Terms of service

IF YOU ARE UNDER THE AGE OF 21, PLEASE EXIT THIS WEBSITE.

Legal Terms & Conditions of Use

IMPORTANT! PLEASE READ THIS LEGAL STATEMENT CAREFULLY BEFORE USING THIS SITE. The purchase of merchandise from Whomp It or the Whompitglass.com website (or successor website) is strictly limited to parties who can lawfully enter into and form contracts in accordance with the laws of the jurisdiction of their residence.

OVERVIEW

Your use of this site and the information available on this site is subject to the following terms and conditions:

This website is operated by Whomp It. Throughout the site, the terms “we”, “us” and “our” refer to Whomp It LLC. Whomp It offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These include, but are not limited to:

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Applicability of Terms to All Purchases and Users
By purchasing, using, or possessing any Whomp It product—whether purchased directly from Whomp It, through whompitglass.com, or from an authorized retailer or distributor—you acknowledge and agree to be bound by these Terms of Service and all related Whomp It policies. These terms apply to all Whomp It products regardless of where they were originally purchased, to ensure consistency in warranty coverage, safety standards, and brand integrity.

Unauthorized Purchases: Whomp It products purchased from unauthorized or third-party marketplaces (such as Amazon, eBay, Craigslist, or similar platforms) are not covered under any Whomp It warranty, replacement, or breakage programs. Whomp It assumes no responsibility or liability for any products sold by unauthorized sellers, including but not limited to counterfeit, resold, repackaged, altered, or secondhand items, or for any injuries, damages, or losses resulting from their use. Coverage under Whomp It policies applies only to purchases made directly from Whomp It or through an authorized retailer or distributor.

YOU MUST BE AT LEAST 21 YEARS OLD TO BROWSE OR PURCHASE FROM WHOMPITGLASS.COM. All of our products are collectible glass art traditionally and solely intended for use with federally legal dry herbs by adults 21 years of age or older (not including tobacco, nicotine-containing substances, nicotine substitutes, or cannabis). The products are not intended for illegal purposes, including but not limited to the consumption of narcotics, controlled substances, cannabis, THC, or THC derivatives. It is your sole responsibility to know your state and local laws regarding the possession and use of water pipes and accessories.

⚠️ WARNING: This product can expose you to marijuana smoke, which is known to the State of California to cause cancer and birth defects or other reproductive harm.
For more information, visit www.P65Warnings.ca.gov.
Whomp It products are collectible glass art intended for use with federally legal dry herbs only. This warning is provided solely to comply with California’s Proposition 65 requirements.

To complete your purchase, your age must be verified by AgeChecker.net.

The statements & products shown on this website have not been evaluated by the US Food and Drug Administration (FDA). These devices are not designed to diagnose, cure, prevent, or treat any disease. Before smoking, please consult with a licensed health care provider. If you smoke, you do so at your own risk. Inhalation is inadvisable and may potentially be harmful. Any comments from user-submitted reviews found on this website are related to the users own personal experiences, and are not endorsed, reviewed, or necessarily shared by whompitglass.com or its affiliates. By using whompitglass.com, you acknowledge and agree to abide by our Terms of Service page before making any purchase on this website.


SECTION 1 - ONLINE STORE TERMS

Your use of any Whomp It product is subject to all agreements including the Terms of service. All of our products are collectible glass art traditionally and solely intended for use with federally legal dry herb by adults 21 years of age or older (not including tobacco, nicotine-containing substances, nicotine substitutes, or cannabis). The products are not intended for illegal purposes, including but not limited to the consumption of narcotics, controlled substances, cannabis, THC, or THC derivatives. Any warranty, express or implied, shall be voided by improper use. By opening the packaging, you confirm your acceptance of the Terms of Service. You must be 21 or older to browse on or purchase anything from this website. It is your sole responsibility to know your state and local laws regarding the possession and use of water pipes, dry pipes, and accessories. By entering this site you acknowledge and agree that whompitglass.com has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Furthermore, you release and discharge all involved in the production and maintenance of this website from any and all liabilities. Your linking to any other off-site pages or other sites is at your own risk. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

This site is available only for your personal, non-commercial use. You may not copy, reproduce, republish, post, distribute, transmit, or modify in any way any part of this site. 

All names, logos, and trademarks are the property of Whomp It and you may not use any of such materials for any purpose without the express written agreement of Whomp It.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Whomp It or its employees, third party contracts, and manufacturers, are not responsible for the use and practice of any instructions herein. Those who follow all broadcast listed or served herein assume all risk of being offended or suffering any other form of damage.

Whomp It or its owners, operators, and staff will NOT be held liable for any illegal activity, legal recourse, or lawyer's fees resulting from the purchase and/or use of any of our products. Our site is for informational use. Also, any governmental employee, agency, or agent must identify themselves to the operators of Whomp It upon their entering the site, and when ordering any products from our site. 

Limitation of Liability - Whomp It will not be liable for damages of any kind, including, without limitation, special or consequential damages, arising out of your access to, or inability to access, this site or your use of, or reliance upon, this site or the contents of this site. In addition, Whomp It has no duty to update this site or the contents of this site and Whomp It will not be liable for your use of other web sites which you may access via certain links within this site. These links and other "resources" referenced on this site are provided merely as a public service to users of the World Wide Web and inclusion in Whomp It site does no constitute an endorsement by or affiliation with Whomp It.

 

SECTION 6A - PAYMENTS & BILLING

Whompitglass.com accepts Visa, Mastercard, American Express, JCB, Discover, and Diners Club credit and debit cards. We also offer Sezzle for flexible payments. If the payment authorization fails, your order will not go through and you’ll be prompted to re-enter the card information or provide an alternative form of payment. No orders will be processed or shipped until full payment is received. If you have opted for installment payments, the order will not be processed or shipped until the initial payment is received.

If a transaction fails due to an AVS error, please double check your billing address and make sure it is the address associated with that credit card.  If your card fails the AVS or CVV checks, you may see the pre-authorization appear on your credit card statement as a pending charge. The pending charge will fall off your statement after 3-5 business days.

SECTION 6B - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Returns Policy.


SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Apps and Data Use
Our website may integrate with third-party applications and services (for example, payment processors, analytics tools, shipping providers, marketing platforms, or Shopify apps). These third parties may collect, use, or share your information in accordance with their own privacy policies.

Whomp It LLC does not control and is not responsible for how these providers handle your information. By using our website or any related services, you acknowledge and agree that your interactions with such third-party apps or tools are governed by their respective terms and privacy policies. We encourage you to review those policies before engaging with any integrated service.


SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, photos, videos, reviews, testimonials, or other materials, whether online, by email, by postal mail, through social media, or otherwise (collectively, “Submissions”), you agree that Whomp It LLC may, at any time and without restriction, edit, copy, publish, distribute, translate, display, or otherwise use in any medium any Submissions you provide for any purpose, including but not limited to marketing, advertising, and promotional use, without notice or compensation.

We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions. By submitting any materials to us, you confirm that you own or have all necessary rights to grant this license and that your Submission does not infringe the rights of any third party.

We may, but have no obligation to, monitor, edit or remove content. including content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Confidentiality of Communications: All communications between Whomp It Glass and its customers, including but not limited to emails, messages, and correspondence, are considered confidential. Customers agree not to disclose, share, publish, or distribute any such communications without the prior written consent of Whomp It Glass. Unauthorized use or dissemination of these communications is strictly prohibited.

Misrepresentation and Bad Faith Feedback: You agree not to make or publish false, misleading, or bad faith statements regarding Whomp It, its products, marketing, or business practices. This includes, but is not limited to, knowingly misrepresenting products, making deceptive claims about Whomp It's marketing materials, or falsely portraying the performance of any Whomp It product. Any violation of this policy may result in legal action or other appropriate measures.


SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Whomp It, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Product Disclaimer:

All Whomp It products are designed and manufactured with a focus on performance, safety, and durability. However, all products—whether made of glass, metal, or any other material—can become damaged or cause injury if misused or handled irresponsibly. Please use all Whomp It products only as intended and with proper care.

Our glass products, in particular, are crafted for maximum durability; however, like any glass, they can crack or shatter under certain conditions. The videos on our social channels are demonstrations of product strength and quality—not instructions. DO NOT attempt to replicate the actions in our videos or intentionally impact, damage, or destroy any Whomp It product or property.

Whomp It LLC is not responsible for any property damage, personal injury, or other harm resulting from the misuse of any Whomp It product.

Retailers and distributors agree that Whomp It products will not be sold or redistributed after being used, including items used for demonstration purposes.

Demonstration Kit Disclaimer:
The demonstration kit is provided to assist with showcasing the durability of our products in a controlled and safe manner. By using the demonstration kit, you acknowledge that it is used at your own risk and agree to take all necessary precautions during its use. Demonstrations must only be conducted by the store owner or authorized employees who have been given a full understanding of our Limitation of Liability. Customers must not handle or use the demonstration kit under any circumstances.

For additional guidance on proper setup and use of the Demonstration Kit, please review the official instructions provided at:
👉 https://drive.google.com/file/d/1euVh3xqMzi7r1i-9KRRaIKqs14kji2z9/view

Whomp It shall not be held liable for any injuries, damages, or losses resulting from the improper use of the demonstration kit or our products. By using the kit, you accept these terms and assume all associated risks.

Glass Product Specifications
Due to the nature of glassblowing, the length/weight/size/color may be slightly bigger, smaller, longer, shorter, heavier or lighter than what is provided in the specifications.


SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Whomp It and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective at all times during and after your use of our website, products, or services. You may notify us that you no longer wish to use our Services, or you may cease using our site; however, such actions do not release you from any prior obligations, responsibilities, or liabilities incurred under these Terms. All provisions that by their nature should survive termination—including but not limited to ownership, warranty disclaimers, indemnity, and limitations of liability—shall remain in full force and effect.

If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof) at any time, without liability.

 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service or our other policies).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Whomp It in its sole discretion, reserves the right to: (1) change this Legal Statement; (2) monitor and remove postings; and (3) discontinue site availability at any time without notice. If any term, condition, or provision of this Legal Statement is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of their remaining terms, conditions, and provisions will not in any way be affected or impaired. This Legal Statement constitutes the entire agreement between you and Whomp It relating to the subject matter in this Legal Statement.

 

SECTION 18 - MARKETING AND AGE VERIFICATION ACKNOWLEDGEMENT

By signing up for Whomp It email marketing, SMS updates, social media channels, or broadcast groups (including but not limited to Instagram, Facebook, and similar platforms), you acknowledge and confirm that you are at least twenty-one (21) years of age. All Whomp It marketing content—including email promotions, text messages, and social media communications—is intended solely for adults 21 and older.

By following, subscribing to, or engaging with any Whomp It marketing channel, you represent and warrant that all contact information you provide (such as your email address, mobile number, or social media account) belongs to you personally, and that you have not provided or used another individual’s information without their explicit consent. You agree that Whomp It LLC is not responsible for any misuse, unauthorized sign-up, or third-party submission of personal information.

Whomp It LLC does not knowingly collect or use personal information from anyone under the age of 21. If you are under 21, please unsubscribe from all communications and cease following or engaging with Whomp It channels.

SMS/MMS Mobile Message Marketing Program Terms and Conditions

Whomp It LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement”). We may modify or cancel the Program or any of its features without notice. 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 also modify this Agreement 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.

The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from Whomp It LLC via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. 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.

For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

We may change any 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 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 Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

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 Service.

You may not use or engage with the Program if you are under twenty-one (21) years of age. By using or engaging with the Program, you acknowledge and agree that you are not under the age of twenty-one (21) years. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Program.