Terms of service
INTELLECTUAL PROPERTY
Jasco® and Enbrighten® are registered trademarks of Jasco Products Company LLC. All content displayed or performed on the Services, including, but not limited to, applications, software and/or services that are designed to operate with the Services, text, graphics, articles, photos, images, illustrations, User Submissions, and so forth is the property of Jasco and protected by U.S. and international copyright laws, and other intellectual property laws. You understand that Jasco owns the Services and all associated intellectual property.SUPPLY CHAIN
Jasco policy prohibits conducting business with suppliers who utilize child or forced labor, or who engage in human trafficking. All direct suppliers are contractually prohibited from utilizing child or forced labor, or engaging in human trafficking, and are audited to confirm their compliance. Direct suppliers also contractually represent and warrant all product materials comply with applicable laws. Jasco maps its supply chain, requires written certification of compliance, conducts periodic audits to confirm supplier compliance with its policy. Any direct suppliers who violate the Code of Conduct are subject to penalty, including termination of the relationship.LIMITED LICENSES
Subject to your compliance with these Terms and Conditions of Use and Privacy Policy, Jasco grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. No Services, nor any part of any Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without written approval of Jasco.The Services may allow you to copy or download certain content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply.The licenses granted by Jasco terminate if you do not comply with these Terms and Conditions of Use in addition to the Privacy Policy set out below.SERVICE DESCRIPTIONS AND UPDATES
Jasco provides services as featured. We attempt to be as accurate as possible. However, we do not warrant that descriptions are accurate, complete, reliable, current, or error-free. If a product or service offered by Jasco itself is not as described, your sole remedy is to return it for a replacement or refund if any is owed.The Services may change over time, as we improve it over time. At any time, we may suspend, discontinue, impose, or remove limits of use, or restrict access to all or part of the Services. Some such changes to the Services may render hardware devices, third-party services, configurations, or software setups inoperable. We may make such changes at our sole discretion and with or without notice. You understand that Jasco owns the Services. You will not attempt to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services.YOUR ACCOUNT
You may visit our websites without registration. However, you need an account and provide relevant personal information upon registration in order to access the Services. You can delete or suspend your account, and we will keep or delete your account based on this Agreement.You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.CANCELLING ORDERS
If for some reason you need to change or cancel your order, please contact us as soon as possible as most orders are processed within 30 minutes. If order processing has already started or shipped, we will not be able to cancel or make changes to the order. Our customer service team can assist you if you need to create a return for your order once it arrives. For more information on your order, please contact us at (800) 654-8483.REVIEWS, COMMENTS, AND OTHER CONTENT
You may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Jasco reserves the right (but not the obligation) to remove or edit such content at its sole and exclusive discretion. If you do post content or submit material, and unless we indicate otherwise, you grant Jasco a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Jasco and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Jasco for all claims resulting from content you supply. Jasco has the right but not the obligation to monitor and edit or remove any activity or content. Jasco takes no responsibility and assumes no liability for any content posted by you or any third party.PROMOTIONS
Promotional offers are valid for purchase and shipment in the contiguous U.S. only. If coupon code is required, discount will be applied when you enter the coupon code during the shopping cart process (case-sensitive). Offers may only be redeemed once. Limit one use per customer. Sales tax and shipping excluded. Dealers, distributors and other re-sellers are not eligible for offers. Additional terms, conditions, products, pricing and offers subject to change without notice. Offers cannot be combined. Not redeemable for cash or valid toward previous purchases. Price match refunds are not eligible with any other promotions or in the case that a promotional item goes out of stock. Free shipping is valid in the contiguous U.S. only for purchases totaling $50 or more after discount application in the same order. If you choose another shipping option, additional charges will apply. Find more information on promotions and exclusions here.FEES
We may require payment of fees for certain portions of the Services. You may elect to subscribe to such features. If you elect to subscribe to such features, you shall pay the fees described within such features. We may change the prices and institute new changes upon ten days prior notice to you. This notice may be delivered by email to you or by a post on the Services. Use of the Services by you following such notification constitutes your acceptance of any or new changed charges.RESTRICTIONS
During your use of the Services, you may create connections between our hardware devices, third-party hardware devices, our Services, and/or third-party services. You agree that you will not connect to the Services any hardware devices or third-party services in any manners that could be dangerous to any person(s), or which could cause damage to or loss of any property.You may not use the Services or interact with the Services in a manner that:- Infringes or violates the intellectual property rights or any other rights of anyone else;
- Violates any law or regulation;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your account or anyone else’s;
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs any form of auto-responder or “spam” on the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page or portion of the Services (through use of manual or automated means);
- Copies or stores any significant portion of the Content (as defined below);
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services.
THIRD-PARTY SERVICES
You accept that Jasco is not responsible for the risks you take associated with links or connections to third-party applications or services. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties. In addition, a link to any third-party website, service, or App does not imply Jasco endorses the site or the products or services referenced therein.CHANGES TO TERMS
These Terms and Conditions of Use and Privacy Policy may change at any time during our Services. In the event of a change, we may post the notice with the App or website and may also send you an email. If you do not agree with any of the changes, you may reject them. However, you cannot use the Services thereafter. Your continued use of the Service after a change of Terms and Conditions of Use and Privacy Policy means you agree to all the changes.Changes, amendments, or modifications to the Terms and Conditions of Use or Privacy Policy are ineffective, unless they are made by us and updated as described herein, or they are made in writing and signed by both you and us.TERMINATION
You are free to stop using the Services at any time. You understand and agree that we may or may not delete your Content if you stop using the Services. Account termination may result in destruction of any Personal Submissions and/or Device Submissions associated with your account; however, you understand and agree that we may retain copies of such Content indefinitely. If we elect to terminate your account, we will try to provide advance notice to you prior to termination so that you are able to retrieve any important Content stored in your account. You understand and agree that we may provide no advanced notice for any reason, but usually because it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Jasco.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 these Terms shall otherwise remain in full force and effect and enforceable.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
SERVICES PROVIDED JASCO ARE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. JASCO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.TO THE FULL EXTENT PERMISSIBLE BY LAW, JASCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JASCO DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM JASCO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, JASCO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.ELECTRONIC COMMUNICATIONS
When you use Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.ASSIGNMENT
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Jasco’s prior written consent. We may transfer, assign, or delegate these Terms and Conditions of Use and our rights and obligations without consent.DISPUTES AND APPLICABLE LAW
These Terms are governed by and will be construed under the laws of the State of Oklahoma, without regard to the conflicts of law provisions thereof. Any dispute or claim relating in any way to your use of any Services, or to any products or services sold or distributed by Jasco will be resolved by binding arbitration, rather than in court. Any dispute or claim shall be finally settled in Oklahoma City, Oklahoma, in accordance with the Streamlined Arbitration rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”), then in effect, by one commercial arbitrator, who shall be selected from the appropriate list of arbitrators in accordance with those procedures.Judgment upon the award rendered by such an arbitrator shall be binding and may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction and venue in the state or federal courts located in, respectively, Oklahoma County, Oklahoma, or the United States Federal District Court for the Western District of Oklahoma.SITE POLICIES, MODIFICATION, AND SEVERABILITY
PLEASE REVIEW OUR OTHER POLICIES INCLUDING WARRANTIES POSTED ON WWW.BYJASCO.COM. THESE POLICIES ALSO GOVERN YOUR USE OF JASCO SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES TO OUR SITE, POLICIES, SERVICE TERMS, AND THESE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY AT ANY TIME. IF ANY OF THESE TERMS SHALL BE DEEMED INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, THAT CONDITION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING CONDITION.CONTACT US
Jasco Product Company LLC10 E. Memorial Road
Oklahoma City, OklahomaAttn: Enbrighten App Coordinator
Use of This Website is governed by these terms and conditions
Please take a few minutes to review these Terms and Conditions. The use of this Website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use jascoproducts.com or anything pertaining to Jasco Products Company and/or it's licensing partners. Jasco is a registered trademark of Jasco Products CompanyThese Terms and Conditions May Change
Jasco Products Company reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website.Copyright Notice
All of the Content you see and hear on this Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Jasco, one of its affiliates or by third parties who have licensed their materials to Jasco Products Company.The Content of this Website and the site as a whole are intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Jasco reserves complete title and full intellectual property rights in any Content you download from this Website.Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Jasco Products Company.Limitation of Liability
Although Jasco strives for accuracy in all elements of the Site Material, it may contain inaccuracies or typographical errors Jasco makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this Web Site or about the results to be obtained from using the Web Site. You use the Web Site and its material at your own risk. Jasco cannot be responsible for the violation of these terms by users, or for the reliance by users upon false or misleading material submitted by other users.Colors, Design and Packaging
We have made every effort to display as accurately as possible the colors, design and packaging of our products that appear on the Site. However, as the actual colors, design or packaging you see will largely depend on your monitor. We cannot guarantee that the exact color, design and packaging directly corresponds with the product you receive after purchase. Though we strive to meet every effort to mail the exact color, design and packaged product you see on the site, circumstances out of Jasco's control may dictate color, design and packaging changes.Enbrighten Mobile SMS/Text Communications
Terms of Service
Last updated: September 23, 2025
The Enbrighten mobile App message service (the "Service") is operated by Jasco Products Company LLC (“Jasco,” “we,” or “us”). Your use of the Service constitutes your agreement to these terms (“Mobile Terms”). We may modify or cancel the Service or any of its features at any time without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms, and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of those changes.
By opting into receiving SMS/text communications, you agree to receive recurring SMS/text messages from the Service through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Messages may be sent using an automatic telephone dialing system or other technology.
Messages may include: Service-related messages: order updates, account alerts, and other transactional information. Promotional messages: special offers, product launches, cart reminders, and other marketing content.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase. Your opting into receiving SMS/text messages as part of this program is completely voluntary.
Message frequency may vary depending on your interactions with us. We do not charge for the Service, but message and data rates may apply. You are solely responsible for any charges or fees imposed by your wireless provider. Please check your mobile plan and contact your provider for details.
You may opt out of the Service at any time by: Texting STOP to +1 (877) 745-7538, or Clicking the unsubscribe link (where available) in any message.
After opting out, you will receive a one-time confirmation message. No further messages will be sent unless you re-enroll.
For help, text HELP to +1 (877) 745-7538 or email support@byjasco.com.
If you are subscribed to multiple Enbrighten messaging programs, you must opt out of each program individually unless otherwise required by law.
By opting in, you provide express written consent to receive marketing messages from Jasco. This consent is obtained through a clear affirmative action (e.g., checking a box or clicking a button) and is retained for at least four years in accordance with the Telephone Consumer Protection Act (TCPA).
The Service is supported by major U.S. wireless carriers. However, carriers are not liable for delayed or undelivered messages. You agree to provide a valid mobile number and to notify us if your number changes.
Where required by law: Messages will only be sent between 8:00 AM and 9:00 PM local time. In states like Oklahoma, message frequency may be limited to three messages per topic per 24-hour period. We will not send messages to numbers listed on state or federal Do Not Contact registries unless express written consent through opting in to receiving the messages has been provided.
Messages will not contain or promote content that is: Unlawful, abusive, or fraudulent. Related to Sex, Hate, Alcohol, Firearms, or Tobacco (SHAFT), or otherwise illegal or inappropriate content.
We may change the short code or phone number used to operate the Service. If we do, we will notify you. Messages sent to an outdated number may not be received, and we are not responsible for honoring requests sent to such numbers.
To the extent permitted by law, we are not liable for: Failed, delayed, or misdirected message delivery. Errors in message content. Any actions you take or do not take based on the Service.
We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages.
We respect your privacy. For details on how we collect, use, and protect your personal information, please review our Privacy Notice: https://byjasco.com/privacy-policy.
Enbrighten Me Mobile Message Program Terms and Conditions
Last updated: 2nd July 2026
The Enbrighten Me mobile message program (the "Program") is operated by Jasco Products Company (“Enbrighten Me”, “we”, or “us”). Your use of the Program constitutes your agreement to these terms and conditions (“Mobile Terms of Service”) and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may modify or cancel the Program or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms of Service at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.
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 enrolment forms. By consenting to Enbrighten Me’s SMS/text messaging Program, you agree to receive recurring SMS/text messages from and on behalf of Enbrighten Me through your wireless provider to the mobile number you provided. Text messages may be sent using an automatic telephone dialing system or other technology. 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 autodialler, 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 “autodialler”). Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Enbrighten Me. Your participation in this program is completely voluntary.
User Opt Out
You may opt-out of the Program at any time. Reply the single keyword command STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT (or if French speaking - ARRET, DESABONNER, ANNULER, or FIN) or click the unsubscribe link (where available) in any text message to opt out of the Program. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.
You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT (or if French speaking - ARRET, DESABONNER, ANNULER, or FIN) keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Enbrighten Me and its service providers will have no liability for failing to honor such requests. 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.
If you have subscribed to other Enbrighten Me mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Program support or assistance, reply HELP or support@byjasco.com.
We may change any short code or telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
Program Description:
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Sale of consumer lighting and smart home products. Messages may include checkout reminders.
Cost and Frequency:
Message and data rates may apply. We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
Message frequency varies. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
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. The wireless carriers supported by the Program are not liable for delayed or undelivered messages.
You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Program.
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 sensitive or special category personal data including racial or ethnic origin data, political opinions data, religious or philosophical belief data, trade union membership data, genetic or biometric data (for the purpose of uniquely identifying a natural person), health data and sex life or sexual orientation data
- Any personal data of people aged under 18 without parental consent.
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution (SMS recipients in the USA only): In the event that there is a dispute, claim, or controversy between you and Us, or between you and Klaviyo_oauth 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 Oklahoma City 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 Enbrighten Me's principal 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 THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties 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.
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.
State Law:
Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.
Oklahoma: We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is an Oklahoma area code. You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by sending written notice to Us. Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.
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.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy. We may share certain information with our service providers, including Klaviyo_oauth, as described in our Privacy Policy