Terms of service

TERMS AND CONDITIONS OF USE

 

1. OWNERSHIP OF SUBMITTED MATERIALS.

Except as expressly prohibited by applicable law, all photographs, digital images, documents and materials submitted to Jawzrsize™ LLC (“Jawzrsize™”) for any purpose, including, but not limited to, Jawzrsize™ contests and events, are the sole property of Jawzrsize™ upon transmission by the person or entity submitting the image(s); and that person or entity expressly waives any and all objections to the use or republication by Jawzrsize™ of any such images for marketing purposes, promotional purposes, and/or display on any of its online platforms, physical catalogs and advertisements, or any other legal purpose.


2. ASSUMPTION OF RISK OF USE.

a. All Jawzrsize™ mouthpieces and other products (“Jawzrsize™ Products”)
offered and sold through Jawzrsize™-owned and affiliated websites, catalogs,
stores and showrooms (“Jawzrsize™ Platforms”) are not intended for medical
use, have not been medically tested and are not subject to any government
regulation or approval.
b. Jawzrsize™ makes no medical claims about the safety of or risks involved in
the use of Jawzrsize™ Products.
c. As with any product intended for use in or about the facial area or fitness-
related products, the improper use of Jawzrsize™ Products can result in harm,
including physical injury, disability or death to the user. All purchasers and
other users of Jawzrsize™ Products expressly assume all risk of personal
injury of any kind arising out of their use. Jawzrsize™ cannot and will not be
responsible for the misuse or unauthorized and improper use of products sold
through its websites, catalogs, or otherwise, including but not limited to its
retail showroom.
d. Because Jawzrsize™ Products are intended for use in or about the mouth and facial area, all Jawzrsize™ Products should be safely stored in their custom cases or sealed containers away from infants, small children and pets.


3. SANITARY INFORMATION AND COVID-19 SAFETY PROTOCOLS.

a. All Jawzrsize™ Product users should practice CDC-recommended hand
hygiene before and after using Jawzrsize™ mouthpieces or other Jawzrsize™
Products in or about the mouth. Hands should be washed with soap and water
for at least 20 seconds (or scrubbed with 60% alcohol-based hand sanitizer)
before and after use.
b. Before and after each use, Jawzrsize™ Products should be hand-washed with
warm water and organic, non-toxic soap and stored in sealed containers when not in use. Jawzrsize™ Products are not dishwasher safe. See additional cleaning instructions accompanying Jawzrsize™ Products.
c. To avoid transmission of COVID-19, germs and bacteria, mouthpieces and
other Jawzrsize™ Products should not be shared between users.
d. Visit cdc.gov/COVID19 for additional hygiene guidelines and transmission
prevention practices.


4. LIMITED WARRANTY.


a. Jawzrsize™ warrants only to the original purchaser of all Jawzrsize ™
mouthpieces and other Jawzrsize™ Products for a period of 60 days from
the date of the original purchase that the product will be free from defects
in material and workmanship which could cause damage or injury to the
purchaser’s healthy, firmly implanted, natural teeth when properly fitted
and used as recommended by the enclosed manufacturer’s instructions.
b. Except for the limited warranty set forth in the Terms and Conditions and
as otherwise required by applicable law, there are no other warranties,
express or implied, on any Jawzrsize™ Products, including, but not limited
to, warranties of merchantability or warranty of fitness for a particular
purpose; and Jawzrsize™ Product purchaser expressly waives all such other
warranties.
c. The resale, transfer, alteration, or destruction of any Jawzrsize™ Product
immediately, irrevocably and without notice void all warranties.


USE JAWZRSIZE™ PRODUCTS AT YOUR OWN RISK



5. LIMITATION OF LIABILITY.

Except to the extent applicable law may prohibit the limitation or exclusion of liability of special or consequential damages:

a. In no event shall Jawzrsize™'s liability exceed the purchase price of the products.
b. Jawzrsize™ shall not be liable for any special or consequential damages arising
out of or resulting from the use of any Jawzrsize™ Product sold through any Jawzrsize™ Platform.
c. Jawzrsize™s liability to the purchaser of any Jawzrsize™ Product purchased directly from Jawzrsize™ or an authorized Jawzrsize™ Products vendor is limited to repair or replacement of that product, provided the product is returned as directed by Jawzrsize™ or the vendor, postage prepaid, within the specified period of time.


6. ASSUMPTION OF RISK; RECOMMENDED PRECAUTIONS.

ALL JAWZRSIZE™ USERS USE JAWZRSIZE™ PRODUCTS AT THEIR OWN RISK.


a. Jawzrsize™ users must have attained the age of majority in their jurisdiction of residence or in the jurisdiction of use of Jawzrsize™ Products.
b. Jawzrsize™ Products are designed exclusively for the purpose of exercising facial muscles, and are not intended for any medical treatment, therapy, rehabilitation, or any other medical purpose whatsoever.
c. Jawzrsize™ makes no medical claims regarding (i) any medical, dental, or
orthodontal treatment, (ii) the cure of any medical, dental or orthodontal condition, (iii) the safety of use of Jawzrsize™ Products, and (iv) damage to user’s mouth, gums or teeth. Jawzrsize™ are not to be used as night guards, retainers or for any other orthodontal purpose. Jawzrsize™ Products are not intended to be used for any medical purposes whatsoever.
d. Jawzrsize™ strongly recommends new and beginning users of Jawzrsize™
Products consult a physician before performing exercises or commencing an
exercise program with Jawzrsize™ Products. It is the user’s sole responsibility to evaluate the user’s own medical and physical condition and independently determine whether to perform, use or adapt any of the representative exercise programs demonstrated on any Jawzrsize™ Platform.
e. Jawzrsize™ strongly recommends prospective users of Jawzrsize™ Products who have any prior or current neck problems, injuries or surgeries around the face, jaw and neck areas (including, for example, automobile injuries, sports injuries, facial surgeries, oral surgeries, orthodontal or dental surgeries) should obtain clearance from a physician before using Jawzrsize™ Products or beginning an exercise program with Jawzrsize™ Products.
f. CAUTION: If while using any Jawzrsize™ Product user experiences any
symptoms of weakness, unsteadiness, light-headedness or dizziness, chest pain or pressure, nausea, or shortness of breath, user should immediately stop the exercise until it is safe to resume. Users should contact a physician if any symptoms linger for more than two or three days.
g. It is normal to experience varying degrees of muscle soreness after exercising, after beginning a new exercise, or after advancing to a higher level of resistance or new mouthpiece.
h. Any exercise program may result in injury if not properly performed or
supervised.
i. By voluntarily undertaking any exercise you assume the risk of any resulting
injury.
Jawzrsize™ does not recommend using Jawzrsize™ when driving or operating
any kind of machinery.


USE JAWZRSIZE™ PRODUCTS AT YOUR OWN RISK



TERMS OF SERVICE


OVERVIEW


This website (sometimes referred to as the “Site”) is operated by Jawzrsize™.
Throughout the Site, the terms “we”, “us” and “our” refer to Jawzrsize™, and the term “User”, “purchaser” and “customer” refer to you, as the purchaser and intended user of one or more Jawzrsize™ Products.

Access to the Site, and all products, information, tools and services, offers and warranties on the Site, is offered to User expressly conditioned upon User’s acceptance of the Terms and Conditions of Use, and all other terms, conditions, policies and notices set forth in any of them.

By visiting the Site and/or purchasing Jawzrsize™ Products, User accepts our “Service” and agrees to be bound by the Terms and Conditions of Use, and all other terms, conditions, policies and notices set forth herein or included by reference and/or available by hyperlink (collectively, the “Terms of Service”, “Terms”). The Terms of Service apply to purchasers of Jawzrsize™ Products and all other users of the site and Products, including without limitation users who are browsers, vendors, customers, merchants or contributors of content.

Any new products, features or tools which are added to the retail pages of the Site (the “Site Store”) shall also be subject to the Terms of Service. User can review the most current version of the Terms of Service at any time on this page. Jawzrsize™ reserves the right to update, change or replace any part of the Terms of Service by posting updates and/or changes to the Site without prior notice. It is User’s responsibility to check this page periodically for changes to the Terms of Service. User’s continued use of or access to the Site following the posting of any changes constitutes User’s acceptance of all updates and changes.

User should read all Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, User agrees to be bound by the Terms of Service. If User does not agree to all the Terms of Service, then User will be deemed, for all purposes, to be an unauthorized user and, in the sole and absolute discretion of Jawzrsize™, may be denied access to the Site and/or prohibited from purchasing Jawzrsize™ Products or using any of the Site’s services.

As an authorized user, I confirm that I have read and understand the Terms of Service, and I accept the Terms of Service in its entirety, without exception.


1. SITE STORE TERMS


a. The Jawzrsize™ Site Store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform for Jawzrsize™ to sell our products and services to User and other customers. By agreeing to the Terms of Service, User also agrees to the terms, conditions and rules of Shopify.
b. By agreeing to the Terms of Service, User represents that (i) User has attained the age of majority in User’s state or province of residence, (ii) User expressly authorized any minor child over whom User has legal guardianship to use this site without restriction, and (iii) User assumes all responsibility and liability, if any, for the purchases and all other actions of such minor child on the Site.
c. User is strictly prohibited from using Jawzrsize™ Products, trademarks, or copyrighted materials or images without prior written authorization from Jawzrsize™; and the use of any of any of them for any unlawful purpose is absolutely prohibited.
d. In using the Service, User shall not violate any laws in the User’s jurisdiction or any Federal copyright, trademark and patent infringement laws.
e. User is strictly prohibited from transmitting to, across or upon the Site any worms, viruses, spam, any file or code of a destructive nature, or any messages deemed “hate speech” under Federal Law.
f. The willful violation of any of the Terms of Service may result in immediate
termination of User’s Services and a ban from the Jawzrsize™ Site and all related platforms, in the sole discretion of Jawzrsize™.


2. GENERAL CONDITIONS

a. Jawzrsize™ reserves the right to refuse access to the Site or Service to anyone,
for any reason, at any time.
b. User understands that content (excluding credit card, ACH, and banking
information, and other private information such as Social Security numbers) provided by User to Jawzrsize™ may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card, banking and financial information is always encrypted during transfer over networks.
c. User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or the Service, use of the Site or Service, access to the Site or Service, or any contact on the Site through which the Service is provided, without prior express written permission of Jawzrsize™.
d. All headings used in this agreement are included for convenience and facility of reference only, and will not limit or otherwise affect the Terms of Service.


3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


a. Jawzrsize™ is not responsible for the accuracy of information on the Site. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at User’s own risk. Nevertheless, upon reporting of any inaccurate, incomplete or obsolete information, Jawzrsize™ will use its best efforts to update or correct any such inaccurate, incomplete or obsolete information.
b. The Site may contain certain historical information. Historical information is not necessarily current and is provided for User’s reference only. Jawzrsize™ reserves the right to modify the contents of this Site at any time, but shall have no obligation to update any such information. User agrees that it is User’s responsibility to monitor any changes to the Site.


4. MODIFICATIONS TO THE SERVICE AND PRICES


a. Prices for Jawzrsize™ Products are subject to change without notice.
b. Jawzrsize™ reserves the right to, at any time and without notice, modify or
discontinue the Service (or any part or content thereof).
c. Jawzrsize™ shall not be liable to User or to any third-party for any
modification, price change, suspension or discontinuance of the Service.


5. PRODUCTS OR SERVICES


a. Certain Jawzrsize™ Products or Services may be available exclusively online
through the Site. Such products or services may be available in limited quantities only and are subject to return or exchange only pursuant to the Jawzrsize™ Return Policy.
b. Jawzrsize™ makes every effort to display as accurately as possible the colors and images of our products which appear in the Site Store. As computers and monitors vary in terms of picture quality, definition, tone, contrast, sharpness, warmth, refresh rate, and other factors, it may not be possible for User to view an accurate color representation of the Jawzrsize™ Products; and accordingly, Jawzrsize™ cannot guarantee that User will have an accurate representation of a product’s color before purchasing online based solely on the image displayed on User’s computer monitor.

c. Jawzrsize™: reserves the right, in its sole and absolute discretion, without prior notice, to: (i) limit the sale of Jawzrsize™ Products or Services to any person, geographic region or jurisdiction, and to make such determination on a case-by case basis; (ii) limit the quantities of any Jawzrsize™ Products or Services offered for sale to any or all customers and/or users; (iii) change the descriptions of any or all Jawzrsize™ Products at any time and from time to time; (iv) change the prices of any or all Jawzrsize™ Products at any time and from time to time; and (v) discontinue any Jawzrsize™ Product at any time. All Jawzrsize™ Products and Services are owned by Jawzrsize™; and any offer other than by Jawzrsize™ is void where prohibited.
d. Jawzrsize™ does not warrant that the quality of any Jawzrsize™ Products, Services, information or other material purchased or obtained by User will meet User’s expectations, or that any errors in the Service will be corrected; and the Limited Warranty set forth in Section 4 of the Terms and Conditions of Use attached hereto and incorporated herein by this reference is the sole warranty on all such products and services.
e. User shall be responsible for the payment of all taxes, fees, duties, shipping and delivery of all Jawzrsize™ Products purchased through the Site Store or from any other online vendor of Jawzrsize™ Products. The goods will be imported on behalf of the consignee/ebuyer. The consignee authorizes the (name of eTailer/supplier) to import the goods on his behalf. Further, the consignee/buyer agrees that (name of the eTailer/supplier) may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes & duties in addition with the purchase price of the goods.


6. ACCURACY OF BILLING AND ACCOUNT INFORMATION


a. Jawzrsize™ reserves the right to refuse any order User may place with us. Jawzrsize™ may, exercising sole and absolute discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders which use the same billing and/or shipping address. Should any order be changed or cancelled, Jawzrsize™ may attempt to notify User by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Jawzrsize™ reserves the right to limit or prohibit orders which, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors.
b. User agrees to provide current, complete and accurate purchase and account information for all purchases made on the Site Store. User agrees to promptly update User’s account and other information, including User’s email address and credit card numbers and expiration dates, so that we can complete User’s transactions and contact User as needed.
c. For more detail, please review the Jawzrsize™ Returns Policy.


7. OPTIONAL TOOLS


a. Jawzrsize™ may provide User with access to third-party tools which Jawzrsize™ does not monitor, over which it has no control and into which it has no input.
b. User acknowledges and agrees that Jawzrsize™ provide access to such tools ”as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. Jawzrsize™ shall have no liability whatsoever arising from or relating to User’s use of optional third-party tools.
c. Any use by User of optional tools offered through the Site is entirely at User’s own risk and discretion, and User should ensure that User is familiar with and approves of the terms on which tools are provided by one or more unrelated third party providers.
d. Jawzrsize™ may also, in the future, offer new services and/or features through the Site, including the release of new tools and resources. Such new features and/or services shall also be subject to the Terms of Service.


8. THIRD-PARTY LINKS


a. Certain content, products and services available through the Site and as part of the Service may include materials from third parties.
b. Third-party links on the Site may direct User to third-party websites which are un affiliated with Jawzrsize™. Jawzrsize™ is not responsible for examining or evaluating the content or accuracy, and does not warrant and shall have no liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties, even if available through a website reached through a link from the Site.
c. Jawzrsize™ is 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. User should review carefully all third parties’ policies and practices and make sure User understand them before User engages in any transaction with that party or on that website. Complaints, claims, concerns, or questions regarding third-party products should be directed to that party.


9. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


a. If, upon request by Jawzrsize™, User sends certain specific submissions (e.g., contest entries) or without a request from us User sends creative ideas, suggestions, feedback, endorsements, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), User agrees that Jawzrsize™ may, at any time, without restriction, obligation or remuneration to User, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments forwarded by User to Jawzrsize™. Jawzrsize™ is, and shall be, under no obligation to: (1) maintain any Comments in confidence; (2) pay User or any author compensation for any Comments; or (3) respond to any Comments.
b. Jawzrsize™ shall have the absolute right, but no obligation, to monitor, edit and remove content it determines in its sole and absolute discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, violative of any party’s intellectual property or the Terms of Service.
c. User agrees not to make any Comments which would tend to violate the rights of any right of Jawzrsize™ or any third-party, including, but not limited to, copyright, trademark, patent, privacy, personality or any other personal or proprietary rights. User further agrees that no such Comments will contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or the Service, or any related website. User shall not use a false e-mail address, appropriate the identity of another user, pretend to be anyone other than User, or otherwise mislead Jawzrsize™ or third-parties as to the origin of any Comments. User is solely responsible for all Comments User makes and their accuracy, effect and consequences. Jawzrsize™ takes no responsibility and assumes no liability for any Comments posted by User or any third-party.


10. PERSONAL INFORMATION

User’s submission of personal information through the Site Store is governed by the Jawzrsize™ Privacy Policy. To view our Privacy Policy, https://jawzrsize.com/pages/privacy-policy .

11. ERRORS, INACCURACIES AND OMISSIONS


a. Occasionally, information on the Site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. At any time (including after User has submitted an order) and without prior notice, Jawzrsize™ shall have the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site, in the Service or on any related website is inaccurate.
b. Except as may be otherwise required by law, Jawzrsize™ undertakes no obligation to update, amend or clarify information on the Site, in the Service or on any related website, including without limitation, pricing information. No specified update or refresh date applied on the Site, in the Service or on any related website, should be taken to indicate that all information on any of them has been modified or updated.


12. PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, User is prohibited from using the site 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 Site or Service or any related website, other websites, or on the Internet. We reserve the right to terminate User’s use of the Site and/or Service or any related website for violating any of the prohibited uses.


13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


a. Results vary from person to person. Jawzrsize™ does not guarantee, represent or warrant that User’s use of the Site or Service will be uninterrupted, timely, secure or error-free.
b. Jawzrsize™ does not warrant that the results which may be obtained from the use of the Site or Service will be accurate or reliable.
c. User agrees that from time to time Jawzrsize™ may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to User.
d. User expressly agree that User’s use of, or inability to use, the Service is at User’s sole risk. The Service and all Jawzrsize™ Products and Services delivered to User through the Service are (except as expressly provided to the contrary) sold and delivered to User “as is” and “as available”, and subject only to the limited warranty set forth in Section 4 of the Terms and Conditions of Use attached hereto and incorporated herein by this reference.
e. In no case shall Jawzrsize™, its 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 User’s use or misuse of any of the Site, the Service or any Jawzrsize™ Products procured using the Service, or for any other claim related in any way to User’s use of the Service or any Jawzrsize™ 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Jawzrsize™ arising out of any of the above shall be limited to the maximum extent permitted by applicable law.


14. INDEMNIFICATION


You agree to indemnify, defend and hold harmless Jawzrsize 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


15. SEVERABILITY


In the event that any provision of the Terms of Service or the Terms and Conditions of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


16. TERMINATION


a. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
b. The Terms of Service are effective unless and until terminated by either User or Jawzrsize™. User may terminate the Terms of Service at any time by notifying Jawzrsize™ that User no longer wish to use the Services, or when User cease using the Site.
c. If in the sole judgment of User fails, or is Jawzrsize™ reasonably believes that User has failed, to comply with any term or provision of the Terms of Service, Jawzrsize™ also may terminate this agreement at any time without notice, and User will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny User access to the Services (or any part thereof).


17. ENFORCEMENT; MERGER; CONSTRUCTION


a. The failure of Jawzrsize™ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
b. The Terms and Conditions of Use attached hereto are expressly incorporated into these Terms of Service by this reference. The Terms of Service and all other documents incorporated herein by reference, and any policies or operating rules posted by Jawzrsize™ on the Site or with respect to the Service, constitutes the entire agreement and understanding between User and Jawzrsize™ and govern User’s use of the Service, superseding any and all prior versions of the Terms of Service, all prior or contemporaneous agreements, communications and proposals, whether oral or written, between User and Jawzrsize™.
c. To the extent permitted by applicable law, ambiguities in the interpretation of
the Terms of Service shall not be construed against the drafting party.


18. GOVERNING LAW


The Terms of Service, the Terms and Conditions of Use, and any separate agreements by which Jawzrsize™ provides User Services shall be governed by and construed in accordance with the laws of State of Hawaii; and venue for any action arising out of or relating to the Terms of Service shall lie within the State of Hawaii.


19. CHANGES TO TERMS OF SERVICE


a. The most current version of the Terms of Service are available for review and download by any user at any time on this page https://jawzrsize.com/policies/terms-of-services.
b. Jawzrsize™ reserves the right, at its sole and absolute discretion, to update, change or replace any part of the Terms of Service by posting updates and changes to the Site. It is User’s responsibility to check the Site periodically for changes. User’s continued use of or access to the Site or the Service following the posting of any changes to the Terms of Service constitutes User’s acceptance of those changes.

20. CONTACT INFORMATION; NOTICES


Questions about the Terms of Service should be sent to us at harris@Jawzrsize.com, with a copy to david@lawofdavid.com; and all legal notices shall be sent to Vogel Law Firm, PLLC, legal counsel for Jawzrsize™, at 6966 Griffin Rd, Davie, FL 33314; email david@lawofdavid.com.

As an authorized User, I confirm that I have read and understand the Terms of Service, and I accept the Terms of Service in its entirety, without exception.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Jawzrsize 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 https://jawzrsize.com/pages/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. Message frequency varies. 


User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us 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 Jawzrsize LLC and its service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of all Jawzrsize products. Messages may include checkout reminders. 

Cost and Frequency: Message and data rates may apply. Message frequency varies. 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 Support@Jawzrsize.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. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: 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.

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 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 Wailuku, Hawaii 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 Jawzrsize’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.

 

*Individual results may vary, and testimonials are not claimed to represent typical results. All testimonials are by real people, and may not reflect the typical purchaser’s experience, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Every person has unique experiences and applies the information in a different way. Thus, the experiences that we share from other people may not reflect the typical customer’s experience or guarantee that anyone will achieve the same or similar results. However, these results are meant as a showcase of what the best, most motivated Jawzrsize customers have done and should not be taken as average or typical results.