ATA-List Member, you will enjoy numerous perks and benefits such as exclusive Member-only pricing, dedicated promotions, free shipping within the contiguous 48 states and Washington, D.C., and free returns and exchanges within 14 days of delivery. You may cancel your ATA-List Membership by contacting our customer service representatives at memberships@theatalist.com, pursuant to select restrictions.
By signing up for the Membership and taking advantage of the VIP Member Pricing, the Member agrees to these binding conditions.
HOW ATA-LIST MEMBERSHIP WORKS
Upon enrollment in the ATA-List Membership Program, you will receive a welcome email detailing how to access the benefits unlocked through your membership. Membership is managed on a rolling 28, 30, or 31 day basis depending on the length of the current month. Memberships do not accrue promotional member credits or transferrable value of any sort aside from access to the exclusive Member Perks detailed below.
ATA-List Members may not “skip” months, though the membership may be cancelled at any time outside of the defined window for use of Member Perks. Memberships may be restarted via a purchase through the Arrowhead online store. Repeated cancellations may be subject to permanent bans.
You may cancel your ATA-List Membership at any time after 31 days has passed since your last use of a Member Perk. For example, a Member who signed up on August 1st may cancel beginning on September 1st of the same year, or any time after that date unless they use another Member Perk, at which point the cool down resets. If you wish to cancel your membership, simply contact our customer service representatives at memberships@theatalist.com. When a Membership is cancelled, the Member’s Perks will continue for 31 days past the end of their last billed date, excluding the Member Perk of Free Returns which is only extended to current, active Members. All Membership charges are non-refundable and subject to applicable state and local tax laws. Please be advised that your Membership may only be canceled by the registered ATA-List Member or the holder of the valid credit card or payment method on file related to your Membership. Arrowhead reserves the right to terminate membership at any time at the company’s sole discretion. Cancelled memberships will not incur membership fees for the subsequent and all following calendar months.
ATA-LIST MEMBER PERKS - VIP PRICING
As an ATA-List Member, you have access to Perks such as 25% off retail MSRP pricing on many items, free standard shipping, and free returns and exchanges within 14 days of delivery. Free shipping is only available for orders placed with destinations that are within the contiguous 48 states and Washington, D.C. All returns and exchanges must abide by Arrowhead’s policy for “new condition” items. Review Arrowhead’s Online Return Policy for all details.
The monthly $9.99 Membership fee charge also unlocks additional Member Perk, with benefits including exclusive or early access to select new product launches. You will also receive emails, newsletters, special offers and other updates to maximize your shopping experience. Arrowhead reserves the right to add, remove, or modify Membership benefits related to the monthly Membership charge.
VIP Pricing is not available for all items. VIP Pricing is not available for any non-Members, by website error or intentional misuse. Customers who receive VIP pricing without an active Membership will be subject to order cancellation.
Policy for Free Gifts
Any free gifts offered by the company may only be claimed at the time they are offered. Failure to claim a gift by adding it to cart and checking out with the gift in your order voids all right to said gift. Free gifts may not be added to orders after they are placed. Free gifts cannot be returned nor exchanged, and they carry no warranty.
Links to Third Party Websites
The Website may include links to third-party websites, such as links from advertisers, sponsors, content partners, and third parties. The inclusion of any link on the Website does not imply our endorsement of it, and Arrowhead Tactical Apparel expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites.
Privacy
You understand, acknowledge, and agree that the operation of certain portions of this Website or the receipt of certain information, such as registering or creating an account on this Website, requires the submission, use, and dissemination of certain personally identifiable information. Please note that by providing your mobile phone number to the Website, you are providing Arrowhead Tactical Apparel your electronic signature expressly consenting to be contacted by telephone (including by automated dialing systems, prerecorded messages, SMS and MMS) at the number provided, even if the number you provide is on a corporate, state, or national Do Not Call list. You understand that your consent is not required to make a purchase. For a summary of Arrowhead Tactical Apparel’s information collection and use, please see Arrowhead Tactical Apparel’s Privacy Policy, which is incorporated herein by reference.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Arrowhead Tactical Apparel to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY Arrowhead Tactical Apparel. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means.
Sales Tax
Arrowhead Tactical Apparel honors each state's guidelines concerning sales and use tax, determined by the destination address of your shipment. As you proceed through checkout and confirm your shipping details, any applicable taxes will be calculated on your total merchandise value. Additionally, order totals at checkout reflect estimated tax. The actual charge to your payment method will reflect all applicable state, local and county taxes and will be calculated once your order is shipped.
Miscellaneous
This Agreement constitutes the entire agreement between you and Arrowhead Tactical Apparel and supersedes any prior version of this Agreement and Arrowhead Tactical Apparel. If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this Agreement.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND
CONDITIONS
Arrowhead Tactical Apparel LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages
by affirmatively opting into the Program, such as through online or
application-based enrollment forms. Regardless of the opt-in method you utilized
to join the Program, you agree that this Agreement applies to your participation in
the Program. By participating in the Program, you agree to receive autodialed or
prerecorded marketing mobile messages at the phone number associated with
your opt-in, and you understand that consent is not required to make any
purchase from Us. While you consent to receive messages sent using an
autodialer, the foregoing shall not be interpreted to suggest or imply that any or
all of Our mobile messages are sent using an automatic telephone dialing system
(“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no
longer agree to this Agreement, you agree to reply STOP, END, CANCEL,
UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of
the Program. You may receive an additional mobile message confirming your
decision to opt out. You understand and agree that the foregoing options are the
only reasonable methods of opting out. You also understand and agree that any
other method of opting out, including, but not limited to, texting words other than
those set forth above or verbally requesting one of our employees to remove you
from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile
telephone number that has been used to subscribe to the Program, including
canceling your service plan or selling or transferring the phone number to
another party, you agree that you will complete the User Opt Out process set
forth above prior to ending your use of the mobile telephone number. You
understand and agree that your agreement to do so is a material part of these
terms and conditions. You further agree that, if you discontinue the use of
your mobile telephone number without notifying Us of such change, you
agree that you will be responsible for all costs (including attorneys’ fees)
and liabilities incurred by Us, or any party that assists in the delivery of the
mobile messages, as a result of claims brought by individual(s) who are
later assigned that mobile telephone number. This duty and agreement shall
survive any cancellation or termination of your agreement to participate in any of
our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US
HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR
FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE
PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE
TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR
SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS
PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO
CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt
into the Program can expect to receive messages concerning the marketing and
sale of apparel, accessories, bags, training, educational resources, and other personal effects.
Cost and Frequency: Message and data rates may apply. The Program
involves recurring mobile messages, and additional mobile messages may be
sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to
the number you received messages from or email us at info@arrowheadtacticalapparel.com. Please note that the use of this
email address is not an acceptable method of opting out of the program. Opt
outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if
your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and
may not be available in all areas at all times and may not continue to work in the
event of product, software, coverage or other changes made by your wireless
carrier. We will not be liable for any delays or failures in the receipt of any mobile
messages connected with this Program. Delivery of mobile messages is subject
to effective transmission from your wireless service provider/network operator
and is outside of Our control. T-Mobile is not liable for delayed or undelivered
mobile messages.
Participant Requirements: You must have a wireless device of your own,
capable of two-way messaging, be using a participating wireless carrier, and be a
wireless service subscriber with text messaging service. Not all cellular phone
providers carry the necessary service to participate. Check your phone
capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under
thirteen (13) years of age. If you use or engage with the Platform and are
between the ages of thirteen (13) and eighteen (18) years of age, you must have
your parent’s or legal guardian’s permission to do so. By using or engaging with
the Platform, you acknowledge and agree that you are not under the age of
thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and
have your parent’s or legal guardian’s permission to use or engage with the
Platform, or are of adult age in your jurisdiction. By using or engaging with the
Platform, you also acknowledge and agree that you are permitted by your
jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited
content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing,
or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness,
violence, bigotry, hatred, and discrimination on the basis of race, sex, religion,
nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other
harmful code;
- Any product, service, or promotion that is unlawful where such product,
service, or promotion thereof is received;
- Any content that implicates and/or references personal health information
that is protected by the Health Insurance Portability and Accountability Act
(“HIPAA”) or the Health Information Technology for Economic and Clinical Health
Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction
from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy
between you and Us, or between you and 317 LABS, INC. or any other
third-party service provider acting on Our behalf to transmit the mobile messages
within the scope of the Program, arising out of or relating to federal or state
statutory claims, common law claims, this Agreement, or the breach, termination,
enforcement, interpretation or validity thereof, including the determination of the
scope or applicability of this agreement to arbitrate, such dispute, claim, or
controversy will be, to the fullest extent permitted by law, determined by
arbitration in Brentwood, TN, before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with
the Commercial Arbitration Rules of the American Arbitration Association (“AAA”)
then in effect. Except as otherwise provided herein, the arbitrator shall apply the
substantive laws of the Federal Judicial Circuit in which Arrowhead's principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary
rights, power, and authority to agree to these Terms and perform your obligations
hereunder, and nothing contained in this Agreement or in the performance of
such obligations will place you in breach of any other contract or obligation. The
failure of either party to exercise in any respect any right provided for herein will
not be deemed a waiver of any further rights hereunder. If any provision of this
Agreement is found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect and enforceable. Any new features,
changes, updates or improvements of the Program shall be subject to this
Agreement unless explicitly stated otherwise in writing. We reserve the right to
change this Agreement from time to time. Any updates to this Agreement shall be
communicated to you. You acknowledge your responsibility to review this
Agreement from time to time and to be aware of any such changes. By
continuing to participate in the Program after any such changes, you accept this
Agreement, as modified.
Contact Us – If you have any questions about these Terms of Use, the Products, or the Website, contact us via the Online Request Form.