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Terms of service

Last updated April 13th, 2026

TERMS OF USE

SAXX Underwear ("SAXX") operates online through the websites www.saxxunderwear.com and www.saxxunderwear.ca ("the Site"). Use of the Site is regulated by the terms and conditions that appear below and as outlined in our Privacy Notice and Cookie Notice. These terms and conditions can be modified at any given time by SAXX.

In using the Site, you are acknowledging to have read and understood these terms of use in full. Should you not want to be bound by these terms of use, please do not use the Site.

SAXX operates the Site out of its business in Vancouver, in the Province of British Columbia, in Canada. Canadian and British Columbia laws govern the Site. For anything to do with this policy please contact SAXX at:

SAXX AT WEWORK
2015 Main Street
Vancouver, BC
V5T 3C2 

or email: info@saxxunderwear.com

GENERAL CONDITIONS OF SALE

The following terms are applicable to purchases made through the Site for products available through the Site. From time to time, SAXX may change or alter these terms which will be applicable to orders placed on or after the effective date stated by SAXX. By placing an order, you agree to be bound by and accept these terms. All e-Gift Card purchases are considered FINAL SALE.

Terms & Conditions

All sale items are FINAL SALE and cannot be returned or exchanged. All e-Gift Card purchases are considered FINAL SALE.

All returns are handled on a case-by-case basis and ultimately at SAXX’s discretion, including determining whether an item is unworn and unwashed, with the intent of providing the best experience to our customers.

Potential fraud or abuse of SAXX policies, including excessive or unreasonable returns, may result in the rejection of current and future transactions or returns.

SAXX reserves the right to change the First Pair Guarantee, Return and Warranty policy without notice to its customers and will not be held responsible for any loss or damage suffered as a result of such changes. Other exceptions may apply.

Placing an Order

To be able to place an order you must be the owner or authorized holder of a valid payment card, 18 years of age or older, and not barred from using the Site under applicable laws.

If you choose to create an account, you will be asked to create a personal user identification (your username) and password. It is important that you always keep your password protected and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password.

If you receive confirmation of an order via email from the Site, this does not constitute that an order has been accepted by SAXX, or that there is an offer to sell. SAXX reserves the right, without any prior notice, to refuse service to any customer and/or limit the ordered quantity of any item ordered. Verification of any personal or credit card information may be required at any time by SAXX before accepting any order.

Once SAXX has received your order, we will send you an order confirmation via email with your order number and details of the items that you have ordered. We will continue to communicate electronically with you via email regarding the shipping status of your purchase. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.

Please allow at least 1-2 business days for order processing before your order is shipped. Handling times may increase during peak seasons.

For shipping, please allow at least the following business days for transit:

North America:

Standard - 5-7 business days
Express - 2-3 business days

International

By placing an order on our site, you acknowledge it is your responsibility to comply with your local authorities import restrictions and laws.

Standard: Standard shipping is not available to all countries. Click here for a guide to international services. Transit times will vary from country to country. The delivery time of your package may be affected by customs clearance.

Express: Express Shipping is not available to all countries. Transit times will vary from country to country. Click here for a guide to international services. The delivery time of your package may be affected by customs clearance.

Delivery times do not include Saturday, Sunday, or Holidays.

Change or Cancel Order

As we aim to ship your order as quickly as possible, we regret that it is usually not possible for us to handle change or cancel requests once an order has been submitted. Please ensure that you have verified your order details prior to submission, especially the billing and shipping address. SAXX can be contacted during business hours but if we are unable to facilitate an order change or cancellation request, you may process a return under our Comfort Guarantee policy.

Payment

Payment will be made by a payment method approved by SAXX, or by PayPal. Approved payment methods are listed at check out. Your payment method will not be accepted under the following conditions:

  1. The name on the credit card does not match the billing address provided.
  2. The billing address given does not match the bank records.

The Order confirmation email that is sent to you after checkout is the proof of purchase and we highly recommend that you save a copy of that document for future reference.

SAXX must receive payment in full for the order before the order can be shipped.

Pricing & Taxes

  1. The price charged for each item that is ordered will be the price that is in effect at the time the order is placed on the Site.
  2. Charges for shipping and duties/import taxes are not included in the price, please check your shopping cart prior to checking out.
  3. SAXX will charge sales tax where required to do so by law. The required charges will be calculated upon the order total and displayed in your order confirmation.
  4. Sales Tax and shipping will be itemized in your shopping cart and on your order confirmation email.
  5. SAXX reserves the right to change prices of products offered on the Site at any time, without prior notice.
  6. For North American customers: orders shipping in Canada will be charged in Canadian dollars. Orders shipping in USA will be charged in US dollars.
  7. For International customers: payment on orders shipping outside of North America is collected in the currency selected by you when you begin your transaction. This is calculated on a US dollar base amount. For the purposes of international shipping paperwork, the base amount declared on the commercial invoice will be indicated in US Dollars.
  8. For International customers: your country's customs office may charge you import duties and taxes on the US Dollar base amount. The fees incurred for customs clearance are the sole responsibility of the recipient of the parcel and will be charged upon arrival. SAXX has no control over these charges.

Shipping

SAXX will deliver the products ordered by you to the shipping address that you transmit at the time of your order. If the shipping address on the order is incorrect, SAXX will not be held liable. Please ensure that you check that the shipping address is correct prior to submitting your order.

Deliveries will be sent out by SAXX as soon as possible following the acceptance of your order, depending on which method of delivery you chose on the Site. The waiting period and charges for the ordered products, any sales taxes and delivery fees are assessed the moment the orders are submitted and accepted on the SAXX site. If a product becomes unavailable after the order has been submitted and accepted, a credit for that product will be issued back to the original method of payment.

You automatically become the owner of the product you have ordered the moment SAXX hands them to the carrier. As of then, you will assume all risks related to the product ordered, and SAXX will not be held accountable for their loss or damage.

If an order cannot be delivered and is returned to SAXX undelivered, we consider that you have exercised your right to cancel the contract. We will refund you in accordance with our return policy when an undelivered package is returned.

SAXX shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.

Delivery of products is subject to the rules of the delivery companies with which SAXX does business, at this time, Canada Post, Purolator, FedEx, USPS, UPS, as well as any other company rules with whom SAXX may do business with from time to time. You are in particular subject to the rules concerning a signature acknowledging receipt of products. Should signature be required and you are absent from the location where you requested delivery, you shall be responsible for the recovery of the products according to the rules of the delivery company.

If the contents of an order that you received does not match the items that you ordered, or if your order is incomplete, please contact our customer service team within 48 hours of receipt on 1-844-877-7299 (English & French language services available) or email info@saxxunderwear.com.

Onward Shipping Protection — Terms & Conditions

By selecting Onward Shipping Protection at checkout, you agree to the following terms:

  1. Final Sale Once Shipped
    Onward Shipping Protection is considered final sale once your order has shipped. After an order enters fulfillment or has been dispatched, the protection fee is non-refundable, regardless of whether the coverage was added intentionally or in error.

  2. Opt-In Is Binding After Shipment
    If you choose to opt in to Onward Shipping Protection during checkout, the fee becomes non-refundable once the order has shipped. Requests to remove or refund the protection can only be accommodated before the order is fulfilled.

  3. Partial Fulfillment
    In rare cases where an order can only be partially fulfilled, the Onward Shipping Protection fee remains non-refundable after shipment. Coverage applies to all shipped items within the order, and the fee will not be prorated or refunded for unfulfilled items.

  4. Protection Coverage
    Onward Shipping Protection helps safeguard your package against loss, theft, and damage in transit. For full details on coverage and how to file a claim, please refer to Onward’s official policy.

First Pair Guarantee Policy

SAXX provides a comfort guarantee on your first purchase of underwear only. If you are not satisfied with your product for any reason, we will make it right. After 30 days from purchase, this policy no longer applies.

The First Pair Guarantee applies to your first single pair of underwear purchased directly from SAXX or a SAXX authorized retailer. Apparel with underwear-like liners and multi-packs of underwear are excluded. Proof of purchase is required

Please seeThe First Pair Guarantee Policy for full details.

If you have any questions please contact us on 1-844-877-7299 (English & French language services available) or email info@saxxunderwear.com to discuss with an agent.

Warranty Policy

SAXX offers a six-month warranty on products purchased directly from SAXX or from a SAXX authorized retailer within six months of purchase. Items can only be exchanged and not refunded.

If your warranty claim is accepted, we'll share next steps with you.

To make sure we have the information we need to support your request, please email info@saxxunderwear.com and fill out our warranty form:

  1. Provide detailed descriptions of the quality issue(s) and photos of the item.
  2. Have your photos ready and saved in JPEG format.
  3. Make sure you have your order number or in-store itemized receipt handy.

Unauthorized Returns

Any item sent to SAXX without prior authorization from our Customer Service team — including returns, exchanges, or warranty submissions — is considered an unauthorized return. Unauthorized items cannot be processed, will not be returned, and will be disposed of upon receipt. By sending an item without authorization, the sender agrees to forfeit the product.

Inventory

It is possible that your order may be delayed before being shipped to you, while we wait for one or more out-of-stock items to become available.

SAXX does not guarantee the availability of inventory for products offered on the Site. If SAXX is unable to deliver a product that you have ordered due to insufficient inventory, SAXX will advise you by email and refund your original method of payment the value paid for the product that is not available due to insufficient inventory.

SAXX will not under any circumstances be responsible for any damage you may suffer due to insufficient inventory.

Mobile Terms of Service

The SAXX mobile message service (the "Service") is operated by SAXX Underwear Co LTD. ("SAXX", "we", or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to SAXX's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of SAXX 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. Text messages may be sent using an automatic telephone dialing system or other technology. 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 SAXX. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. 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.

You may opt-out of the Service at any time. Text the single keyword command STOP to 21567 or click the unsubscribe link (where available) in any text message to cancel. 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. If you have subscribed to other SAXX 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 Service support or assistance, text HELP to 21567 or email info@saxxunderwear.com.

We may change any short code or telephone number we use to operate the Service 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.

The wireless carriers supported by the Service 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 Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

Responsibility

In the case where responsibility of SAXX to you may be held, such responsibility shall be limited to an amount of money equivalent to the prices you paid for the products returned. Notwithstanding the proceeding, nothing in this article may have for effect to limit any right you may have as a consumer with respect to one or other of the laws of public order that maybe applicable to you.

Errors and Inaccuracies

Though it is our priority to provide you with complete, current, and accurate information, our Site may contain content that is subject to human and/or technological errors, for example typographical errors, inaccuracies, omissions, etc. This content may include information related to pricing and availability, as well as material that is incomplete or outdated. SAXX reserves the right to correct such information, even after an order has been placed. We may change or update information without prior notice at any time. Consequently, we apologize for any inconvenience that such errors may produce.

Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you, including logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mail bombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, (e) disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede SAXX's ability to monitor or make available the Site, or (f) taking any action in order to obtain services to which you are not entitled. Violations of system or network security may result in civil or criminal liability.  SAXX will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting anyone who is involved in such violations.

Trademarks, logos, photos

Trademarks, logos, photos, and restrictions relative to use Trademarks, photos, logos, or any other element used or exhibited on the Site are trademarks registered by SAXX or by third parties. Reproductions, copies, distribution, publication, translation, display or transmission of these elements without obtaining previously written authorization by the owner of these trademarks, logos, photos, or any other element originating from the Site is strictly prohibited.

Limitation of Liability

The Site and the components contained within it will be provided as is, without any implicit or explicit guarantees. On reservation of all public legislation to contrary effect, SAXX declines any responsibility and will not grant any guaranty regarding quality contrary to a particular use. SAXX takes no representation regarding the use of a product, the validity, the exactitude or the reliance of any element reproduced on the Site or when results ensue the use of these products.

Contacting Us

For questions or comments regarding any part of the above, please contact SAXX at:

SAXX AT WEWORK
Attn: Website Policy Officer
2015 Main Street
Vancouver, BC
V5T 3C2 

or email: info@saxxunderwear.com

Saxx Underwear Co. LTD Mobile Message Program Terms and Conditions

Last updated: 13th April 2026

The Saxx Underwear Co. LTD mobile message program (the "Program") is operated by Saxx Underwear Co. LTD (“Saxx Underwear Co. LTD”, “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 Saxx Underwear Co. LTD’s SMS/text messaging Program, you agree to receive recurring SMS/text messages from and on behalf of Saxx Underwear Co. LTD 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 Saxx Underwear Co. LTD. 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 Saxx Underwear Co. LTD 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 Saxx Underwear Co. LTD 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 privacy@saxxunderwear.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 Clothing. 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 Vancouver,Canada 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 Saxx Underwear Co. LTD'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