TERMS AND CONDITIONS OF USE
2. User Accounts.
Users may be required to establish a User account and log in to the Website in order to purchase Products or use other Services. You acknowledge and agree that you will be responsible for each and every access or use of the Website with your user name and password, and that LH is authorized to accept such user name and password as conclusive evidence that you wish to use the Website and Services, including, without limitation, to purchase Products. LH has no responsibility to monitor the use of your user name and password and is not liable for any unauthorized use of your user name and password.
3. Grant of Right to Use Services.
Provided that you remain in compliance with all terms and conditions hereof, LH grants to you a revocable, non-exclusive, non-transferable, non-sublicensable license to use the applicable Services offered from time to time on the Website. All other rights in and to the Website and Services (excluding title to Products purchased by you), including, without limitation, all Website Content (defined below), including any goodwill associated therewith, are retained by LH.
4. Permitted Uses; Compliance with Laws.
5. Website Content.
- 7. Terms of Sale for Products
- b. Billing Before Shipment. For orders placed online through the Website, payment may be captured up to 10 days before the order is shipped.
- c. Returns and Repairs. Any requests for returns or repairs will be handled in accordance with LH’s Return/Repair Policy in place at the time of the return/repair request, the terms of which are incorporated herein by reference (the “Repair Policy”).
- d. Shipping. Products will be shipped in accordance with LH’s Shipping Policy in place at the time of shipment, the terms of which are incorporated herein by reference.
- e. Cancellation. An order once placed and accepted by LH can be cancelled only with LH’s written consent and under terms which will reimburse LH for any loss, cost, or expense attributable to the cancellation. You acknowledge that any cancellation charges assessed in order to reimburse LH for its losses, costs, and expenses are not to be construed as a penalty. You shall remain liable for any orders cancelled and not consented to in writing by LH.
- 8. Warranty.
All of our medical ID bracelets have a six (6)-month limited warranty. If a bracelet breaks for any reason within six (6) months from the date of purchase (the “Warranty Period”), we will re-strand it for free one time. For any additional repairs within the Warranty Period, and for any repairs outside of the Warranty Period, you will be charged in accordance with the Repair Policy. The foregoing limited warranty shall be contingent upon your payment in full to LH of all amounts due for the applicable Products. EXCEPT FOR THE FOREGOING WARRANTY SET FORTH IN THIS SECTION, LH MAKES NO WARRANTIES, REPRESENTATIONS, CONDITIONS OR PROMISES, EXPRESS OR IMPLIED, AS TO THE QUALITY, PERFORMANCE OR FREEDOM FROM DEFECT OF THE WEBSITE, PRODUCTS, OR SERVICES, ALL OF WHICH ARE SOLD AND/OR PROVIDED “AS IS.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCE, LH DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY ACKNOWLEDGE THAT THE SERVICES ARE COMPUTER-NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO UNAVAILABILITY, OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES, AND DELAY OCCURRENCES. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY OF THE SERVICES OR THAT THEY WILL SATISFY YOUR NEEDS. EXCEPT FOR THOSE IMPLIED WARRANTIES, IF ANY, THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, LH HEREBY DISCLAIMS AND EXCLUDES ALL EXPRESS WARRANTIES AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE WARRANTIES ARISING OUT OF USAGE OF TRADE OR COURSE OF DEALING. THE LIMITED WARRANTY CONTAINED HEREIN SETS FORTH YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A DEFECT IN THE PRODUCTS.
Our Website Content includes suggestions and examples regarding information to include on a medical ID Product, as well as general language suggesting that medical ID jewelry may assist first responders and medical care providers in more timely rendering proper medical care. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT (a) ANY SUCH SUGGESTED INFORMATION WILL BE SUFFICIENT TO FULLY ALERT THIRD PARTIES AS TO AN INDIVIDUAL’S MEDICAL CONDITION(S), (b) PROPER, EFFECTIVE OR MORE TIMELY MEDICAL CARE WILL BE RENDERED AS A RESULT OF WEARING A MEDICAL ID PRODUCT OR (c) A MEDICAL ID PRODUCT WILL BE NOTICED BY THIRD PARTIES, INCLUDING FIRST RESPONDERS AND MEDICAL CARE PROVIDERS AND WE HEREBY DISCLAIM ANY AND ALL LIABILITY WITH REGARD TO CLAIMS BASED ON OR RELATING TO ANY OF THE FOREGOING.
- 9. Limitation on Liability.
- 10. Your Representations and Warranties.
- 11. Indemnification.
- 12. Links to Other Web Sites and Resources.
At certain places in the Services, “links” to other website addresses and resources can be accessed. The links are for convenience purposes only, and the inclusion does not imply that LH endorses these websites. Such external websites contain information created, published, maintained or otherwise posted by institutions or organizations independent of LH. LH does not guarantee the accuracy, completeness, timeliness or quality of information available from other websites. Use of any information from other websites is voluntary, and reliance on it should be undertaken only after an independent review of its accuracy, completeness, timeliness and quality. LH is not and will not be liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by, or in connection with, the use of, or the reliance upon, any information, content, goods or services available on or through any third-party websites, including resources linked to this Website.
- 13. Internet Software or Computer Viruses.
- 14. Termination; Survival of Provisions.
- 15. Force Majeure.
LH shall not be liable for failure to deliver or delay in performance where such failure to deliver or delay is due, in whole or in part, to any cause beyond LH’s reasonable control. Further, LH will not have any liability for any loss caused by any interruption of telecommunications, utility, Internet-hosting, or network-provider services, software viruses, any software or technology designed to disrupt or delay the Services, act of God, strike or other labor shortage or disturbance, fire, accident, war, terrorist act or civil disturbance, failure of normal sources of supply, act of government, or any other cause beyond the reasonable control of LH. In the event of such delay, the time for performance shall be extended by a period of time reasonably necessary to overcome the effect of the delay.
- 16. Governing Law; Venue.
- 17. Complete Agreement; Amendments.
- 18. Assignment.
- 19. Waiver.
- 20. Enforceability.
- 21. Attorneys’ Fees.
Mobile Terms & Conditions
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Lauren’s Hope reserves the right to stop offering the Service at any time with or without notice. Lauren’s Hope also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
By opting into the Service, you:
- a. Authorize Lauren’s Hope to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
- b. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
- c. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
- d. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please visit https://www.laurenshope.com/contact-laurens-hope or call 1-800-360-8680. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Content You May Receive
Once you affirm your choice to opt-in to the Service on 48532, your message frequency may vary. You may receive alerts about:
- a. Sale promotions
- b. Event informations
- c. Product launch announcements
- d. Cart reminders
- e. Back In Stock Alerts
- f. Price Drop Alerts
- g. Low Inventory Alerts
Once you affirm your choice to opt-in to the Service on 48532, your message frequency may vary. You may receive alerts about:
- A. An order has been placed
- B. An order has been shipped
- C. An order has been delivered
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Lauren’s Hope may add or remove any wireless carrier from the Service at any time without notice. Lauren’s Hope and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from Lauren’s Hope, text the word STOP to 48532 any time or reply STOP to any of the text messages you have received from Lauren’s Hope. This is the exclusive method for opting out. After texting STOP to 48532, you will receive one additional message confirming that your request has been processed.
You can text HELP for help at any time to 48532. This will provide you with a URL and phone number to customer service (https://www.laurenshope.com/contact-laurens-hope and 1-800-360-8680). You can also contact us at Lauren’s Hope, 1425 Swift St, Suite 100, North Kansas City, MO, 64116.
Changes to Terms
These mobile terms and conditions are subject to change at any time without notice.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of [LAUREN'S HOPE, LLC's services] will be resolved by binding arbitration, rather than court.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and LAUREN'S HOPE, LLC hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LAUREN'S HOPE, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND LAUREN'S HOPE, LLC AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and LAUREN'S HOPE, LLC are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. LAUREN'S HOPE, LLC, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.