Alleyoop is a beauty and body brand. Through our Site we offer a variety of products and services, including our unique subscription service, which gives you the option for monthly, bi-monthly, or quarterly deliveries of beauty and body care products, directly to your door (each, “Subscriptions”). We provide Visitors and Members with access to our Site as described in this Agreement. “Visitors,” as the term implies, are people who do not register for membership with Alleyoop, but may visit the Site to view all publicly-accessible Content (as defined below), and to purchase products and Subscriptions (as defined below) without registering as Members. “Members” are people who choose to register with Alleyoop in order to view all publicly-accessible Content on the Site, purchase products and Subscriptions, manage their Subscriptions online, and take advantage of other promotions and offerings that we may provide to Members. Members are required to register and with us and create a username and password (“Login Credentials”). We are under no obligation to accept any individual as a Member, and may accept or reject any registration in our sole and complete discretion.
Subject to the terms of this Agreement, we grant Visitors and Members a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
You may use the Site only for your own noncommercial personal use and in compliance with this Agreement. Any other use of the Site requires the prior written consent of Alleyoop.2. Community Guidelines
Alleyoop’s community functions best when Members and Visitors follow a few simple rules. By accessing or using the Site, you hereby agree to comply with these community rules:
- You will not use the Site for any unlawful purpose or in violation of this Agreement;
- You will not use the Site or any services offered by Alleyoop to engage in any commercial activities, including, without limitation, advertising or promoting a product, service, or company;
- You will not upload, post, email, transmit, or otherwise make available any User Content (as defined below) that:
- infringes on any intellectual property, publicity or privacy right of another person or entity;
- is untrue, inaccurate, deceptive, misleading, or deceitful;
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information;
- You will not access or use the Site to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not use the Site to drop ship merchandise to third parties;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
- You will not attempt to interfere in any way with the Site, or Alleyoop’s network security, or attempt to use the Site’s service to gain unauthorized access to any other computer system, data, files, or passwords;
- You will not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute Content or data available on the Site, and, further, you will not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures;
- You will not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this Agreement;
- You will not frame portions of the Site within another web site;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Site; and
- You will not resell use of, or access to, the Site to any third party.
If you find something that violates our community guidelines, please let us know, and we will review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Site or the services offered through the Site, or any portion thereof, without notice, and to remove any User Content that does not adhere to this Agreement.3. Registration and Passwords for Members
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, product prices, promotions, offers, and availability. Alleyoop reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Site is inaccurate at any time without prior notice, even after you have received an order confirmation or shipping notification. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. Alleyoop reserves the right to revise our product offerings and/or discontinue products at any time without notice to you. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged).
All pricing on the Site is subject to change without notice. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner, and that you are purchasing the products for personal use only and not for resale. Alleyoop reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion in compliance with applicable law; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
You agree that by placing an order on the Site, you are entering into a binding contract with Alleyoop and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions. Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable. Shipping is only available to addresses within the United States.
Once an order is placed on the Site, you may cancel it any time before such order is shipped. In the case of a Subscription, you may cancel your Subscriptions in accordance with Section 5 below. Once an order has shipped, it cannot be canceled. All sales are final and may not be returned.
Alleyoop uses reliable third-party carriers such as USPS to deliver our products to you. You are responsible for the cost of all shipping unless Alleyoop agrees otherwise. All posted delivery times are approximations and actual delivery times may vary. Alleyoop shall not be liable for any damages (including, without limitation, any incidental or consequential damages) arising from its failure to deliver or delay in delivering products purchased through the Site. Further, Alleyoop shall not be responsible in the event that purchased products are unable to be delivered to you due to an incorrect shipping address, your failure or refusal to accept delivery, or for any other reason. If shipments are returned to us, we will attempt to contact you to arrange for re-delivery, and we reserve the right to impose additional shipping costs at our sole discretion. Notwithstanding the foregoing, Alleyoop does not guarantee that we will store or reship products to you once they are returned to our warehouse. Title and risk of loss to the products will pass to you upon our delivery of such products to the shipping carrier.5. Subscriptions
Alleyoop offers various product Subscriptions to both Members and Visitors, including monthly, bi-monthly (every other month), and quarterly recurring Subscriptions (“Recurring Subscriptions. The products included in a Subscription, and the purchase price of Subscriptions, are listed on the Site and may be modified by Alleyoop from time to time without notice to you.RECURRING SUBSCRIPTIONS
When you purchase a Recurring Subscription, you will be asked to select deliveries on a monthly basis, bi-monthly basis (every other month), or quarterly basis (every three months, though not necessarily totaling four deliveries per calendar year, because your Subscription may not follow a calendar-quarter schedule, and, therefore, the term “quarterly” as used herein does not refer to calendar quarters). Recurring Subscriptions commence on the date that you submit your first purchase order, and deliveries shall be made every month, every other month, or every three months, on approximately the same day of the month in which you submit such order.
Recurring Subscriptions are automatically renewed on a monthly, bi-monthly (every other month), or quarterly basis, as applicable. By purchasing a Recurring Subscription, you agree and acknowledge that your Subscription has an initial and recurring payment charge at the then-current Subscription rate, you agree that Alleyoop may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide notice to Alleyoop that you wish to cancel your Subscription or to change your payment method. You further accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Alleyoop after the expiration date of your payment card.
Members may cancel their Recurring Subscriptions at any time by logging into their accounts and following the cancellation procedures, or by emailing us at firstname.lastname@example.org. Visitors may cancel their Recurring Subscriptions at any time by emailing us at email@example.com.
Alleyoop reserves the right to change or discontinue Recurring Subscriptions at our discretion. We may make these changes at any time, with or without notice. Your continued participation in a Recurring Subscription will constitute your acceptance of this Agreement including the automatic renewal provisions above.6. Fraud Protection
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.7. Proprietary Rights
You acknowledge and agree that the content (other than User Content), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site (collectively, the “Content”) are the property of Alleyoop or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws both in the United States and in foreign jurisdictions. Unauthorized use of the Content may violate such copyright, trademark and/or other intellectual property laws. You have no rights in or to the Content, other than your own User Content, and you will not use the Content except as permitted under this Agreement. You may not sell, transfer, assign, license, sublicense, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any Content. You may not use the Content in any way for any public or commercial purpose.
The trademarks, service marks, and logos of Alleyoop, including “Alleyoop” and the Alleyoop logo (collectively, the “Alleyoop Trademarks”) are registered and unregistered trademarks or service marks of Alleyoop. Other company, product, and service names located on the Site may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the Alleyoop Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Alleyoop Trademarks inures to the benefit of Alleyoop.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state, federal, and national laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors.
Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under this Agreement are expressly reserved by Alleyoop.8. Communications to Us; User Content
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails you send us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
As noted above, we may provide users the ability to post and upload content including text, videos, and photos (“User Content”) to the Site. You expressly acknowledge and agree that once you submit User Content, it will be accessible by other Visitors and Members, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available. YOU, AND NOT ALLEYOOP, ARE ENTIRELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SITE.
You retain all copyrights and other intellectual property rights in and to your own User Content. By submitting or posting any such User Content, you hereby grant Alleyoop a perpetual, irrevocable, non-terminable, worldwide, royalty-free, non-exclusive, freely sublicensable (through multiple tiers) license to use, copy, distribute, publicly display, modify, create derivative works, compile, combine with other content, record, transmit, translate, format, and otherwise exploit (including for profit) any and all of your User Content, and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised, without compensation or attribution to you. You hereby represent, warrant and covenant that any User Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Alleyoop the license specified above. You further represent, warrant and covenant that any User Content you provide is your original creation (or that you otherwise have the right to provide the User Content) and that it and its use by Alleyoop and our content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property, privacy, publicity, or moral rights of any person or contain any libelous, defamatory, or otherwise unlawful, abusive or obscene material, or any content that violates our community guidelines set forth above.
We reserve the right to remove, or not to post, your User Content if it violates this Agreement including our community guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Use obscenities, discriminatory language, or other language not suitable for a public forum; Post advertisements, “spam” content, or references to other products, offers, or websites; Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information; Post unduly critical or spiteful comments of other content posted on the page or its authors; Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents; Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; or Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity. In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through User Content. Instead, contact us directly via email at firstname.lastname@example.org. Disclaimers
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SPECIFICALLY, BUT WITHOUT LIMITATION, ALLEYOOP DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ALLEYOOP DOES NOT REPRESENT OR WARRANT THAT THE INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY PRODUCT MANUFACTURERS OR SUPPLIERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.10. External Sites
The Site may contain links to third-party websites. Alleyoop makes no warranties of any kind regarding any such external websites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Alleyoop makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third-party websites. Alleyoop does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site. You should contact the site administrator or webmaster for those third-party websites if you have any concerns regarding such links or any content located on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.11. Site Not for Minors
The Site is available to Visitors and Members who are 13 years old and older and who have not been suspended or removed by Alleyoop for any reason. If you are a minor in your jurisdiction, you must obtain the consent of your parent or legal guardian to use the Site and agree to the Agreement.12. Indemnification
You agree to indemnify, hold harmless, and defend Alleyoop, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your illegal use of the Site, your violation of this Agreement, defamatory or infringing User Content posted to the Site by you, or your violation of any law or the rights of a third party. We shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.13. Limitation of Liability
EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF ALLEYOOP, IN NO EVENT SHALL ALLEYOOP, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF ALLEYOOP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF ALLEYOOP, IN NO EVENT SHALL THE TOTAL LIABILITY OF ALLEYOOP, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO ALLEYOOP IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.14. International Use
We control and operate the Site from the United States. The materials on the Site are not appropriate for use outside the United States. If you are located outside of the United States, you may not access or use the Site.15. Waiver; Remedies
The laws of the State of California shall govern this Agreement without regard to conflict of laws provisions.
THE SECTIONS BELOW TITLED “DISPUTES” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.17. Disputes
Any dispute relating in any way to your visit to, or use of, the Site or the Content, to the products you purchase through the Site (including a Subscription), or to your relationship to Alleyoop shall be submitted to confidential arbitration in Los Angeles, California; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California (as set forth in Section 18 below). Arbitration under this Agreement will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.18. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND ALLEYOOP AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Alleyoop agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.19. Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts closest to Los Angeles, California for purposes of any such action by us.20. Promotional Terms
Each promotional code is subject to the specific terms and conditions stated on the promotional code offer as well as these general terms and conditions. Each code expires at 11:59pm ET on the date stated in the promotional offer and while supplies last. This offer cannot be combined with any other promotional or offer codes. Discount applies pre-tax and cannot be applied to shipping charges or taxes. Offer is not valid on items not in stock at time of purchase. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. Must enter code at checkout to receive offer and no adjustments can be made on previous purchases. Offer subject to change.
21. Copyright Policy
If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
- Information reasonably sufficient to permit us to contact you;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
8721 Santa Monica Blvd, #407
West Hollywood, California 90069
22. Wholesale Terms & Conditions
All wholesale customers agree to the following terms and conditions.
Payment Options: All major credit cards accepted, including Visa, AMEX, Discover Card & Mastercard. Net 30 terms are only available with pre-approved credit by Alleyoop’s Finance Department. Credit limits are based on credit history and/or credit references. No C.O.D. orders are accepted.
Shipments: Standard shipping is Fedex, F.O.B. Los Angeles, CA. All other terms of shipping must be pre-approved and are subject to additional fees.
Return Policy: Returns are subject to the following conditions: a) Claims must be made within 30 days after receipt of shipped goods. b) No returns will be accepted without authorization of Alleyoop Sales Dept. c) A restocking fee of 25% applies. D) Return merchandise must be unused, in original packaging, and in resellable condition. Custom items are not refundable. E) We reserve the right to not accept damaged returns.
Prices, Terms & Conditions: All price are wholesale. Current prices, terms and conditions are subject to change without notice.
Minimum Advertised Price: Alleyoop strictly enforces a Minimum Advertised Price (MAP) Policy. By placing an order, the retailer formally accepts the MAP Policy and to adhere to our MSRP’s, as indicated in our Catalog and Price Sheet.
Prohibited Internet Sales: By placing an order, you agree not to offer or sell Alleyoop products directly or indirectly through any third-party web sites anywhere in the world, including but not limited to Amazon, eBay or Groupon. Alleyoop, Inc is the only official authorized seller of Alleyoop products on Amazon and other third-party marketplaces.
We regularly monitor all major third-party marketplaces in domestic and international markets, and actively participate in the Amazon.com Brand Registry Program and similar programs to prevent the advertising and sale of unauthorized, unlicensed, infringing, and/or counterfeit merchandise. Any unauthorized sales of Alleyoop products on Amazon or other sites will be removed as they are discovered. Ads from online sellers offering any auctions or advertising sales will also be regularly removed or taken down. If you are found to be selling on any third-party websites, you agree to be liable for all online revenues generated, monetary and non-monetary damage incurred to our brand, and the cost of our attorney fees to enforce this policy.
You may advertise Alleyoop products for sale on your own company website only upon written pre-approval by Alleyoop. Without written pre-approval, you are further prohibited from using Alleyoop brand and product images to advertise Alleyoop in the following channels: i) Google paid ads, ii) display ads, iii) Facebook paid ads, iv) Instagram paid ads, v) Pinterest paid ads, vi) video or television ads, vii) affiliate/coupon sites, and/or viii) comparison shopping sites or tools.
Products purchased on Amazon from any other source other than Alleyoop will not come with the same warranties, money-back guarantees, and customer service as intended by us, Alleyoop, the manufacturer.
Alleyoop’s warranties and return policy do not apply to products purchased through unauthorized resellers, including unauthorized sellers on Amazon.com, eBay.com, or other third-party marketplace websites. On Amazon.com, our warranty and return policy only applies to our own seller account, Alleyoop.
23. SMS/MMS Mobile Message Marketing Program Terms & 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. Message frequency varies.
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.
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 Alleyoop’s products. Messages may include checkout reminders.
Cost and Frequency: Message and data rates may apply. Message frequency varies. 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. Carriers are 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 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.
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.
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 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 Alleyoop’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.
24. Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including referral reward programs (“Additional Terms”), which Additional Terms are incorporated into and made part of this Agreement by reference. If there is a conflict between this Agreement and the Additional Terms, this Agreement shall control.
25. Referral Program
The referral program is limited to individuals only residing in the United States and the use of any bots or automated computer programs or processes for obtaining Referred Customers is prohibited. Alleyoop’s referral program cannot be used by businesses for affiliate lead generation or for other commercial purposes, as determined in Alleyoop’s sole discretion. Alleyoop reserves the right to disqualify individuals (including by refusing to honor earned Rewards) if Alleyoop suspects, in its sole and exclusive discretion, that such individuals are using the program in a fraudulent manner, violating these Terms and Conditions or the Agreement, or otherwise engaged in unlawful conduct. You acknowledge and agree that you will comply with all applicable laws, rules and regulations with respect to your participation in the referral program. Alleyoop reserves the right to suspend or cancel the referral program at any time, at its sole discretion, without notice to you. Upon cancellation of the program, any unclaimed Rewards will be forfeited by you. Alleyoop further reserves the right to modify these Terms and Conditions, in whole or in part, at any time in its sole discretion. Any such modifications shall be updated on the Site. These Terms and Conditions are subject to Alleyoop’s interpretation, and shall be applied by Alleyoop at its sole discretion. If you do not agree to the Terms and Conditions at any time, including after a modification has been made, you should stop participating in the referral program. Alleyoop does not offer any warranties, and disclaims all warranties, express or implied, with regard to the referral program and any rewards, or other goods or services offered in connection with the referral program. All Rewards are provided to Referrers “as is” and without warranty. Alleyoop does not guarantee that the Site, or your Referral Link, will be free of errors or interruptions.
If you have any questions please feel free to reach out to us at firstname.lastname@example.org.