You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the Southern District of California. You can review the most current version of these Terms at any time on this page. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. You acknowledge and agree that you may only purchase products from us solely for your own personal, non-commercial use. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys fees). 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. You may not purchase any products or use any of our Services to further distribution or resale or for any other commercial or business purposes. This can occur if the person you referred canceled their order. On a playdate? Share your unique referral link with a friend (via email, Facebook, Messenger, WhatsApp, or by copying your unique link). We reserve the right to refuse any order you place with us. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. Any use by you of optional tools offered through the Websites are entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). New reversible zippers are perfect for late-night changes and the ease of not undressing your peanut. Message and data rates may apply. To initiate arbitration, you Posh Peanut must do the following: Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. 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. Write a demand for Arbitration. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. You can find a copy of a "Demand for Arbitration" at www.jamsadr.com; Send three copies of the "Demand for Arbitration", plus the appropriate filing fee to your local JAMS office or to JAMS, 555 West 5. Pending points will be canceled and deducted from your account. We cannot guarantee that your computer monitor's display of any color will be accurate. 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. 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. Mix and match with your favorite solids. The parties agree that the arbitrator shall have the authority to award attorneys fees only to the extent expressly authorized by statute or contract. ARBITRATION PROCEDURES:The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Consent to receive automated marketing text messages is not a condition of any purchase. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Giveaway should viruses, bugs or other causes beyond Sponsors control corrupts the administration, security or proper play of the Giveaway, or for any reason that Sponsor believes in good faith would be fair to the entrants and the conduct of the Giveaway. 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. 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 parents or legal guardians permission to use or engage with the Platform, or are of adult age in your jurisdiction. However, you will forfeit your reward. Sign up to receive updates, access to exclusive deals, new product launches & more! These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. However, you can use your rewards on already marked-down items in the sale section. To remind you to celebrate your every day through high-quality, beautifully designed and thoughtfully produced pieces for the whole family. Credit card information is always encrypted during transfer over networks. Certain products or Services may be available exclusively online through the Websites. In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC 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 Glendale, CA before one arbitrator. How to Enter: No purchase is necessary to participate in the Giveaway and a purchase does not increase the chances of winning. We are committed to providing quality, functional comfort in un-compromised signature designs for your family. Malibu Barbie Floral Women's Sleeveless Short Loungewear, Malibu Barbie Floral Women's Relaxed Pant Luxe Loungewear, Malibu Barbie Floral Footie Ruffled Zippered One Piece, Malibu Barbie Floral Ruffled Cap Sleeve Romper, Malibu Barbie Floral Ruffled Cap Sleeve Bubble Romper, Malibu Barbie Floral Cap Sleeve Ruffled Bodysuit Dress, Malibu Barbie Floral Ruffled Cap Sleeve Peplum Ruffled Bummie Set, Malibu Barbie Floral Short Sleeve Pajamas, Malibu Barbie Floral Sleeveless Smocked Jumpsuit, Malibu Barbie Floral Ruffled Cap Sleeve Loose Fit Shirt. We may also, in the future, offer new services and/or features through the Websites (including, the release of new tools and resources). When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. Remember, to redeem a $10 reward, you must have 1000 points available and meet the minimum purchase amount. No. Posh Peanut offers a whimsical array of colors in luxe bamboo, hand created every season from the imagination of old world charm in modern trends. However, coupon deals or sites are not allowed. Pre-washed but we suggest to be tried on before washing. You understand that your content (not including credit card information), may be transferred without encryption and involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. CHOICE OF LAW/FORUM SELECTION:In any circumstances where this Section 18 (Agreement to Arbitrate Disputes and Choice of Law) permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. 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. NO PURCHASE IS NECESSARY TO ENTER OR WIN. Msg & Data rates may apply. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. By accessing or using any part of our Websites, you agree to be bound by these Terms. If traveling to Los Angeles, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. The award of the arbitrator is final and binding upon you and us. Points take 21 days to be verified. ", "My bestie just gave birth to her second child and says she cant live without this robe and the marching swaddle blanket. We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any partys intellectual property or these Terms. 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). Historical information, necessarily, is not current and is provided for your reference only. We cannot guarantee that your computer monitor's display of any color will be accurate. There is a limit of one (1) account per individual and you may only establish an account if you are 18 years of age or over. These products or services may have limited quantities and are subject to returns only according to our Return Policy. 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. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. Sign up to receive updates, access to exclusive deals, new product launches & more! We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 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. By entering or accepting a prize in the Giveaway, winner agrees to be bound by these Official Giveaway Rules and to conform to all federal, state and local laws and regulations. PLEASE READ THIS SECTION CAREFULLY IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. Winner may be required to furnish proof of identity, address and birthdate in order to receive the Prize. (b) After a case is filed with JAMS, but before the arbitrator is formally appointed to the case by the JAMS, a party can send a written notice to the opposing party and the JAMS that it wants the case decided by a small claims court. We are committed to providing quality, functional comfort in un-compromised signature designs for your family. Such new features and/or services shall also be subject to these Terms. Winning a prize is contingent upon fulfilling all requirements set forth herein. We reserve the right to modify the contents of the Websites at any time, but we have no obligation to update any information on the Websites. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Carriers are not liable for delayed or undelivered mobile messages. Join the group, share your stories, chat with other mamas about their pregnancy journey's, show off what you score during each weeks launch & more! In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Websites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. The Prize holds no cash value, is not transferable and no substitution is permitted, other than in the sole discretion of the Sponsor. ): This means your points have not passed our pending stage. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Notice to Online Entrants: Any attempt by an individual to deliberately damage any website of Sponsor or undermine the legitimate operation of this Giveaway could be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such individual to the fullest extent permitted by law. ", To remind you to celebrate your every day through high-quality, beautifully. Pending (Almost There): Your points are pending, and we are verifying your points. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. All activities that occur under your account or password shall be your responsibility. Any entries that are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Sponsor. It is your responsibility to check this page periodically for changes, modifications, amendments, etc. 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. By visiting the Websites, using any function on the Websites (e.g. Some of the products and Services available through or in connection with our Websites require you to register for an account. Delivery/nursing maternity robes will make your visit during and after the hospital comfortable and stylish. Opt outs must be submitted in accordance with the procedures set forth above. You agree to indemnify, defend and hold harmless Posh Peanut and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. Posh Peanut offers a whimsical array of colors in luxe bamboo, hand created every season from the imagination of old world charm in modern trends. If you do not agree to all of these Terms, then you may not access or use the Websites or any services therein. You can return your eligible items within 30-days of the order date if applicable to our return policy. We are committed to providing quality, functional comfort in un-compromised signature designs for your family. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE. We are committed to providing quality, functional comfort in un-compromised signature designs for your family. * Max redemptions per purchase = 4 referrals ($40) *. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. The Sponsor reserves the right to verify the eligibility of winners. Send one copy of the "Demand for Arbitration" to the other party. 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). Entries generated by script, macro or other automated means are void. Any federal, state, local and/or any other tax liabilities of the participant arising as a result of entry into this Giveaway (including as a result of the receipt of the Prize) shall be the sole responsibility of the participant. In no case shall Posh Peanut, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Posh Peanut offers the Websites, including all information, tools and services available from the Websites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. 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. Stay stylish and comfortable every day. OPT-OUT OF AGREEMENT TO ARBITRATE:You can decline this agreement to arbitrate by emailing us at legal@puravidabracelets.com and providing the requested information as follows: (1) your name; (2) the URL of these Terms of Sale; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt out of this arbitration provision in these Terms. Although users of all ages are welcome to browse the Website, the Website is not intended to be used by children under the age of 13 and children under the age of 13 are not to submit any personally identifying information through the Website. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdictions Applicable Law to use and/or engage with the Platform. We are committed to providing quality, functional comfort in un-compromised signature designs for your family. 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. 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. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Ultra-soft long sleeve pajama set in our signature Sailor Blue design. This is the place to be! Rewards cannot be combined with other discounts or offers. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. The Websites may contain certain historical information. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You acknowledge and agree that we provide access to such tools as is and as available without any warranties, representations or conditions of any kind and without any endorsement. Posh Peanut Mobile Message Marketing Program Terms & Conditions. You expressly agree that your use of, or inability to use, the service is at your sole risk. Signature mommy robes made to match our swaddles. Posh Peanut offers a whimsical array of colors in luxe bamboo, hand created every season from the imagination of old world charm in modern trends. Bamboo one-piece footie coverall with reversible zipper opening. Submissions to, and use of, the Websites are made available only to persons over the age of 13 and to persons who can form legally binding agreements under applicable law. You can view our Privacy Policy herehttps://poshpeanut.com/pages/privacy-policy, SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS. Signature Posh Peanut Footie grips, elastic backing on footies for a snug fit and fold-over mittens in sizes NB and 0-3M. 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). Any offer for any product or Service made on the Websites is void where prohibited. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Any person attempting to defraud or in any way tamper with this Giveaway will be ineligible for the Prize and may be prosecuted to the full extent of the law. Questions about these Terms should be sent to us at help@poshpeanut.com, For general questions, feel free to email us at info@poshpeanut.com. 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. To earn rewards to use towards future PoshPeanut.com purchases, just: Message and data rates may apply. We reserve the right to refuse service to anyone for any reason at any time. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. You can also use your rewards on any item on our website, including items in the sale section. "I have loved every piece of baby clothing I have ordered from Posh Peanut and this adorable romper is absolutely precious! Eligibility: The Giveaway is only open to legal residents of the United States who are at least 18 years of age at the time of entry. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Websites and Services, use of the Websites and Services, or access to the Website and/or Services or any contact on the Websites through which any Services are provided, without our express written permission. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Websites. This website is provided by Posh Peanut. Stylish and feminine our robes are lightweight and breathable. Get Creative where you share your referral link. Sign up to receive updates, access to exclusive deals, new product launches & more! Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Posh Peanut INCs principle place of business is located, without regard to its conflict of laws rules. 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. Releasees do not make any, and hereby disclaims any and all, representations or warranties of any kind regarding any prize. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. Made from our coveted lux viscose from bamboo for extra comfort and all-day wear! Posh Peanut offers a whimsical array of colors in luxe bamboo, hand created every season from the imagination of old world charm in modern trends. Tenni long sleeve romper with ruffle detail on the back. 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 parents or legal guardians permission to do so. You also understand and agree that the foregoing options are the only reasonable methods of opting out. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. These Terms and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Yes. For any further questions, concerns, or feedback, please contact us at help@poshpeanut.com or head over to our website and chat with a live agent. Don't comprise style for comfort! These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. The $500 Posh Peanut Gift Card Giveaway (the Giveaway) is sponsored by Posh Peanut Inc (the Sponsor) having an address of 4300 San Fernando Road Glendale, CA 91204. (c) After the arbitrator is appointed, if a party wants to take the case to small claims court and notifies the opposing party and the JAMS, it is up to the arbitrator to determine if the case should be decided in arbitration or if the arbitration case should be closed and the dispute decided in small claims court. Prize: At the end of the Entry Period, there will be one (1) drawing in which one (1) potential winner shall be randomly selected from all eligible entries received during the Entry Period by employees or representatives of the Sponsor to receive the Prize: a $500 Posh Peanut Gift Card. To enter, you must subscribe and agree to receive Email &/or SMS promotional and automated marketing messages from Posh Peanut Inc between 12:00 am PDT on August 12, 2021 and 11:59pm PDT on August 15, 2021 (the Entry Period). There are three stages you may see your rewards in: * Your rewards can not be combined with any other offers / promotions * 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. - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent. Posh Peanut INC (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). Any updates to this Agreement shall be communicated to you. SMALL CLAIMS OPTION:You and Posh Peanut agree that if a claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration as follows: (a) The parties may take their claims to small claims court without first filing with the JAMS.
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