Be Prepared Terms of Service

Last Updated: March 31, 2026

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

These Terms of Service (“Terms”) apply to your access to and use of beprepared.com (the “Website”), our mobile applications,  and other online products and services (collectively, our “Services”) provided by Be Prepared - Emergency Essentials (“Emergency Essentials,” “Company”, “we” or “us”). If you use our Services to purchase any of the goods we offer for sale via our Services (collectively, our “Products”), such purchase is governed by these Terms, including the Terms of Sale in Section 10 below.

By creating an account, purchasing any of our Products, or otherwise accessing the Website or using our Services, you agree to be bound by these Terms, including the mandatory arbitration provision and class action waiver in Section 17. If you do not agree to these Terms, do not use our Services.

IF YOU ARE IN THE UNITED STATES:  In addition to the above, by creating an account, purchasing any of our Products, or otherwise using our Services, you agree to be bound by the mandatory arbitration provision and class action waiver in Section 17.

We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

If you have questions about the Terms, our Product or an order you have placed, please contact us at 888-579-6849, [email protected] or 1175 South Meridian Park Road, Suite B, Salt Lake City, Utah 84104, United States.

1. Privacy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

2. Eligibility

You must be at least 18 years of age (or the age of legal majority where you live) to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.  By using the Website and our Services, you represent and warrant that you meet all of the foregoing eligibility requirements.  

3. User Accounts and Account Security

You may be able to register for an account to access certain features of our Services. If you register for an account, you may be asked to provide certain registration details or other information. You must provide accurate, current, and complete account information and promptly update this information if it changes. You also must maintain the security of your account (including your password and username) and promptly notify us if you discover or suspect that someone has accessed your account without your permission or if you become aware of any other breach of security. You alone are responsible for all activity that occurs on our Services under your password or username.  We reserve the right to disable or reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

4. User Content

Our Services may allow you and other users to create, post, store and share content, such as messages, text, photos, videos, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Company.

You grant Company and any subsidiaries and affiliates a perpetual, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on our Services, you understand that your User Content and any associated information (such as your first name associated with a product review or caption associated with a photo you share) will be considered non-confidential and non-proprietary as it may be visible to others. You understand and agree that You are solely responsible for Your User Content and You have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. 

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason without notice.  We are not responsible or liable to any third party for the content or accuracy of any User Content posted by You or any other user of the Services.

5. Prohibited Content and Conduct

You may only use the Website and the Services for lawful purposes and in accordance with these Terms.  You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Products and our Services. You will not:

• Sell, resell or commercially use our Products or our Services without our authorization;

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity or the origin of any material transmitted through the Services;

• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;

• Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;

• Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data (including personal information such as email addresses) from our Services;

• Upload, post, email or otherwise transmit material that constitutes unsolicited communications, spam or other forms of solicitation;

• Develop or use any applications that interact with our Services without our prior written consent;

• Introduce any viruses, malware, corrupted data, or other harmful, disruptive, or destructive files or codes;

• Bypass or ignore instructions contained in our robots.txt file; or

• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

• Impersonates or misrepresents your affiliation with any person or entity;

• Contains any unsolicited promotions, political campaigning, advertising or solicitations;

• Contains any private or personal information of a third party without such third party’s consent;

• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

• In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Company or others to any harm or liability of any type.

Enforcement of this Section 5 is solely at our discretion, and failure to enforce this Section 5 in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules.

6. Ownership; Limited License

This Website, and its entire contents, features, and functionality, including any text, graphics, images, photographs, videos, illustrations and other content contained therein (collectively, the “Website Content”), are proprietary property owned by Company or our licensors and are protected under United States, Canadian and foreign laws. 

Except as explicitly stated in these Terms, all rights in and to the Services and the Website Content are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.  Such prohibited use is a breach of these Terms and may violate copyright, trademark, and other applicable laws.

7. Trademarks

Be Prepared and Emergency Essentials, along with our other logos, product or service names, slogans, and designs are trademarks or registered trademarks of Company or its affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

8. Feedback; Reviews

You may voluntarily communicate to us any questions, comments, testimonials, reviews, suggestions, ideas, original or creative materials or other information about the Company, our Products, or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that Feedback is nonconfidential and shall become the sole property of the Company. 

You represent and warrant that you are the owner or have sufficient rights to share the Feedback with us.  You are solely responsible for the Feedback you submit.

9. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services, including links to third-party websites or resources (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content, and for convenience purposes only. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Company does not own, control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

10. Terms of Sale

The Term of Sale set forth in this Section 10 applies to the purchase of Products using our Website and the Services. By purchasing a Product via our Website or Services or shopping in stores that carry our Products, you accept and agree to be bound by these Terms of Sale.  If you do not agree to these Terms of Sale, do not purchase Products via the Services.

1. Order Eligibility

To complete your purchase, you must have a valid billing and shipping address within a country that can be selected for the billing and shipping addresses as part of the checkout process on the Services. For more details on shipping, please see our Shipping & Returns Policy.

1. Product Availability, Display, and Specifications

Details of Products available for purchase are set out on our Website or Services. All features, content, descriptions and prices of our Products described or depicted on the Website or Services are subject to change at any time without notice. We attempt to ensure that information on the Services is complete, accurate, and current. Despite our efforts, the information on the Services may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy or currency of any information on the Website or Services. For example, Products included on the Website or Services may be unavailable or may have different attributes or ingredients than those listed.

We make reasonable efforts to publish information and display Product images accurately, but we cannot guarantee that the image you see on your monitor or mobile device will exactly match the Product. Packaging and labeling may vary from that shown and may contain more and/or different information from that shown on the Website or Services. You should not solely rely on the information presented on the Website or Services and should always read labels, warnings, and directions for safe use on the labeling and package you receive before using any of our Products.

1. Purchase Restrictions and Quantity Limits

You may only purchase Products for personal use by either yourself or your intended recipient of the Products. The Products purchased through the Services are not authorized for resale.  We may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.

1. Order Process; Errors

You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. We will send you an email acknowledging your order shortly after you place it, and our acceptance will be complete at the time we send such email. We will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss in any Products you purchase pass to you when the shipping carrier receives the goods from Company. Shipping options and availability of promotions like free shipping may not be available for all locations or address types. Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.

We reserve the right to refuse or cancel any order prior to delivery. For example, if there are errors on the Website or Services or made in connection with your order, inaccuracies in Product or pricing information or Product availability, we reserve the right to correct the error and charge you the correct price or cancel your order or to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the website is inaccurate. We also may require verification of information prior to the acceptance and/or shipment of any order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product may be delayed. In such an event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.

In the event you use an artificial intelligence agent, automated shopping bot, or any third-party software (“AI Agent”) to place an order, you agree that you are solely responsible for all actions taken by the AI Agent.  Any order placed by an AI Agent shall be treated as if you placed the order personally.  It is your responsibility to ensure the accuracy of the order, including the shipping address and product type. Errors made by your AI Agent or automated tools are not the responsibility of the Company. 

1. Prices & Shipping

Prices shown on the Website and Services exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the check-out page.  You will have an opportunity to review taxes and delivery costs before you confirm your purchase. Each item in your shopping bag is shown at the current price.  All prices on the Website or Services are subject to change at any time without notice. 

For Canadian customers, estimated applicable customs, duties, and taxes will be calculated and displayed at checkout. By placing an order, you authorize Emergency Essentials to collect these fees and remit them on your behalf. Please note that final assessments are subject to change based on the final assessments as determined by the Canada Border Services Agency (CBSA). The Company is not responsible for any additional administrative fees charged by the carrier for customs clearance. 

1. Payment

The Website and Services give you several payment options. We reserve the right to change the payment options we offer at any time and for any reason. Payment must be received by us before our acceptance of an order. When you provide credit card information or other information necessary to facilitate payment for your order, you represent that (a) you are the authorized and have the legal right to use the credit card or account that is used to pay for the purchase of our Products, (b) the credit card or account information you supply is true, correct and complete, (c) charges incurred by you will be honored by your credit card company, and (d) you have sufficient funds or credit available to pay the amounts due; and (e) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Credits or refunds will be made to the same method of payment and account used to place the order or can be issued as store credit if you select that option.

1. Return Policy and Procedure

OUR RETURN POLICY IS IN ADDITION TO ANY STATUTORY RIGHTS YOU MAY HAVE UNDER LAW. For more details on returns, please see our Shipping & Returns Policy.

We hope that you will be pleased with the Products you purchase using our Website or Services. However, if for any reason you decide to return a Product that you purchased via the Website or Services, we extend a thirty (30) day, no questions asked return policy on unopened, unused Products.  To be eligible for a return and refund, the following conditions apply:

• You must initiate your return within thirty (30) days from the date you purchased the Product(s) by calling us at 888-579-6849 or emailing us at [email protected]. Our US based staff is available Mon–Fri 8am–10pm | Sat–Sun 9am–9pm (EST).
  
  

• The Products must be returned unopened, unused, and in their original packaging and condition.
  
  

• You may choose any shipping carrier for the return shipment as you are responsible for all shipping return costs. 
  
  

• Original shipping fees will not be refunded. If you received free or discounted shipping fees, initial shipping charges actually incurred by the Company will be deducted from the refund.  Our customer service team will provide you with the exact amount that will be deducted (if any).
  
  

• Mail the Product(s) to 1175 South Meridian Park Road, Suite B, Salt Lake City, Utah 84104, United States with the receipt or proof of purchase. 

We recommend that you use a trackable shipping service or purchase shipping insurance.  We do not guarantee that we will receive your returned Product and we are not responsible for any lost or stolen items.  Company does not take title to returned Products until the Product is received by Company. 

Once the Product has been received and processed and the Company determines that such Product is eligible for a return, Company will issue a refund to the original payment method used to purchase the Product. Refunds cannot be issued to alternate payment methods.  The refund amount will include the purchase price of the returned Product and any associated sales tax, less the initial shipping charges incurred by the Company. Unless prohibited by law, any shipping and handling charges paid for the original purchase will not be refunded.

The following are not eligible for returns or refunds: 

• Company will not accept returns of products purchased from other retailers (including Amazon). Any Company-branded products purchased from other retailers are subject to that retailer’s return policies, and Company disclaims any liability with respect to the return of such products. 
  
  

• Due to the complexities of international shipping and customs clearance, all orders shipped outside of the United States are final sale.  Company does not accept returns, refunds, or exchanges for Canadian or other international orders at this time.
  
  

• Any Product that is returned without all original packaging and accessories, including the retail box and all other items originally included with the Product at the time of delivery. 

It is important that you submit your return in accordance with this Section. Company reserves the right to decline a refund or return if the Product you send to us fails to meet any of the criteria set forth in this Section. In such case, we will not be responsible for returning that ineligible Product to you. Company has no obligations with respect to such ineligible Products.

1. Defective or Incorrect Items

If a Product other than what was ordered is inadvertently delivered by the Company, or if a Product has a manufacturing defect, it may be eligible for a replacement within 30 days of purchase, subject to our verification. Please contact our customer care team as soon as possible to report these issues at either 888-579-6849 or [email protected]. 

A Product is not considered “inadvertently delivered” if the delivery matches the information provided at checkout.  You are solely responsible for the accuracy of the shipping address and order details.  

1. Refused Shipments

If a shipment is refused at the time of delivery or remains unclaimed at a local carrier facility, it will be treated as a return as detailed above.  Any additional charges or fees associated with the refused shipment will be deducted from the Product refund.  In the event the return shipping costs and fees exceed the value of the Product(s), the package may be abandoned by the carrier, and no refund will be issued. 

11. Price Match Guarantee

We offer a price match guarantee on qualifying items, subject to the terms outlined within this Section.  If we lower our online Product price (including for sales to Canada) within fourteen (14) days of your purchase of the same Product, we will match our lower price, upon request, with an online store credit of the cost difference.

A Product will qualify for the price match guarantee if it satisfies all of the following requirements: 

• The Product must have been purchased on the Be Prepared Website.  The price match guarantee does not apply for Products sold through third-party websites, retail stores, or other locations where the Product may have been purchased. 

• The Product must be an individual item that has had its listed price reduced by the Company.  

• The price reduction must reduce the price of the identical item, including, if applicable, size, color, and SKU.

• The original receipt and proof of reduced price must be provided.  If we are unable to verify the reduced price, we may decline the request.

The following limitations and exclusions apply:

• The price match guarantee is limited to a single quantity of the item.   For example, if ten units of an individual Product are purchased in bulk, the price match guarantee shall only apply to one of the units. 

• One price match per identical item, per customer. 

• The price match guarantee may not be applied for any BOGO sales, Bundle, or Free Gift promotions.

• Discount or promo codes applied in checkout are not subject to a price match guarantee. 

• The price match guarantee does not apply if the reduced price is a result of a typographical error. 

• The price match guarantee only covers the reduced price of the Product.  Sales tax and/or shipping fees are not factored into the reduced price. 

12. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Company and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Company Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Products, the Website, or Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Products, the Website, or Services. You will promptly notify Company Parties of any third-party Claims, cooperate with Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). The Company Parties will have control of the defense or settlement, at our sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company or the other Company Parties.

13. Disclaimer of Warranties and Release

Your use of our Products, our Website, or our Services is at your sole risk. Except as otherwise set forth in Section 14 below or provided in a writing by us, our Products, our Website, and our Services and any content therein are provided “as is” and “as available” without warranties or conditions of any kind, either express or implied. Except as otherwise provided within these Terms, the Company disclaims all representations, warranties, conditions, and duties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Company does not represent or warrant that our Website or Services are accurate, complete, reliable, current or error-free. While Company attempts to make your use of our Website or Services and any content therein safe, we cannot and do not represent or warrant that our Website or  Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

You understand that there may be unplanned system outages or downtimes resulting in the unavailability of the Website.  The Company maintains no responsibility and is not liable for any such downtime or unavailability.  To the fullest extent permitted by applicable law, you release Company and the other Company Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to (a) your use of our Products, the Website, or Services; (b) disputes between users of our Website and Services; and (c) the acts or omissions of third parties.

Some jurisdictions (which may include the Province of Quebec) do not allow or limit the exclusion of certain warranties, so the disclaimers and limitations above may not apply to you to the extent applicable law so requires. Some jurisdictions (which may include the Province of Quebec) may impose additional warranties for consumer contracts, which may be applicable to you depending on your jurisdiction of residence or where you purchased the Product.

14. Limitation of Liability

To the fullest extent permitted by applicable law, Company and the other Company Parties will not be liable to you under any theory of liability, arising out of or in connection with your access or use of the Website or the Services, whether based in contract, tort, negligence, strict liability, warranty, or otherwise, including for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Company or the other Company Parties have been advised of the possibility of such damages.

Regardless of the form of action, in no event will Company and the other Company Parties be liable for any amount of damages in excess of the fees actually paid by you to Company for the specific Product(s) that directly caused the damage, except that for any claims unrelated to the Products, such as any claims arising out of or relating to these Terms or our Services, the total aggregate liability of Company and the Company Parties is limited to the greater of US$100.

The limitations set forth in this Section 15 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

15. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. For more details on transferring of personal information, please see our Privacy Policy.

16. Dispute Resolution; Binding Arbitration

IF YOU ARE IN THE UNITED STATES:

Please read this Section 17 carefully because it requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and Company agree that any dispute arising out of or related to these Terms, our Products, or our Services is personal to you and Company and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or Company seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms, our Products, or our Services resolved in court. Instead, for any dispute or claim that you have against Company or relating in any way to our Products or Services, you agree to first contact Company and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Company by email at [email protected] or by certified mail addressed 1175 South Meridian Park Road, Suite B, Salt Lake City UT 84104, United States. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Company cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Salt Lake City, Utah, United States, or may be conducted telephonically or via video conference for disputes alleging damages less than $5,000, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). For purposes of this Section 17, you will be deemed a “consumer” if you use our Products and Services for your personal, family or household purposes. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and Company agree that these Terms affect interstate commerce, and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitrator, Company, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and Company agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, we will pay all JAMS fees and costs. You and Company agree that the state or federal courts of the State of Utah and the United States sitting in Salt Lake City, Utah, United States have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and Company will not have the right to assert the claim.

Opt-Out. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 17 by emailing us at [email protected] or by certified mail addressed 1175 South Meridian Park Road, Suite B, Salt Lake City, Utah 84104, United States. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.

IF YOU ARE IN CANADA:

For any dispute or claim that you have against Company or relating in any way to our Products or Services, you agree to first contact Company and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Company by email at [email protected] or by certified or registered mail addressed to 1175 South Meridian Park Road, Suite B, Salt Lake City UT 84104, United States. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Company cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to litigation.

Severability. If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.

17. Alternative to Arbitration

If you are a resident of a jurisdiction that prohibits arbitration agreements or class action waivers in consumer contracts and these Terms are deemed to be a consumer contract, the portions of these Terms related to arbitration will not apply to you. Instead, the exclusive jurisdiction and venue of any claim will be the state and federal courts located in the State of Utah, United States and each of the parties hereto waives any objection to jurisdiction and venue in such courts. If you are a resident of a jurisdiction that prohibits the application of Utah, United States law in a consumer contract, these Terms will be governed by the laws of your jurisdiction of residence and the non-exclusive venue of any claim will be in the courts of your jurisdiction of residence.

18. Language

It is the express wish of the parties that the Terms and all related documents, including notices and other communications, be drawn up in the English language only. Il est la volonté expresse des parties que cette convention et tous les documents s’y rattachant, y compris les avis et les autres communications, soient rédigés et signés en anglais seulement.

19. Governing Law and Venue

IF YOU ARE IN THE UNITED STATES:

Any dispute arising from these Terms and your use of the Products or Services will be governed by and construed and enforced in accordance with the laws of Utah, United States except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Utah or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Utah and the United States, respectively, sitting in Salt Lake City, Utah, United States.

If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not be applicable to you (but only to the extent that local law conflicts with this section).

IF YOU ARE IN CANADA:

Any dispute arising from these Terms and your use of the Products or Services will be governed by and construed and enforced in accordance with the laws of the province/territory in which you reside. Any dispute between the parties will be resolved in the provincial courts of the province in which you reside or, whether applicable, in the Federal Court sitting in the province in which you reside.

20. Modifying and Terminating our Services

We reserve the right to modify our Products or Services or to suspend or stop providing any of our Products or all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

21. SMS Programs

This section applies to you if you choose to participate in one of Company’s short message service programs (“SMS Program”). By participating in the SMS Program, you expressly consent to receive automated text messages from Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided to us or any other phone number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. If you do not agree to the terms of this section, you must immediately discontinue your participation in the SMS Program by following the below cancellation instructions.

The SMS Program may include recurring and nonrecurring text messages related to promotions, products, events, cart reminders, special offers, or other Company-related news, as well as other information that we think will be of interest to you. Standard message and data rates may apply to any messages sent to you from us and to us from you. Message frequency will vary. Company 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. Company 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.  We are able to deliver messages to certain mobile phone carriers, including without limitation the following: AT&T, Sprint, T-Mobile, Verizon. Company reserves the right to add or remove eligible mobile phone carriers from the SMS Program from time to time. Company, its service providers, and the mobile carriers supported by the SMS Program are not liable for delayed or undelivered messages.

Cancellation. You can cancel your participation in the SMS Program at any time. Just text the keyword "STOP" to our short code. After texting STOP to our short code, we will send you a text message to confirm 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 Company and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our SMS Programs, you may continue to receive text messages from Company through any other SMS Programs you have joined until you separately unsubscribe from those SMS Programs.

Help. If at any time you forget what keywords are supported, just text “HELP” to the short code. After you text HELP to the short code, we will respond with our customer care information.  

Customer Care. If you have any questions about the SMS Program, contact our customer care team at 888-579-6849, [email protected] or 1175 South Meridian Park Road Suite B, Salt Lake City UT 84104, United States.

22. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

23. Miscellaneous

The failure of Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.