Terms of service

 

INTRODUCTION

Welcome to the KT8 internet sites. In these terms and conditions, “KT8” “we” “us” or “our” refers to Kill The 8 Merch Co., KT8 Merch Co., Kill the 8 Print Co., KT8 Touring Limited, and their respective subsidiaries, affiliates, related companies and third party contractors. These Terms and Conditions apply to all KT8 internet sites which reference these Terms and Conditions, including without limitation: the KT8 website Of The Trees, online stores, blogs and social accounts, and interfaces through applications and other online services, products and features we may make available, whether accessed via computer, mobile device, smart TV or otherwise (collectively the “Sites”). By using the Sites, or any of the products, features or services available on or through the Site (collectively the “Services”), you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Site or Service (collectively, the “Terms and Conditions”). If you do not agree with these Terms and Conditions, you are not permitted to use the Sites or Services.

PRIVACY & USE OF COOKIES

Please consult our Privacy Policy for information on how KT8 collects, uses and discloses cookies and other user information.

REGISTRATION, ACCOUNTS AND PASSWORDS

Certain Services made available on the Sites may require registration or subscription. Should you choose to proceed with the registration or subscription process, you agree to provide accurate and current information about yourself, and to update such information to ensure it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned one as a result of any registration or subscription on the Sites, and (b) all activities that occur through such account. You agree to notify us of any unauthorized use of your password or account. We are not responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

RESTRICTIONS ON USE OF MATERIALS

The Sites and each of their entire contents, features and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, musical works, performances, design, presentation, selection and arrangement (the “Content”) and the Services are owned by KT8 and/or its licensors, and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

KT8 grants you a limited non-exclusive, non-transferable, revocable license, to the extent possible, to use and display on your computer or other electronic access device the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content or any copyright and other proprietary notices in relation to such Content. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, publicly display, broadcast or otherwise make available any of the Content obtained through the Site or Services, including without limitation, by caching, data scraping, framing or similar means, without the prior written consent of KT8 and any other copyright owner of such Content. 

If you print off, copy or download any part of the Sites in breach of these Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Sites or to any content on the Sites, and all rights not expressly granted are reserved by KT8. Any use of the Sites not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.

TRADEMARKS

KT8 and all associated designs and logos are trademarks of KT8. All other product, brand and company names and logos used or mentioned on the Sites or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on the Sites or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.

USER CONDUCT

We want people to respect the safety and well-being of others while using the Sites. In consideration of the availability and your use of the Sites and the Services, you agree to comply with all applicable laws and regulations and these Terms and Conditions. You acknowledge that KT8 may investigate any violations of law and may cooperate with law enforcement in this regard.

In using the Sites and Services, you agree not to:

  • Post, transmit, link to, or otherwise distribute/share any materials, information or content constituting, advocating or encouraging conduct that is unlawful, misleading, discriminatory or fraudulent;
  • Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to their intellectual property, privacy and publicity;
  • Post, transmit, link to, or otherwise distribute any defamatory, infringing, obscene, indecent or unlawful material or information;
  • Post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
  • Access or collect data from our Sites using automated means (without our prior permission) or attempt to access data you do not have permission to access;
  • Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, commercial activities or sales, including without limitation any spam, sales promotions, barter, or advertising or any other similar solicitation; or
  • Impersonate or attempt to impersonate KT8, KT8 staff, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

We can remove or restrict access to content that is in violation of these provisions.

We encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.

RESPONSIBILITY FOR MINORS

In cases where, as a parent or legal guardian, you have authorized a minor to use the Sites or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Sites or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Sites may contain material that is inappropriate for minors.

CONTENT SUBMISSION

You own the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on the Sites and Services you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.

However, to provide our services we need you to give us some legal permissions to use this content.

Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Sites, you automatically grant (or warrant that the owner of such material expressly grants) us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, and worldwide right and license to host, use, broadcast, televise, exploit, communicate, distribute, modify, adapt, run, copy, transmit, publicly perform or display, translate, and create compilations and derivative works of your content. This means, for example, that if you share a photo on the Sites, you give us permission to store, copy, and share it with others. Such license shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all “moral rights” in such materials submitted by you have been waived in favour of KT8 and that you own or have the right to use the intellectual property contained therein.

If you are a minor, you must have permission from your parent or legal guardian to upload any materials to our Sites. In the event that material is uploaded without permission, all uploaded material will be removed immediately and without notice to you. 

We cannot be responsible for the content or accuracy of any information provided by other users on the Sites. When using the Sites, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the Sites. Your use of the Sites for commercial purposes of any kind is strictly prohibited. Please note that KT8 reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.

DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT KT8 MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS ("WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, AND (B) KT8 SPECIFICALLY MAKES NO WARRANTIES THAT THE SITES OR SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SITES OR SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

MONITORING

You acknowledge that KT8 has no obligation to monitor the Sites or any content accessible through the Sites or Services. However, you agree that KT8 has the right to monitor the Sites electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Sites or Services properly, or to protect itself or its users in accordance with the Privacy Policy.

MODIFICATIONS

KT8 reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on the Sites. Please check these Terms and Conditions regularly for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of the Sites and any of the Services immediately. Your continued use of the Sites or Services after any such changes are posted will constitute acceptance of those changes. Further, KT8 reserves the right to change, modify, suspend or discontinue any aspect of the Sites, Services or Content from time to time without notice or liability and for any reason whatsoever.

DOWNLOADS AND SHAREWARE

Certain sites allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the “Software”). Software may be made available to you by KT8 or third parties through the Sites subject to the terms and conditions made available to you during the software installation process. In such case, you agree that the Software is licensed to you by KT8 or third parties for your personal and non-commercial use only provided that you do not modify the Software or any copyright and other proprietary notices and that KT8 or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the terms and conditions of the Software, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that KT8, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.   

If you download or use our software, you give us permission to download and install updates to the software where available.

CONTENT LINKED TO A KT8 SITE

Please exercise discretion while browsing the internet. Please note that certain links on the Sites may take you to other websites. KT8 provides these links only as a convenience and not as an endorsement by KT8. These linked sites are not necessarily under the control of KT8. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. KT8 is not responsible for the content of any such linked sites or any other web page which is not part of the Sites and under KT8' control. Unless otherwise expressly provided, KT8 makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that KT8 will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Sites.

DEALINGS WITH THIRD PARTIES

You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Site or Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely between you and such third parties. KT8 assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that KT8 shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

COPYRIGHT NOTICE

If you believe any materials accessible on or from the Sites infringes your copyright, you may request removal of those materials (or access to them) by submitting written notification to us with: (a) your physical or electronic signature, (b) identification of the copyrighted work you believe to have been infringed, (c) identification of the material you believe to be infringing in enough detail to locate it, (d) your name and contact information, (e) 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, (f) a statement that the information in the written notice is accurate, and (g) a statement that you are authorized to act on behalf of the copyright owner.

Copyright notices may be sent to info@killthe8.com.

Please be aware that if you knowingly materially misrepresent that any material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and legal fees, disbursements and charges).

INDEMNIFICATION

You agree to defend, indemnify and hold harmless each of KT8, its licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Sites, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of the Sites, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the Sites or Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL KT8, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER KT8 HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF KT8 SITES, (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO KT8 SITES OR SERVICES. 

You expressly acknowledge that KT8 has entered into this agreement, and has and will make the Sites, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and KT8. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

GOVERNING LAW/JURISDICTIONAL ISSUES

All Sites and Services are controlled, operated and administered by KT8 from its offices within Canada. KT8 makes no representation or warranty that the Sites or Services are appropriate or available for use at any locations outside Canada. If you access the Sites from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through the Sites in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

ARBITRATION AND ACTIONS

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any Site or Service or the relationship which results from these Terms and Conditions, including, without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

TERMINATION

You acknowledge and agree that KT8, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the Sites or Services, and remove and discard any information or content related to the Sites or Services (and your use thereof), for any reason, including where KT8 believes that you have violated any of these Terms and Conditions. You further agree that KT8 shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Sites or Services or with any terms, conditions, rules, policies, guidelines, or practices of KT8 in operating the Sites or Services, your sole and exclusive remedy is to discontinue using the Sites or Services.

SUBMISSION OF IDEAS AND/OR SUGGESTIONS

KT8 is always improving its websites and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO KT8 BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO KT8, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO KT8 THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT KT8 IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY KT8, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

GENERAL PROVISIONS

This agreement is personal to you, and you may not assign your rights or obligations to anyone. The Privacy Policy, these Terms and Conditions and any other documents governing the use of the Sites constitute the only agreement between KT8 and you pertaining to your use of the Sites, Services and Content and supercede any prior agreements between you and KT8 with respect to the subject matter hereof. KT8's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating there to be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Kt8 Merch Co. (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.

1. 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 auto-dialed 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. Message frequency varies.

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

3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of artist merchandise and apparel. Messages may include checkout reminders.

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

5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at customersupport@kt8merch.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.

6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

7. 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. Carriers are not liable for delayed or undelivered mobile messages.

8. 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 a text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.

9. Age Restriction: You may not use or 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.

10. 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.

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, 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 {Company’s City, State} 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 Kt8 Merch Co.'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 THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

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

12. State Law:

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

Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.

Oklahoma: We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to Program, the area code for the phone number used to opt-into the Program is an Oklahoma area code. You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by sending written notice to Us. Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.

13. 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.