Terms and Conditions of Lunchskins
By using this website, you agree to be legally bound by all of the terms and conditions contained herein (“Terms and Conditions”). We reserve the right to change or modify all or any portion of this site, including any and all Content (as defined below and including these Terms and Conditions), merchandise or services featured on this site, at any time in our sole discretion. If you disagree with any change that we may make to these Terms and Conditions, your sole recourse is to discontinue your use of this site.
OWNERSHIP OF SITE CONTENT - COPYRIGHTS, TRADEMARKS, AND RESTRICTIONS ON USE
All designs, merchandise, photographs, graphics, illustrations, articles, text, video and audio, all other copyrightable material, all patents, trademarks, trade names, service marks, logos and domain names, and all other forms of intellectual property on this site (“content”), are owned by 3greenmoms LLC, or third parties, and are protected from unauthorized use, copying and dissemination by patent, copyright, trademark, publicity and other laws and international treaties. All rights to the content are expressly reserved by 3greenmoms LLC. 3greenmoms llc grants to you a non-exclusive, limited purpose license to access and view this site, and to print selected pages that appear on this site for your own personal reference and non-commercial use, but not to otherwise use the content in any manner not expressly authorized in these terms and conditions. Unauthorized use, copying, reproduction, modification, republishing, uploading, downloading, posting, transmitting, distributing or duplicating, or any other misuse, of any of the content is strictly prohibited. As a user of this site, you agree not to use the content for any unlawful purpose, and not to violate 3greenmoms LLC rights, or any third party owner’s rights, in and to the content. 3greenmoms ® and lunchskins are registered trademarks of 3greenmoms LLC. Links to Other Sites This website contains hyperlinks to sites operated by other parties for your convenience. Unless we specifically say so, we do not endorse the Third Party Websites or anything on them. Because we have no control over these sites, we cannot take responsibility for their operation or for the content or merchandise featured on or made available through them. You should carefully review the terms and conditions of use and privacy policies associated with these sites before making any use of them, particularly because these sites may make use of your personally identifiable information in ways inconsistent with these Terms and Conditions. 3greenmoms is not responsible or liable for any losses or damages incurred as a result of your dealings with any third-party website.
INFORMATION COLLECTION AND USE
By using this website, you consent to the collection and use of information as set forth herein. If you do not agree, in whole or in part, please do not use this website. 3greenmoms LLC is the sole owner of all information collected on this site. The information that you supply to us enables us to better service your requests, to facilitate our communications with you, and to improve our overall customer service capabilities. The information that we collect from you is used entirely and only by us, except in cases where we use third parties to perform certain functions for us, such as credit card processing, order fulfillment, package delivery or data analysis. In these cases, we provide such third parties with access only to the information that is necessary for them to perform the specific tasks for which they are responsible, and they are not authorized to retain, share, store or that information for any other purpose. We will not share your information with, or sell or rent your information to, any other party for any reason. In the event that we contemplate using your information for any purpose other than those outlined above, we will notify you and provide you with an opportunity to choose not to share your information in the manner contemplated.
WHAT WE COLLECT
We may collect the following information: -Name -Contact information including email address -Demographic information such as zipcode, preferences and interests -Other information relevant to customer surveys and/or offers.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. Cookie section info
GOOGLE ANALYTICS AND DEMOGRAPHICS & INTEREST REPORTING
We use Google Analytics Demographics tracking on our site to collect non-identifiable, demographic information about our visitors. This information is not personally identifiable and is strictly confidential, and is only used internally to help improve the quality of our site and content to better match the needs of our visitors. Our Google Analytics tracking code supports Display Advertising, which means your non-identifiable demographic information can be used to target ads to your across Google’s display network. If you would like to opt-out of such personalized advertising, you may do so at any time by customizing your Google Display Network Ads Settings. We do not facilitate the merging of personally-identifiable information with non-personally identifiable information collected by the Display Advertising features of the DoubleClick cookie. All demographic information is strictly anonymous.
DISCLAIMER OF WARRANATIES AND LIMITATIONS ON LIABILITY
3greenmoms LLC products and this website are provided by 3greenmoms on an “as is” and “as available” basis. 3greenmoms LLC makes no representations and warranties of any kind, express or implied, with respect to products, services, or this site other than those expressly set forth herein. We do not make any other representations or express warranties. Except for duties of good faith, we disclaim all other warranties, conditions and duties, express, implied or statutory, including but not limited to any (if any) implied warranties, duties or conditions: (a) of merchantability, of fitness for a particular purpose or use, of results, and of accuracy, completeness, privacy or security; and (b) created by trade usage, course of dealing or course of performance. We further disclaim all duties to you, if any such duties exist, including but not limited to reasonable care, workmanlike effort, and lack of negligence. 3greenmoms LLC does not warrant that this site, the servers on which it resides or e-mail sent from this site will be free of viruses or other harmful components. 3greenmoms LLC will not be liable for damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, consequential or punitive damages. In no event will 3greenmoms LLC, or any party involved in creating, producing, or delivering our products or this site, be liable for any damages of any kind arising from the use of our products or this site, even if we have been previously advised of the possibility of any damages. Because certain states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, you may have additional rights. Indemnification You agree to indemnify and hold harmless 3greenmoms LLC, and its directors, officers, employees, contractors and suppliers (“Indemnified Parties”), from and against any and all claims, demands, actions, proceedings and damages, including without limitation reasonable attorneys’ fees and costs, that may be incurred by any of the Indemnified Parties and that arises from or relates to your use of this site.
We are required to charge all applicable state and local sales tax on orders shipped to Maryland, and Virginia addresses. If we ship your order outside of Maryland, or Virginia, you are responsible for any applicable sales tax.
GOVERNING LAWS AND DISPUTES
These Terms and Conditions will be governed by and construed in accordance with the laws of the state of Maryland, without regard to its principles of conflicts of laws. Any dispute arising between us shall be brought before any court located within the State, City and County of Maryland having jurisdiction over such a dispute. By using this site you irrevocably submit to the jurisdiction of the above-mentioned Maryland courts for purposes of resolving any such dispute, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
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.
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 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.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;</li>
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Bethesda, Maryland 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 Lunchskins’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.