Terms of Service

Smalls Brand, LLC. Smalls Brand, LLC, operates our website, which includes all information, tools, and services available from this site to you. Throughout the site, the terms "we," "us," and "our" refer to Smalls Brand, LLC. Conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

 

You engage in our " Service " by visiting our site or purchasing something from us; you engage our "Service." You agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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.

 

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

 

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

 

ONLINE STORE TERMS

 

By agreeing to these Terms of Service, you represent 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.

 

GENERAL CONDITIONS

 

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

 

Encryption of credit card information transfers over networks. You involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. You understand that your content (not including credit card information) may be transferred unencrypted.

 

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

 

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

 

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

 

The material on this site is provided for general information only. It 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. We are not responsible if the information on this site is not accurate, complete, or current. 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.

 

MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice. 

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

 

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

 

PRODUCTS OR SERVICES (if applicable)

 

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

 

We made an effort to display colors and images of our products that appear at the store as accurately as possible. 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.

 

Any offer for any product or service made on this site is void where prohibited. All descriptions of products or product pricing are subject to change anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

 

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 roe wellness will correct any errors in the Service.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or order at our sole discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email or billing address/phone number provided when you have made the order. 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.

 

For more detail, please review our Returns Policy.

 

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 warranties, representations, or conditions. 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. You should ensure that you are familiar with and approve of the terms on which devices the relevant third-party provider(s) provides.

 

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

 

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 not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it. We will not have any liability or responsibility for any third-party materials or websites or 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 other transactions made with any third-party websites. Please carefully review the third-party's policies and practices and make sure you understand them before engaging in any transaction. Contact the third-party affiliation when you address complaints, claims, concerns, or questions regarding third-party products.

 

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

 

Suppose, at our request, you send certain specific submissions (for example, contest entries) or without a recommendation from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'). In that case, 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.

  3. To respond to any comments.

 

We have no obligation to monitor, edit or remove content that we determine in our sole discretion is 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 third party's right, including copyright, trademark, privacy, personality, or other personal or proprietary rights. 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 affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead third-parties as to the origin of any comments or us. 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.

 

PERSONAL INFORMATION

 

Our Privacy Policy governs your submission of personal information through the store to view our Privacy Policy.

 

ERRORS, INACCURACIES, AND OMISSIONS

 

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions related 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 change or update information or cancel orders if any information in the Service or on any related website is inaccurate 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 pricing information, except as required by law. No specified update or refresh date applied in the Service or any related website should indicate that all information in the Service or any related website modifies and updates.

 

PROHIBITED USES

 

Other prohibitions outlined in terms of Service, you are prohibited from using the site or its content:

  1. For unlawful purposes.

  2. To solicit others to perform or participate in any unlawful acts.

  3. To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

  4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

  5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

  6. To submit false or misleading information.

  7. 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 any related website, other websites, or the Internet.

  8. To collect or track the personal information of others.

  9. To spam, phish, pharm, pretext, spider, crawl, or scrape.

  10. For obscene or immoral purposes.

  11. To interfere with or circumvent the Service's security features 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 prohibited uses.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

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

 

We do not warrant that the results 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 or cancel the Service at any time, without notice to you.

 

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

 

In no case shall Smalls Brand, LLC, 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.

 

INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Smalls Brand, LLC 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.

 

SEVERABILITY

 

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

 

TERMINATION

 

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

 

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

 

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

 

ENTIRE AGREEMENT

 

The failure 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 regarding The Service constitute the entire agreement and understanding between you and us. They 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 previous versions of the Terms of Service).

 

Any ambiguities in interpreting these Terms of Service shall not construe against the drafting party.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM (INCLUDING CART REMINDERS) TERMS AND CONDITIONS

 

(a). When you opt-in to the Service, we will send you an SMS to confirm your signup. (b). you will use our messaging Service for marketing communications (including company updates, events, sales, shopping cart reminders, etc.) (c). You can cancel the SMS service—just text "STOP" to the shortcode. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, sign up as you did the first time, and we will start sending SMS messages to you again. (d). Suppose you forget what keywords are supported—just text "HELP" to the shortcode. After you send the SMS message "HELP" to us, we will respond with instructions on using our Service and how to unsubscribe. (e). We can deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Symmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages*** (f). Message and data rates may always apply for any messages sent to you and us from you. The frequency of messages may vary. If you have any questions about your text or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to hello@roewellness.com.

 

If you have any questions regarding privacy, please read our privacy policy: https://roewellness.com/pages/privacy-policy.

 

By consenting to roe Wellness‘s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

 

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

 

For any questions, please text HELP to the number you received the messages from. You can also contact us at hello@roewellness.com for more information.

 

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

 

Your right to privacy is important to us. You can see our Privacy Policy https://roewellness.com/pages/privacy-policy to determine how we collect and use your personal information.

 

Arbitration and Class Action Waiver Agreement:

 

Arbitration:

By using or purchasing roe Wellness products or services, you agree that any controversy, claim, action, or dispute between you and roe Wellness arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of  roe Wellness’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

 

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Salt Lake County, Utah, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of Utah, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

 

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of roe Wellnesss products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 12158 S. Life Science Court Draper, UT 84020. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with roe Wellness. You are responsible for ensuring roe Wellness’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

 

Class Action Waiver:

You and roe Wellness agree that you may bring or participate in Claims against roe Wellness only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and roe Wellness agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

 

GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of 12158 S. Life Science Court Draper, UT 84020.

 

CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service on this page.

 

At our sole discretion, we reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. 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. It is your responsibility to check our website periodically for changes.

 

Updated October 2023

 

CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at hello@roewellness.com.

 

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