Terms of Use

TERMS OF USE

updated 12/5/2023

 

Fruit of the Fruit, LLC (“Jessie's Magic Powder,” “Company,” “we,” “us,” or “our”) is the operator of the www.magicpowder.club website (the “Site”). By accessing, browsing or using this Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use (these “Terms”) and the terms and conditions of our Privacy Policy (the “Privacy Policy”), which are hereby incorporated by reference (collectively, the “Agreement”). If you do not agree to the terms and conditions of the Agreement, you should not use or access this Site.

Jessie's Magic Powder reserves the right to revise the Agreement at any time by updating the policies on our Site. You are encouraged to review the Agreement each time you use the Site because your use of the Site and Services (as defined below), including the purchase of any Merchandise (as defined below), after the posting of changes will constitute your acceptance of the changes. Capitalized terms not defined in these Terms shall have the meaning set forth in the Privacy Policy.

1. Description and Use of the Site

Jessie's Magic Powder is a beauty brand for womankind. Through our Site we offer a variety of products (“Merchandise”) and services (the Site and other services are hereinafter collectively referred to as the “Services”), including our unique subscription service, which gives you the option for monthly, bi-monthly, or quarterly deliveries of razors and body care products, directly to your door (each, “Subscriptions”). We provide Visitors and Members with access to our Site as described in this Agreement. “Visitors,” as the term implies, are people who do not register for membership with Jessie's Magic Powder, but may visit the Site to view all publicly-accessible Content (as defined below), and to purchase products and Subscriptions (as defined below) without registering as Members. “Members” are people who choose to register with Jessie's Magic Powder in order to view all publicly-accessible Content on the Site, purchase products and Subscriptions, manage their Subscriptions online, and take advantage of other promotions and offerings that we may provide to Members in our sole discretion. Members are required to register and with us and create a username and password (“Login Credentials”). We are under no obligation to accept any individual as a Member, and may accept or reject any registration in our sole and complete discretion.

Subject to the terms of this Agreement, we grant Visitors and Members a personal, limited, non-transferable, non-exclusive right to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the Merchandise and Services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or Services or restrict your access to part, or all, of the Site or Services without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

You may use the Site only for your own noncommercial personal use and in compliance with this Agreement. Any other use of the Site requires the prior written consent of Jessie's Magic Powder.

1. Registration and Passwords for Members

In order to access certain services on the Site as a Member, you will be required to create an account, which includes Login Credentials, and perhaps certain additional information that will assist in authenticating your identity when you login in the future (“Unique Identifiers”). When creating your account, you all information about you must be truthful and current, and you may not use any aliases or other means to mask your true identity. Each Login Credentials can be used by only one Member. Login Credentials should be safeguarded at all times. You are responsible for the security of your Login Credentials and will be solely liable for any use or unauthorized use of the Site under such Login Credentials, including for any communications and User Content entered through the Site using such Login Credentials. You shall promptly inform us of any need to deactivate a Login Credential or change any Unique Identifier. We reserve the right to delete or change your Login Credentials and/or Unique Identifiers at any time for any reason. Jessie's Magic Powder will not be liable for any loss or damage caused by any unauthorized use of a Member’s account. We may suspend or terminate your access to and use of the Site and Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at hello@magicpowder.club. Upon any termination, discontinuation or cancellation of the services or your account, the following Sections will survive : 4 (only for payments due and owing to Jessie's Magic Powder prior to the termination), 7, 8, 9, 10, 13, 14, 16, 17, 18, and 20. To understand how we use information collected from you, please read our Privacy Policy.

1. Community Guidelines

Jessie's Magic Powder’s community functions best when Members and Visitors follow a few simple rules. By accessing or using the Services, you hereby agree to comply with these community rules:

• You will not use the Services for any unlawful purpose or in violation of this Agreement;
• You will not use the Services or any services offered by Jessie's Magic Powder to engage in any commercial activities, including, without limitation, advertising or promoting a product, service, or company;
• You will not upload, post, email, transmit, or otherwise make available any User Content (as defined below) that: -- infringes on any intellectual property, publicity or privacy right of another person or entity; -- is untrue, inaccurate, deceptive, misleading, or deceitful; -- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or -- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information;
• You will not access or use the Services to collect any market research for a competing business;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not drop ship Merchandise to third parties;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
• You will not attempt to interfere in any way with the Services, or Jessie's Magic Powder’s network security, or attempt to use the Services to gain unauthorized access to any other computer system, data, files, passwords, or non-public areas of the Services;
• You will not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute Content or data available on the Services, and, further, you will not use any such automated means to manipulate the Services, such as automating what are otherwise manual or one-off procedures;
• You will not collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• You will not take any action to interfere with, or disrupt, the Services or any other user's use of the Services, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Services, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this Agreement;
• You will not use, display, mirror, or frame the Services portions of the Services within another web Services;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Services; and
• You will not resell use of, or access to, the Services to any third party; and
• You will not encourage or enable any other individual to do any of the foregoing.

If you find something that violates our community guidelines, please let us know, and we will review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Site, Services, or any portion thereof, without notice, and to remove any User Content that does not adhere to this Agreement. We have the right to investigate violations of these Terms or conduct that affects the Services, including with appropriate authorities.

1. Transactions; Orders and Cancellations; Shipping

Both Members and Visitors have the ability to purchase Merchandise and services made available through the Site (each such purchase, a "Transaction"). If you want to make a Transaction, you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. We accept payment for all purchases through third-party payment processors. You agree to be bound by and accept the terms and conditions of those third parties. For information about how we use your credit card and billing information, including how we share it with third-party payment processors and vendors, please visit our Privacy Policy.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, product prices, promotions, offers, and availability. Jessie's Magic Powder reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Site is inaccurate at any time without prior notice, even after you have received an order confirmation or shipping notification. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. Jessie's Magic Powder reserves the right to revise our product offerings and/or discontinue products at any time without notice to you. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged).

All pricing on the Site is subject to change without notice. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner, and that you are purchasing the products for personal use only and not for resale. Without limiting these Terms, Jessie's Magic Powder reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion in compliance with applicable law; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

You agree that by placing an order on the Site, you are entering into a binding contract with Jessie's Magic Powder and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions. Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable. Shipping is only available to addresses within the United States.

Once an order is placed on the Site, you may cancel it any time before such order is shipped. In the case of a Subscription, you may cancel your Subscriptions in accordance with Section 5 below. Once an order has shipped, it cannot be canceled. All sales are final and may not be returned.

Jessie's Magic Powder uses reliable third-party carriers such as USPS to deliver our products to you. You are responsible for the cost of all shipping unless Jessie's Magic Powder agrees otherwise. All posted delivery times are approximations and actual delivery times may vary. Jessie's Magic Powder shall not be liable for any damages (including, without limitation, any incidental or consequential damages) arising from its failure to deliver or delay in delivering products purchased through the Site. Further, Jessie's Magic Powder shall not be responsible in the event that purchased products are unable to be delivered to you due to an incorrect shipping address, your failure or refusal to accept delivery, or for any other reason. If shipments are returned to us, we will attempt to contact you to arrange for re-delivery, and we reserve the right to impose additional shipping costs at our sole discretion. Notwithstanding the foregoing, Jessie's Magic Powder does not guarantee that we will store or reship products to you once they are returned to our warehouse. Title and risk of loss to the products will pass to you upon our delivery of such products to the shipping carrier.

1. Subscriptions

Jessie's Magic Powder offers various product Subscriptions to both Members and Visitors, including monthly, bi-monthly (every other month), and quarterly recurring Subscriptions (“Recurring Subscriptions”), and prepaid gift Subscriptions for a set duration of either three (3) shipments over the course of six (6) months or six (6) shipments over the course of twelve (12) months (“Gift Subscriptions”). The products included in a Subscription, and the purchase price of Subscriptions, are listed on the Site and may be modified by Jessie's Magic Powder from time to time without notice to you.

RECURRING SUBSCRIPTIONS

When you purchase a Recurring Subscription, you will be asked to select deliveries on a monthly basis, bi-monthly basis (every other month), or quarterly basis (every three months, though not necessarily totaling four deliveries per calendar year, because your Subscription may not follow a calendar-quarter schedule, and, therefore, the term “quarterly” as used herein does not refer to calendar quarters). Recurring Subscriptions commence on the date that you submit your first purchase order, and deliveries shall be made every month, every other month, or every three months, on approximately the same day of the month in which you submit such order.

Recurring Subscriptions are automatically renewed on a monthly, bi-monthly (every other month), or quarterly basis, as applicable.

__By purchasing a Recurring Subscription, you agree and acknowledge that your Subscription has an initial and recurring payment charge at the then-current Subscription rate, you agree that Jessie's Magic Powder may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide notice to Jessie's Magic Powder that you wish to cancel your Subscription or to change your payment method. You further accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Jessie's Magic Powder after the expiration date of your payment card.

Members may cancel their Recurring Subscriptions at any time by logging into their accounts and following the cancellation procedures, or by emailing us at hello@magicpowder.club. Visitors may cancel their Recurring Subscriptions at any time by emailing us at hello@magicpowder.club.

Jessie's Magic Powder reserves the right to change or discontinue Recurring Subscriptions at our discretion. We may make these changes at any time, with or without notice. __Your continued participation in a Recurring Subscription will constitute your acceptance of this Agreement including the automatic renewal provisions above. __

GIFT SUBSCRIPTIONS

Gift Subscriptions are Subscriptions purchased by an individual as a gift for another individual. The purchaser shall select the duration and frequency of delivery of the Gift Subscription, which shall be either: (a) three (3) deliveries over the course of a six (6) month period (deliveries bi-monthly), or (b) six (6) deliveries over the course of a twelve (12) month period (deliveries bi-monthly). Gift Subscriptions expire at the end of such six (6) month or twelve (12) month period, as applicable, and are not automatically renewed. The purchaser shall prepay for the entire duration of the Subscription at the time of purchase, at the then-current Subscription rate. Neither the purchaser nor the recipient of a Gift Subscription has the ability to cancel such Gift Subscription once it has been ordered, and all prepaid fees are non-refundable.

We reserve the right to revoke your Subscription at any time as a result of a violation of the Agreement.

1. Fraud Protection

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity. The measures listed in this Section 6 are not exhaustive, and the exercise of any rights or remedies will be without prejudice to (and we expressly reserve) all other rights and remedies we may have at law or otherwise.

1. Proprietary Rights

You acknowledge and agree that the content (other than User Content), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Services (collectively, the “Content”) are the property of Jessie's Magic Powder or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws both in the United States and in foreign jurisdictions. Unauthorized use of the Content may violate such copyright, trademark and/or other intellectual property laws. You have no rights in or to the Content, other than your own User Content, and you will not use the Content except as permitted under this Agreement. You may not sell, transfer, assign, license, sublicense, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any Content. You may not use the Content in any way for any public or commercial purpose.

The trademarks, service marks, and logos of Jessie's Magic Powder, including “Jessie's Magic Powder” and the Jessie's Magic Powder logo (collectively, the “Jessie's Magic Powder Trademarks”) are registered and unregistered trademarks or service marks of Jessie's Magic Powder. Other company, product, and service names located on the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the Jessie's Magic Powder Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Jessie's Magic Powder Trademarks inures to the benefit of Jessie's Magic Powder.

Elements of the Services are protected by trade dress, trademark, unfair competition, and other state, federal, and national laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors.

Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site or Services. All rights not granted under this Agreement are expressly reserved by Jessie's Magic Powder.

1. Communications to Us; User Content

Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails you send us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.

As noted above, we may provide users the ability to post and upload content including text, videos, and photos (“User Content”) to the Site. You expressly acknowledge and agree that once you submit User Content, it will be accessible by other Visitors and Members, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available. YOU, AND NOT Jessie's Magic Powder, ARE ENTIRELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SITE.

You retain all copyrights and other intellectual property rights in and to your own User Content. By submitting or posting any such User Content, you hereby grant Jessie's Magic Powder a perpetual, irrevocable, non-terminable, worldwide, royalty-free, non-exclusive, freely sublicensable (through multiple tiers) license to use, copy, distribute, publicly display, modify, create derivative works, compile, combine with other content, record, transmit, translate, format, and otherwise exploit (including for profit) any and all of your User Content, and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised, in connection with our provision of the Services and without compensation or attribution to you. You hereby represent, warrant and covenant that any User Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Jessie's Magic Powder the license specified above. You further represent, warrant and covenant that any User Content you provide is your original creation (or that you otherwise have the right to provide the User Content) and that it and its use by Jessie's Magic Powder and our content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property, privacy, publicity, or moral rights of any person or contain any libelous, defamatory, or otherwise unlawful, abusive or obscene material, or any content that violates our community guidelines set forth above.

We reserve the right to remove, or not to post, your User Content if it violates this Agreement including our community guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Use obscenities, discriminatory language, or other language not suitable for a public forum; Post advertisements, “spam” content, or references to other products, offers, or websites; Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information; Post unduly critical or spiteful comments of other content posted on the page or its authors; Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents; Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.

In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through User Content. Instead, contact us directly via email at Hello@magicpowder.club.

 

1. DISCLAIMERS

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SERVICES. THE SERVICES AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SERVICES OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SPECIFICALLY, BUT WITHOUT LIMITATION, Jessie's Magic Powder DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SERVICES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Jessie's Magic Powder DOES NOT REPRESENT OR WARRANT THAT THE INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SERVICES IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY PRODUCT MANUFACTURERS OR SUPPLIERS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

Any information provided by us regarding the Merchandise or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Services. Use of the Services is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

1. Proper Use of the Merchandise; Release.

IF YOU CHOOSE TO PURCHASE AND USE THE MERCHANDISE, YOU AGREE AND UNDERSTAND THAT YOU ARE DOING SO AT YOUR OWN RISK. YOU AGREE THAT Jessie's Magic Powder, ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, AND AFFILIATES, AND THEIR SUCCESSORS AND ASSIGNS (THE “Jessie's Magic Powder PARTIES”) WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, FOR YOUR FAILURE TO USE THE MERCHANDISE FOR THE PURPOSES AND IN THE MANNER INTENDED AND YOU HEREBY RELEASE THE Jessie's Magic Powder PARTIES FROM ANY AND ALL LIABILITY AND RESPONSIBILITY RELATING TO YOUR FAILURE TO DO SO.

1. External Sites

The Services may contain links to third-party websites. Jessie's Magic Powder makes no warranties of any kind regarding any such external websites to which you may be directed or hyperlinked from the Services. Hyperlinks are included solely for your convenience, and Jessie's Magic Powder makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third-party websites. Jessie's Magic Powder does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Services. You should contact the site administrator or webmaster for those third-party websites if you have any concerns regarding such links or any content located on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

1. Site Not for Minors

The Services are available to Visitors and Members who are 13 years old and older (or such other minimum age at which you can provide consent to data processing under the laws of your territory) and who have not been suspended or removed by Jessie's Magic Powder for any reason. If you are a minor in your jurisdiction, you must obtain the consent of your parent or legal guardian to use the Services and agree to the Agreement.

1. Indemnification

You agree to indemnify, hold harmless, and defend the Jessie's Magic Powder Parties and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your illegal use of the Services and Merchandise, your violation of this Agreement, defamatory or infringing User Content posted to the Services by you, or your violation of any law or the rights of a third party. We shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

1. Limitation of Liability

IN NO EVENT SHALL Jessie's Magic Powder, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE SERVICES BE LIABLE TO ANY USER OF THE SERVICES OR MERCHANDISE, OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE MERCHANDISE OR SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF Jessie's Magic Powder HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT SHALL THE TOTAL LIABILITY OF Jessie's Magic Powder, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THE SERVICES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES OR MERCHANDISE, WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE GREATER OF THE AMOUNT YOU INDIVIDUALLY PAID TO Jessie's Magic Powder IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY OR FIFTY DOLLARS ($50). You hereby acknowledge that the preceding paragraph shall apply to all content, Merchandise and services available through the Services.

1. International Use

We control and operate the Site from the United States. The materials on the Services are not appropriate for use outside the United States. If you are located outside of the United States, you may not access or use the Site or Services.

1. Waiver; Remedies

The failure of Jessie's Magic Powder to partially or fully exercise any rights or the waiver of Jessie's Magic Powder of any breach of this Agreement by you shall not prevent a subsequent exercise of such right by Jessie's Magic Powder or be deemed a waiver by Jessie's Magic Powder of any subsequent breach by you of the same or any other term of this Agreement. The rights and remedies of Jessie's Magic Powder under this Agreement and any other applicable agreement between you and Jessie's Magic Powder shall be cumulative, and the exercise of any such right or remedy shall not limit Jessie's Magic Powder’s right to exercise any other right or remedy. Except as expressly agreed by us and you in writing, this Agreement (including the Terms and the Privacy Policy), together with any Additional Terms (as defined below) constitutes the entire agreement between you and Jessie's Magic Powder with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

1. Governing Law

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you Jessie's Magic Powder are not required to arbitrate will be the state and federal courts located in the Southern District of New York, and you and Jessie's Magic Powder each waive any objection to jurisdiction and venue in such courts.

1. DISPUTE RESOLUTION

A. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Jessie's Magic Powder agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Jessie's Magic Powder are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

B. Exceptions. As limited exceptions to Section 18(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

C. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

D. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you.

E. Injunctive and Declaratory Relief. Except as provided in Section 18(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

Class Action Waiver. YOU AND Jessie's Magic Powder AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

G. Severability. With the exception of any of the provisions in Section 18(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

1. Copyright Policy.

Jessie's Magic Powder respects copyright and intellectual property law. If you believe that any content on the Services infringes or violates your rights, please don’t hesitate to contact us at hello@magicpowder.club.

1. Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any such action by us.

1. Assignment.

You may not assign or transfer these Terms, by operation of law or otherwise, without Jessie's Magic Powder’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Jessie's Magic Powder may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

1. Promotional Terms

Each promotional code is subject to the specific terms and conditions stated on the promotional code offer as well as these general terms and conditions. Each code expires at 11:59pm ET on the date stated in the promotional offer and/or while supplies last. This offer cannot be combined with any other promotional or offer codes. Discount applies pre-tax and cannot be applied to shipping charges or taxes. This offer is valid for one subscription per customer during the term of the promotion. Offer is not valid on items not in stock at time of purchase. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. Must enter code at checkout to receive offer and no adjustments can be made on previous purchases. Offer subject to change. Cannot be combined with any other promo codes or retroactively applied to past purchases. Terms are subject to change without notice. Jessie's Magic Powder reserves the right to modify or cancel this promotion at any time. Offer valid only in the U.S.

1. Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site or Services, including membership reward programs (“Additional Terms”), which Additional Terms are incorporated into and made part of this Agreement by reference. If there is a conflict between this Agreement and the Additional Terms, this Agreement shall control.

Thanks for reading. If you have any questions please feel free to reach out to us at hello@magicpowder.club.