Terms of Service

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1. INTRODUCTION

Welcome to {{ funnel.campaign.campaign_brand.name }}! These Terms of Services are a contract (the “Terms”) between you and/or your company (collectively, “you” or “your”) and {{ funnel.campaign.campaign_brand.name }} (“Company,” “we,” “our,” or “us”) that apply to your use or access to our websites, applications, products, and/or services (collectively, the “Service(s)”). If you do not agree with these Terms, then you must not use the Services.

THESE TERMS CONTAIN AN ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. SEE SECTION 3 (DISPUTE RESOLUTION) FOR FULL DETAILS.

2. PRIVACY POLICY

By using the Service, you represent and warrant that you have read and understood, and agree to be bound by, These Terms and our Privacy Policy (the “Privacy Policy”), which is incorporated into the Terms by reference. The Privacy Policy is available at privacy-policy.html. We encourage you to frequently check the Privacy Policy for updates.

3. DISPUTE RESOLUTION

These Terms contain an “Arbitration Agreement” waiving your right to a jury trial and class action.

What is arbitration?

Legal disputes are usually resolved in a court of law in front of a judge and, sometimes, a jury. Court cases are a matter of public record. Arbitration is a less formal and more private way of resolving disputes. Instead of going to court, the parties give their arguments and evidence to an arbitrator, and the arbitrator decides who “wins” the case by applying the law in the same way that a judge would. Instead of a courtroom, arbitrations are generally held in a private office, such as a conference room, or by videoconference.

What is our Arbitration Agreement?

Under these Terms, ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE SERVICES, THESE TERMS, THE PRIVACY POLICY, OR ANY OF THE RELATED PRACTICES MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This means that we all agree that we will only resolve our legal disputes through arbitration and not in a court of law. Without this Arbitration Agreement, you would have had the right to sue in court with a jury trial.

How will the arbitration work?

The arbitration must be filed and conducted through JAMS (www.jamsadr.com), which is a provider of arbitration services in the United States and internationally. JAMS’ Streamlined Rules will apply. All claims, remedies, and defenses that you or we have under applicable law (whether federal, state, or local) will remain available. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

What law will the arbitrator follow?

The laws of Delaware govern these Terms. The arbitrator will apply Delaware law to the claims in the arbitration. This Arbitration Agreement will be governed by the Federal Arbitration Act.

Who pays for the arbitration?

In most cases, the only fee you will have to pay to JAMS is $250; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more of the fees for the arbitration, other than attorneys’ fees. Regardless of who wins, you will be responsible for paying your attorneys’ fees, and we will be responsible for paying ours. The only exception is if the claim is brought under a law, which the arbitrator may apply, that specifically allows a party to recover its attorneys’ fees.

When will a court will get involved?

There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief”—or rule upon certain small claims actions. Either one of us can go to court and seek this relief, including by filing a motion to compel the other party to honor the Arbitration Agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts in Newark, Delaware. This exception does not waive our Arbitration Agreement.

Can I file a class action?

No. You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED.

4. ELIGIBILITY

By accessing and/or using the Service, including by doing so after accessing the Terms, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Service on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.

5. PAYMENTS; SUBSCRIPTION PLANS; RETURNS & REFUNDS

Payments

You agree to pay Company all fees associated with any purchases made by you through the Service. All transmissions of payment information provided through the Service are secured with Internet-standard TLS (also known as HTTPS) encryption. Your charge will show up on your credit card statement as "Pumice Stone Pros".

Returns & Refunds

If you are not fully satisfied with the products you purchased, you may cancel your order at any time by emailing customer service at {{ funnel.campaign.support_email }}. All refund request must be within thirty (30) days of the date your credit or debit card was charged. {{ funnel.campaign.campaign_brand.name }} cannot refund return shipping costs if any exist, and you agree to be responsible for the same. It can take up to ten (10) business days for the refund to be credited back to your payment card.

Subscriptions

Company may offer access to membership or subscription plans—for example, a subscription plan that enables you to access our membership site — according to the terms of the subscription plan.

Timing of Subscription Payments

At the time you enroll in your subscription, you will be required to provide payment card information to pay for the fees associated with your subscription. If you chose to enroll in a subscription, you understand and agree that your credit or debit card on file will be charged for additional subscription periods (e.g., once per month) without obtaining further permission or confirmation from you. In other words, your subscription renews automatically unless canceled in advance of the next payment period by you. Please pay attention to the payment terms and disclosures provided during the order process for your subscription.

Changes and/or Cancellation of Subscription Plans

To change or cancel a subscription, including a free trial for a subscription, you may email us at {{ funnel.campaign.support_email }}. If you change or cancel your subscription by email, you must provide Company sufficient information to identify you such as your full name and email address. Changes and cancellations must be made at least three (3) days before your credit or debit card is charged for the next payment period.

Changes in Subscription Fees

It may be necessary for Company to change its fees, including for any subscription plan, and reserves the right to do so in its sole discretion.

Free Trials

If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your payment method will be charged at the then current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your payment method will be charged until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial as described above.

6. CHANGES TO TERMS AND PRIVACY POLICY

Internet technology and the applicable laws, rules, and regulations change frequently. Company reserves the right to change these Terms and our Privacy Policy at any time upon notice to you (including by posting a new version, or sending you a change notice). It is your responsibility to review the Terms and the Privacy Policy periodically. If at any time you find either the Terms or the Privacy Policy unacceptable, you must immediately cease accessing Service. Unless Company obtains your express consent, any revised Privacy Policy will apply only to information collected after the revised Privacy Policy takes effect, and not to information collected under any earlier versions of the Privacy Policy.

7. LICENSE

Subject to your compliance with these Terms, Company grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Service. No part of the Service, may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Company. All rights not expressly granted in these Terms are reserved by Company. Without limitation, these Terms do not grant you any rights to the intellectual property of Company or any other party, except as expressly stated. The license granted in this section is conditioned on your compliance with these Terms. Your rights under this section will immediately terminate if, in the sole judgment of Company, you have breached any provision of the Terms.

8. NO RELIANCE ON THIRD PARTY CONTENT

Opinions, advice, statements, or other information made available through the Service by third parties are those of their respective authors and should not necessarily be relied upon. Those authors are solely responsible for their content. Company does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service. Under no circumstances will Company be responsible for any loss or damage resulting from your reliance on information or other content posted through the Service transmitted to or by any third party.

9. ASSUMPTION OF RISK; RELEASE

You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “Company Parties“) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service.

10. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS

By providing Company with your email address through the Service, you expressly consent to receive electronic communications from Company, over the short term and periodically, including email communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by contacting us at {{ funnel.campaign.support_email }}. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.

11. THIRD PARTY WEBSITES

The Service may be linked with the websites of third parties (“Third Party Websites”), some of whom may have established relationships with Company and some of whom may not. Company does not have control over the content and performance of Third Party Websites. Company has not reviewed, and cannot review or control, all of the material, made available on Third Party Websites. Accordingly, Company does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Websites. Company disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Websites.

12. PROHIBITED CONDUCT

Company imposes certain restrictions on your use of the Service. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited: (a) providing false, misleading, or inaccurate information to Company or any other person in connection with the Service; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) modifying or changing the placement and location of any advertisement posted through the Service; (d) harvesting or otherwise collecting information about users, including email addresses and phone numbers; (e) using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any use, including without limitation use on Third Party Websites; (f) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (g) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization; (h) interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (i) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (j) while using the Service, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising; (k) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the Service, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Service to determine and/or audit advertising revenues and payments, if applicable; (l) creating additional accounts to promote your (or another’s) business, or causing others to do so; or (m) paying anyone for interactions on the Service.

13. INTELLECTUAL PROPERTY

Our Intellectual Property

Our name, logo, product names, the website domain, the apps, and all product design, content and other intellectual property associated with the Service other than your content (collectively, the “Company IP”) are trademarks, copyrights, trade dress, patents, and other intellectual property that are owned by Company and our third-party licensors, service providers, and suppliers. Nothing in this Agreement grants you any right, title, license, or interest in the Company IP. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of, the Company IP. You agree that any goodwill in the Company IP generated as a result of your use of the Service will inure to the benefit of Company and you agree to assign, and do assign, all such goodwill to Company.

Copyright Infringement and Our DMCA Policy

Company respects the intellectual property rights of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act ("DMCA"). If you believe content located on or linked to the Service violates your copyright, please immediately notify us by emailing us a DMCA takedown notice ("Infringement Notice"), providing the information described below. If we act in response to an Infringement Notice, we will make a good faith attempt to contact the person who made the content available at the most recent email address they provided to us.

Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. If you are not sure if content located on or linked to by the Service infringes your copyright, you should first contact an attorney.

The DMCA requires that all Infringement Notices must include the following:

(a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;

(b) an identification of the copyright claimed to have been infringed;

(c) a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Company to find and positively identify that material;

(d) your name, address, telephone number, and email address; and

(e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

Infringement Notices should be sent to {{ funnel.campaign.support_email }} with the subject line “DMCA NOTICE.” Company will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.

Use of Your Content to Promote the Service

If you review, comment, or provide before and after photos about the Service, you represent that such content is true and accurately represents your experience. You understand and agree that, pursuant to these Terms, Company will have the right to republish all or part of your reviews, photos, and comments on the Service, Company’s social media accounts, advertising, and other media as Company deems fit.

14. DISCLAIMERS, LIMITATION OF LIABILITY

Disclaimer of Warranties

COMPANY, ON BEHALF OF ITSELF AND COMPANY PARTIES, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER COMPANY NOR COMPANY PARTIES WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE FURNISHING OF THE SERVICE PURSUANT TO THE TERMS, INCLUDING WITHOUT LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, REPRESENTATIONS, OR OTHER DEFECTS ARISING OUT OF THE FAILURE TO THE FURNISH THE SERVICE, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING. COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOST REVENUES), WHETHER CAUSED BY THE ACTS OR OMISSIONS OF COMPANY, COMPANY PARTIES, OR OTHER USERS, OR THEIR AGENTS OR REPRESENTATIVES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR COMPANY PARTIES BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE WITH THE SERVICE, INCLUDING WITHOUT LIMITATION FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO COMPANY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Your Responsibility for Loss or Damage; Backup of Data

You agree that your use of the Service is at your sole risk. You will not hold Company or Company Parties, as applicable, responsible for any loss or damage that results from your access to and/or use of the Service, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.

Application of Disclaimers

Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Company Parties are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.

15. INDEMNIFICATION

In addition to any other indemnification obligations expressly stated in these Terms, you agree, to the fullest extent permitted under applicable law, to indemnify, defend, and hold harmless Company and Company Parties against any and all claims, demands, suits, actions, costs, damages, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy or other damages or harm, whether to you or to third parties, that may arise out of or in any way relate to: (i) your access to, use of, or misuse of the Service; (ii) your content; (iii) your breach of these Terms or any other policies governing the Service; or (iv) any third-party site, products, services, and links, included on or accessed through the Service.

Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive these Terms and your use of the Service.

16. MISCELLANEOUS PROVISIONS

Company Authorization

If you are using the Services on behalf of a company, you represent and warrant that you are authorized to act on behalf of that company, including by agreeing to binding contracts.

Electronic Notice

You consent to receive notices, disclosures, and other communications electronically at the email address provided in connection with the Services. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

Force Majeure

We will not be liable for any failure to perform any of our obligations if the failure results from a cause beyond our reasonable control, including mechanical, electronic, or communications failure or degradation, pandemics or epidemics, or unforeseeable acts beyond our control.

Assignment

You cannot assign, transfer, or sublicense these Terms without first obtaining our consent. On the other hand, we may assign, transfer, or delegate any of our rights and obligations without consent, including if there is a sale or transfer of our business.

No Waiver

A waiver by either you or Company of any term or condition of these Terms, or any breach, in any one instance, will not waive that term or condition or any later breach.

Independent Contractors

These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

Survival

The provisions of these Terms which, by their nature, should survive termination, shall survive such termination, including the sections on Dispute Resolution and Mandatory Arbitration, Intellectual Property, Disclaimers and Limitations, and Miscellaneous Provisions.

Severability

These Terms are severable. If any provision of these Terms is declared invalid, void, or unenforceable, then that provision is severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.