We are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information (“Personal Information”) you share with us. “Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, personal profile, a home or other physical address, an email address or other contact information.
Consent and Modification
Receipt and Collection of Information
We receive and/or collect information from you in the following ways:
A. User Accounts
You may decide to create an Account and provide us with information such as your name, user name, email address, and a password that you will use for your Account and other specified information. It is your responsibility to keep your password confidential. If you are sharing a computer with anyone you should always log-out before leaving the Site to protect access to your information from subsequent users.
We may provide you, via the Site, with the opportunity to contact us, receive communications from us, or meet us at a conference, webinar or another program (collectively “Events”). In order to participate in any of these Events, you will be required to provide certain Personal Information which may include your name, company, job title, address, email address, and phone number.
C. Marketing and Promotions
If you choose to "Opt-In" for our messaging services, we may contact you via e-mail or SMS text messaging. We will not spam you; this is only for letting you know about restock, upcoming events, sales and promotions. You may "Opt-Out" at anytime by clicking the Unsubscribe link at the bottom of your email or replying "STOP" to any text you receive.
Sharing Your Personal Information
We will not sell personal information we collect on you with any 3rd party.
We may post customer testimonials/comments/reviews on our website which may contain personally identifiable information. We obtain the customer’s consent via email prior to posting the testimonial to post their name along with their testimonial.
The security of your personal information is important to us. When you enter sensitive information (such as a credit card number), we encrypt the transmission of that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Messaging Terms & Conditions
You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from Evil Hearts Club, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when joining or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Evil Hearts Club reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Evil Hearts Club also reserves the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Evil Hearts Club, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Reply STOP to cancel. After texting STOP you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Evil Hearts Clubs and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Evil Hearts Clubs through any other programs you have joined until you separately unsubscribe from those programs.
Mobile Phone Number Change
In the event that you change or deactivate your mobile phone number, you agree to notify Evil Hearts Clubs by emailing us at email@example.com.
If you are experiencing any problems, please email us at firstname.lastname@example.org
This message program is a service of Evil Hearts Clubs, located at Philadelphia, US.
- General. In the interest of resolving disputes between you and Evil Hearts Clubs in the most expedient and cost effective manner, you and Evil Hearts Clubs agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Evil Hearts Clubs or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Evil Hearts Clubs or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU ANDEvil Hearts Clubs ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Evil Hearts Clubs to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Evil Hearts Clubs will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Evil Hearts Clubs. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. If you or Evil Hearts Clubs intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Evil Hearts Clubs address for Notice is:Vincent Brown, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Evil Hearts Clubs will make good faith efforts to resolve the claim directly, but if you and Evil Hearts Clubs do not reach an agreement to do so within 30 days after the Notice is received, you or Evil Hearts Clubsmay commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Evil Hearts Clubs must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Evil Hearts Clubs will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Evil Hearts Clubs for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Evil Hearts Clubs agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Evil Hearts Clubs made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND Evil Hearts Clubs AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Evil Hearts Clubs agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Evil Hearts Clubs makes any future change to this arbitration provision, other than a change to Evil Hearts Clubs address for Notice, you may reject the change by sending us written notice within 30 days of the change to Evil Hearts Clubs address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Evil Hearts Clubs.
- Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to Messaging Terms
We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.