April 2023 Terms & Conditions

OVERVIEW 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions (the “Terms”) govern your access or use of the Vegamour.com website (the “Website”) and any other applications, websites, content, products, and services (collectively, the “Service”) made available by Vegamour, Inc., or its representatives, affiliates, officers, or directors (collectively, “Vegamour,” “we,” “us,” or “our”). By using or accessing the Service, you agree to these Terms. If you do not agree to these Terms, please do not use the Service or use Vegamour’s products or services, and, if applicable, cancel your registered user account or subscription with us.

PLEASE READ: THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS BY REQUIRING ANY DISPUTE BETWEEN YOU AND VEGAMOUR, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND REQUIRING YOU TO FORGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT FOLLOWING THE OPT-OUT PROCEDURES IN SECTION 1 BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. BY ENTERING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - BINDING ARBITRATION & CLASS ACTION WAIVER 

Mandatory Binding Arbitration: 

By agreeing to these Terms, you agree that all disputes, claims, or causes of action arising from or related to the Services or these Terms, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), will be resolved through confidential, binding arbitration and not in a court of law in any jurisdiction, and not in a class, collective, representative, or consolidated action or proceeding, as further set forth below. 

You and Vegamour agree that the Federal Arbitration Act (Title 9, U.S. Code) (the “Act”) shall govern  any controversy or claim related to the Service or the Terms, including the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, notwithstanding any choice of law or other provision in these Terms. It is the parties’ intent that the Act and the rules promulgated by JAMS Mediation, Arbitration and ADR Services (“JAMS”) shall preempt all state laws to the fullest extent permitted by law. You and Vegamour further agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes concerning the interpretation, applicability, enforceability or formation of this Arbitration Agreement. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement, in whole or in part, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. 

Class Action Waiver: 

You acknowledge and agree that you and Vegamour are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Vegamour agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of the Arbitration Agreement set forth in this Section 1 shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis. 

Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, you and Vegamour each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright rights, trade secrets, patents or other intellectual property rights.

Opt-Out Procedure: 

You can choose to reject this Arbitration Agreement by sending us a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to these Terms, by email at support@vegamour.com or by mail at Vegamour, Inc., attn: Customer Support, 1024 Santee St, Floor 6, Los Angeles, CA, 90015. If mailed, the Opt-Out Notice must be post-marked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may enter with Vegamour.

Rules & Procedures: 

Arbitration proceedings will be administered in accordance with the Act and the rules promulgated by JAMS and any supplementary rules then in effect (the “JAMS Rules”), except as modified by these Terms. Discovery in said arbitration shall be limited in scope to the specifics of liability on the Dispute, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. 

Arbitration may be conducted in person, through the submission of documents, by phone,  online, or in person in in Los Angeles, California or at another mutually agreed location. All Disputes shall be resolved by one arbitrator; however, for Disputes exceeding $5,000,000, upon your or Vegamour’s request, the Dispute shall be decided by three Arbitrators. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. We will reimburse those fees for claims totaling less than $10,000, unless the Arbitrator finds your Dispute frivolous.

All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the Arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the Arbitrator(s), upon a showing of good cause or by the parties’ agreement, may extend the commencement of the hearing for up to an additional sixty (60) days. The Arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The Arbitrator(s) will have the authority to decide whether any Dispute is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS Rules of an arbitration demand is the equivalent of the filing of a lawsuit. The Arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of Vegamour to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. Except as provided in this Arbitration Agreement, the prevailing party in any action or arbitration related to these Terms shall be entitled to its reasonable attorney fees and costs.

Changes to Arbitration Agreement: 

Notwithstanding the provisions of this Section 1, if Vegamour changes any of the terms of this Section 1 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us a written notice of such rejection within 30 days of the of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided either by email at support@vegamour.com or by mail at Vegamour, Inc., attn: Customer Support, 1024 Santee St, Floor 6, Los Angeles, CA, 90015. In order to be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Vegamour in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

The terms of this paragraph survive any termination of the Terms. 

SECTION 2 - ONLINE STORE TERMS 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature. 

A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 3 - GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (not including credit card information), 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 information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this 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 your own risk. 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES 

Prices for our products are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 6 - PRODUCTS OR SERVICES (if applicable) 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

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. 

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

Subscriptions

If you purchase an item subscription, you will be charged, regularly and automatically, to receive the item(s) you select at the frequency you select until you cancel your Subscription(s). We will charge the subscription price, applicable taxes, and shipping charges to your default payment method when we ship your first subscription order. You will continue to be charged the subscription price, applicable taxes, and shipping charges at the time of each shipment for all subsequent orders until you cancel your subscription(s). We will automatically send you the selections from your previous shipment, unless you update your subscription selections for any given shipment.  Subscriptions will be shipped at the interval you chose when placing your first subscription order unless you change the shipping frequency of your subscription. Subscriptions continue until you cancel. 

You may log into your account to customize your subscriptions at any time.  You can change the quantity of the product and the frequency of each shipment in advance or delay the next shipment as you wish.  Changes will be effective within five (5) business days, but not after shipments have been processed.

You may cancel your subscription(s) at any time, online through the customer portal, by filling out the contact us form HERE, or by calling 213-325-5112 Monday – Friday 6:00 am – 6:00 pm PST (PST), Saturday - Sunday 9:00 am – 2:00 pm PST. Please note subscriptions cannot be cancelled via Facebook or other forms of social media. No refunds will be given after products are shipped however, they can be returned according to our Return Policy.  Cancellations are effective at the end of the then-current subscription period; to avoid future charges, cancel 5 business days prior to renewal.

For more detail, please review our Returns Policy. 

SECTION 8 - OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of optional tools offered through the site is 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). 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 9 - THIRD-PARTY LINKS 

Certain content, products and services available via our Service may include materials from third-parties. 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

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. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

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. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

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 party’s intellectual property or these Terms of Service. 

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. You further agree that your comments will not 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 Service or any related website. 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. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 11 - PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 13 - PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Service, you are 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall VEGAMOUR, 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. 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, our liability shall be limited to the maximum extent permitted by law. 

SECTION 15 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless VEGAMOUR 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. 

SECTION 16 - SEVERABILITY 

In the event that any provision of these Terms of Service 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 these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 17 - TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 18 - ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

These Terms of Service and any policies or operating rules posted by us on this site 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 the Terms of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 19 - GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States. 

SECTION 20 - CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time at this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 21 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at support@vegamour.com.

SECTION 22 - USER CONTENT

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

VEGAMOUR (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive 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. 
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Vegamour and its service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of the complete range of Vegamour’s products and services. Messages may include checkout reminders. 
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@vegamour.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

1. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California 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 Vegamour’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

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

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

Privacy Policy

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages.  WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes.  To make such a request, please contact us at the following address:

VEGAMOUR, INC.

1024 Santee St, Floor 6, Los Angeles, CA, 90015

support@vegamour.com

This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.

SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us.

For help, reply “HELP” to any Text Message you receive from us. In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages.

Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.

If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. To the extent you voluntarily opt to have SMS notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. For more information about text messages, see our Terms and Conditions.

Vegamour In The GRO  Loyalty Program Terms and Conditions

Last updated: September 8, 2020

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE VEGAMOUR IN THE GRO LOYALTY PROGRAM. YOUR PARTICIPATION IN THIS PROGRAM CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS, THE VEGAMOUR WEBSITE TERMS OF USE, AND COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THE WEBSITE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT PARTICIPATE IN THIS PROGRAM. MANDATORY ARBITRATION AND CLASS ACTION WAIVER: PLEASE NOTE THAT THESE TERMS OF USE REQUIRE THAT DISPUTES BE RESOLVED ONLY BY ARBITRATION (AND NOT BY COURT LITIGATION) IN NEW YORK, NEW YORK (OR THE CITY NEAREST TO YOU WHERE THE AMERICAN ARBITRATION ASSOCIATION HAS AN OFFICE), THAT YOU WAIVE ANY RIGHT TO JURY TRIAL, AND THAT YOU WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST US. PLEASE REVIEW SECTION 9 BELOW REGARDING GOVERNING LAW, ARBITRATION AND NO CLASS ACTIONS FOR COMPLETE DETAILS.

1. PROGRAM ELIGIBILITY AND MEMBERSHIP

The Vegamour In The GRO Loyalty Program ("Program") is a tiered loyalty and rewards program, with three tiers.  To be eligible for participation in the Program, you must be at least eighteen (18) years of age or older. We will not collect personally identifiable information from any person that is actually known to us to be a child under the age of eighteen (18). The Program is available only to individuals for their personal use and is limited to one (1) account per individual. Employees of Vegamour and its subsidiaries, affiliates and divisions are eligible to participate in the Program only for personal use. The Program is void where prohibited or restricted by law.

By joining the Program and becoming a Vegamour In The GRO member, you agree that you have read, understood and agree to be bound by these Vegamour In The GRO Loyalty Program Terms of Use ("Terms") and by any changes or modifications that we may make hereto as well as all other terms of use and policies incorporated by reference. We reserve the right to revise these Terms at any time in our discretion without prior notice to you. You should review these Terms and the related FAQs frequently to understand the terms and conditions of the Program as they may change from time to time. When we make revisions or modifications to the Terms or related FAQs, they will be posted on the website at vegamur.com and will be effective immediately upon posting and will supersede all prior versions of these Terms and/or related FAQs. These Terms do not alter in any way the terms or conditions of any other agreement that you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Privacy Policy and website Terms of Use, which are incorporated herein by reference. Your continued participation in the Program after the posting of any revisions to its Terms and/or related FAQs shall confirm your acceptance of and agreement to be bound by the modified Terms and/or related FAQs, therefore you should periodically review them to be aware of any changes. If you do not agree to these Terms, our website Privacy Policy and our website Terms and Conditions, you cannot participate in the Program.

1. Program Enrollment

2.1. Eligible individuals may enroll in the Program online by visiting vegamour.com. To enroll online, visit vegamour.com and follow the Program prompts to enroll. You must have a valid vegamour.com account to complete your registration for the Program. It is free to sign up for a vegamour.com account. There is no requirement to make any payment or purchase or to provide any credit card information to sign up for a vegamour.com account.

2.2. To enroll in the Program, you may be required to provide any or all of the following: your first and last name, valid email address, telephone number and zip code. You are solely responsible for maintaining the accuracy of your account information and for keeping it up-to-date as may be required. You may update your personal information through your online account or by contacting customer service at 1-844-256-3612, Monday-Friday between the hours of 7:00 AM through 5:00 PM Pacific Time, or Saturday between the hours of 9:00 AM through 1:00 PM Pacific Time.

2.3. Only one Program account may be associated with a single email address. In the event of a dispute over the ownership of a Program account membership, the Program member will be deemed to be the authorized account holder of the email address submitted at the time of Program enrollment. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Enrolling or attempting to enroll in the Program multiple times through the use of multiple email addresses is prohibited and any such action will be cause for termination of your participation in the Program.

1. How the Program Works/Program Rewards.

3.1. The Program allows you to earn rewards based on qualifying purchases or other activities as designated by Vegamour. Once you earn rewards you may be eligible to redeem rewards for certain benefits, which benefits and rewards may change from time to time and may be offered on a limited basis. Visit our FAQs and program dashboard page to learn more about how to earn rewards.

3.2. Purchases made at vegamour.com are eligible for earning rewards in the Program, excluding gift card purchases, taxes, shipping and handling charges and any other fees associated with your purchase (a "Qualifying Purchase").

3.2.1. Rewards cannot be applied towards past purchases made prior to the Program launch or prior to your enrollment in the Program.

3.2.2. To earn rewards for a Qualifying Purchase made online, you must be logged into your In The GRO account at the time of purchase. Rewards cannot be earned retroactively for online orders that have already been completed prior to logging into your In The GRO account. You can check for your available awards online at any time through your Vegamour In The GRO account. Please allow approximately 14 days after a Qualifying Purchase for your Vegamour In The GRO account to update to reflect your rewards earned.

3.2.3 Rewards can be redeemed in 100 point increments, up to 400 points per purchase, and can be applied to an upcoming shipment of an existing subscription or can be redeemed at cart for a new purchase.

3.3. Program rewards have no cash value, cannot be sold and are non-transferable. Program accounts, rewards or benefits cannot be transferred to, shared or combined with any other person or Program member. Only the Program member that is paying for the Qualifying Purchase may accumulate rewards and benefits and only the Program member may redeem rewards that have accumulated in that member's account. The sale, barter, transfer or assignment of any reward or benefit offered through the Program, other than by us, is expressly prohibited and will be cause for termination of your participation in the Program, and any rewards or benefits offered by us under the Program are subject to change at any time in our sole discretion, without prior notice.

3.4. If you return an item from a Qualifying Purchase for a refund to your original method of payment, your points balance will be updated to reflect the value of the returned item(s). If the item is instead exchanged, your points balance will be updated to reflect the difference in prices between the originally purchased item and the exchanged item.

3.5. Rewards available through the Program are for personal use only and may not be sold or resold. We reserve the right, without notice, to cancel or reduce the quantity of any reward available through the Program at any time, in our sole discretion. We also reserve the right, without notice, to change Program benefits and ways in which rewards may be earned or redeemed at any time, in our sole discretion. We reserve the right to place limitations on the number of Qualifying Purchases that are eligible for the Program and/or the number or types of rewards that you may receive or earn during any given period of time or for the duration of the Program and/or any combination thereof.

3.6. We are not responsible for rewards that may be lost or redeemed as the result of any fraudulent activity.

3.7. We reserve the right to determine the rewards in any Vegamour In The GRO member's account based upon our internal records related to such member's account. A member's rewards shall be deemed correct and accurate as reflected in our records and our good faith determination of the amount of rewards available to any member shall be final and binding.

If you have concerns regarding your Vegamour In The GRO account activity, including, by way of example and not limitation, rewards earned for a Qualifying Purchase that have not been properly applied to your In The GRO account, please contact our customer service team by email at support@vegamour.com or by telephone at 1-844-256-3612, Monday-Friday between the hours of 7:00 AM through 5:00 PM Pacific Time, or Saturday between the hours of 9:00 AM through 1:00 PM Pacific Time.

1. Communications

4.1. By enrolling in the Program, you will be automatically subscribed to receive marketing emails from Vegamour, including Program-related communications.

4.2. You may opt-out of receiving marketing emails from Vegamour at any time by clicking the "unsubscribe" link in the email to manage your preferences. 

4.3. Promotional Text Message Consent: At your sign up for the Program, by checking the box to opt in to the receipt of text messages from Vegamour, you consent to receive automated marketing by text message from Vegamour or any of its vendors, including through the use of an automatic telephone dialing system, at the telephone number you provided. Consent is not a condition to purchase. Message and data rates may apply.

4.4. User Opt Out: Notwithstanding anything to the contrary herein, if you do not wish to receive additional text messages as set forth in Section 4.3, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Vegamour or sent on behalf of Vegamour in order to opt out of the promotional text message program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are reasonable methods of opting out and are the exclusive means of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, sending an e-mail, or verbally requesting one of our employees to remove you from our list, are not reasonable means of opting out.

4.5. Prohibited Content: You acknowledge and agree to not send any prohibited content over the text message 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.

1. Privacy

We value and respect your privacy. The personal information that we collect from you in connection with the Program is subject to our Privacy Policy and will be used and disclosed by us for the purpose of administration of the Program, providing you with any rewards or benefits that you redeem under the Program, marketing in connection with the Program, other marketing communications that you have opted in to receive and as otherwise permitted by our Privacy Policy.

1. Program Termination, Cancellation or Modification

6.1. The Program and its benefits are offered at Vegamour's sole discretion. We may terminate, cancel, modify or restrict these Terms and/or the Program or any aspect of it at any time, in our sole discretion and without prior notice to you, even if any such actions by us may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem earned rewards that had already accumulated.

6.2. If you decide that you no longer want to participate in the Program, you may cancel your membership at any time on-line through the “My Account” page or by contacting our customer service team at 1-844-256-3612, Monday-Friday between the hours of 7:00 AM through 5:00 PM Pacific Time, or Saturday between the hours of 9:00 AM through 1:00 PM Pacific Time.

You may cancel your membership at any time on-line through the “My Account” page or by submitting a request or calling us here.

 6.3. We reserve the right, in our sole discretion, to terminate any member from the Program for any reason, including but not limited to, a member's failure to comply with these Terms, the Terms of Use of the Vegamour Website, any suspected abuse of the Program, illegal activity, fraud or other conduct that we may deem to be inconsistent with these Terms and/or the Program.

6.4. If your membership in the Program is cancelled by you or terminated by us, you will lose all accrued rewards or benefits in your Vegamour In The GRO account at the time of such cancellation or termination.

1. Disclaimer of Warranties; Limitation of Liability

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to participate in the Program. To the fullest extent permitted by applicable law, your participation in the Program, and our obligations and liabilities in respect thereto, is expressly limited as follows:

7.1. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY WHATSOVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER VEGAMOUR NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7.2.YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER VEGAMOUR NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY: (A) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE CONTENT OF THESE TERMS, THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM; (B) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM; (C) INTERRUPTION OF BUSINESS; (D) DELAYS OR INTERRUPTION IN ACCESS TO THE PROGRAM; (E) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THIS SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (F) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE OR THIRD PARTY SITE(S), (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE VEGAMOUR SITE OR ANY THIRD PARTY SITE(S) ASSOCIATED WITH THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH; (H) DATA NON-DELIVERY, LOSS, THEFT, MISDIRECTION, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (I) EVENTS BEYOND OUR REASONABLE CONTROL.

7.3.YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER VEGAMOUR NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY PROGRAM REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

7.4.YOU AGREE THAT NO CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, THESE TERMS, YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. TO THE EXTENT PERMITTED BY LAW, IF YOU HAVE A DISPUTE WITH US REGARDING THE PROGRAM OR ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE REMEDY SHALL BE TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM AND WE SHALL HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.

1. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VEGAMOUR, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, DEMANDS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES), ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM AND/OR YOUR BREACH OF ANY OF THESE TERMS. WE RESERVE THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO THIS INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AND ALL AVAILABLE DEFENSES.

1. Governing Law, Arbitration, No Class Actions

9.1. GOVERNING LAW: The Program and these Terms shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any conflict of law provisions.

9.2. ARBITRATION: YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND VEGAMOUR INC., AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES, VENDORS, AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE PROGRAM, VEGAMOUR WEBSITES,THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE WEBSITES CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE NEW YORK STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN NEW YORK, NEW YORK, OR IN THE CITY NEAREST TO YOUR PRINCIPAL PLACE OF RESIDENCE WHERE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) HAS AN OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.

9.3. NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO THE PROGRAM, TO VEGAMOUR WEBSITES, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS OF USE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE GIFT CARDS OR WEBSITES, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS OF USE.

9.4 NOTICE TO NEW JERSEY RESIDENTS. If you are a consumer residing in New Jersey, the following provisions of this Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section 7.3 above, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind and the limitation of liability for lost profits, damage, loss or injury (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code or New Jersey Consumer Fraud Act; (b) in Section 7.3 above, application of the limitations of liability to the recovery of damages that arise under contract, tort or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (c) in Section 8 above, the requirement that you indemnify Vegamour (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (d) in Section 9.1 above, the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

1. Customer Service

For information about the Program or your membership, contact our customer service team via email at support@vegamour.com or by telephone at 1-844-256-3612, Monday-Friday between the hours of 7:00 AM through 5:00 PM Pacific Time, or Saturday between the hours of 9:00 AM through 1:00 PM Pacific Time. Please also visit our FAQs for answers to frequently asked questions about the Program.

REFERRAL PROGRAM

How to Earn Program Credits

Vegamour customers enrolled in In The GRO loyalty program may be eligible for a referral credit that can be used towards future purchases if they make a referral and:

• The person being referred is a first-time customer; and
• The person being referred clicks on the invitation link and creates a valid order (during the same session) that complies with our Terms of Service.

If the person being referred does not complete the sign up in the same session, the user will not be credited for that referral and will not be eligible for the credit, even if the person being referred subsequently makes a qualifying purchase.

Once the person being referred completes a qualifying purchase, the referring user will be credited with the credit amount described in the referral invitation or accompanying promotional materials for each qualified referral. The actual credit will be determined by Vegamour, in its sole discretion, as specified on the credits page. If the credit consists of a credit to the user’s account, such credit may only be applied in the amount specified by Vegamour towards the Member’s purchase of future products or services from Vegamour. Credits are non-transferable.

A user may attain a maximum of 12 qualified referrals in a 365-day period, but any qualified referral shall be subject to review and/or verification at any time by Vegamour and it is in the sole discretion of Vegamour as to the legitimacy and validity of such qualified referral.

An In The GRO member can make a referral by: sharing their personalized referral link; requesting an email be sent to a potential referral; or by sharing via social media.

We reserve the right to review, investigate, and remove referral credit as well as suspend users or accounts in instances we identify behavior we believe to be abusive, fraudulent, or not aligned with the spirit of the program, such as:

Attempts to gain credit through self-referral by opening multiple accounts using different email addresses or by adding identical payment methods to multiple accounts

Credit gained by referring customers through paid advertising, sponsored links, posting to commercial sites, or spamming

Violation of these Terms

We reserve the right to suspend our referral program at any time. If we remove the links to your referral codes, you may not receive referral credit for new people completing their first purchases with us anymore.

Qualified Referral

Qualified referral means that all the following conditions are met:

The person being referred uses the invitation link;

The person being referred places an eligible order;

The person being referred has not previously made a purchase (as determined by Vegamour in its sole discretion);

The person being referred was referred by someone who has previously made a purchase with Vegamour.

Sharing Invitation Links

Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations.

Invitation links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends or family. For example, invitation links should not be distributed via commercial websites (such as coupon websites or Reddit).

Use of any automated system, script or macro to participate in the program or generate referrals is strictly prohibited. Vegamour reserves the right to revoke or refuse to issue any credit for referrals that it suspects were generated through improper channels.

No Spam

Bulk email distribution, distribution to strangers, or any other promotion of a unique referral link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in Vegamour’s sole discretion is expressly prohibited and is grounds for deactivation of his or her invitation link, exclusion from the program, and revocation of all related credits.

Program Conditions and Limitations

Customers may not participate in the program where doing so would be prohibited by any applicable law or regulations. We reserve the right to modify or amend at any time these Referral Program Terms and Conditions and the methods through which any credits may be earned.

Credits have absolutely no monetary value and may not, under any circumstances, be redeemed for cash or any cash equivalent including but not limited to gift cards, certificates, or refunds. Vegamour may cancel, amend or revoke the credit at any time for any reason.

Credits are personal to the rewarded user and are not transferable and may not be auctioned, traded, bartered or sold, whether by operation of law or otherwise. Upon termination of the program or any portion thereof for any reason, or upon cancellation of a user’s account for any reason, any unredeemed credits (including without limitation any unapplied credits) accumulated are forfeited.

You cannot refer yourself to generate referrals and earn credits. Users may not participate with multiple or fake email addresses or accounts, or use fictitious identities or use any system, bot or other device or artifice to participate in the program or earn credits.

Termination and Changes

Vegamour may suspend or terminate the program or a user’s ability to participate in the program at any time for any reason.

Updates to the Terms

Vegamour may modify these Referral Program Terms and Conditions at any time, with or without notice, even though these changes may affect your ability to use the Program, subject to our compliance with applicable laws.