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Terms of Service
Overview
 * Overview

contact us care@onequince.com

OVERVIEW

This website is operated by Last Brand, Inc. (“Quince”). Throughout this
website, the terms “we”, “us” and “our” refer to Quince. We offer this website,
including all information, tools, products, and services available from this
website (our “Service”) to you, the user, conditioned upon your acceptance of
all terms, conditions, policies and notices stated herein.

By visiting this website, you engage in our Service and thereby enter into an
agreement with us to be bound by these terms and conditions (“Terms of Service”
or “Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink, including also your agreement
to resolve any disputes with us through binding, individual-only arbitration, as
detailed in the “Governing Law and Dispute Resolution” section below. These
Terms of Service apply to all users of our Service, including without limitation
users who are browsers, vendors, customers, merchants, and/ or contributors of
content.

Please read these Terms of Service carefully before accessing or using our
Service. If you do not agree to all the Terms of Service, then you may not
access this website, use our Service, or purchase any of our products. If these
Terms of Service are considered an offer, acceptance is expressly limited to
these Terms of Service.

SECTION 1 - GENERAL TERMS

By agreeing to these Terms of Service, you represent that you are at least the
age of majority in your state or province of residence, or that you are the age
of majority in your state of residence and you have given us your consent to
allow any of your minor dependents to use our Service. 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 these
Terms or in the performance of such obligations will place you in breach of any
other contract or obligation.

Any new features or tools which are added to the current Service shall also be
subject to the Terms of Service. We reserve the right, at our sole discretion,
to update, change or replace any part of these Terms of Service by posting
updates and changes to our website. It is your responsibility to check our
website periodically for changes. Your continued use of or access to our website
or our Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion
of our Service without express written permission by us.

The use of our Service including without limitation the purchase of our products
does not transfer to you any intellectual property owned by us or third-parties,
and all rights, titles, and interests in and to such property will remain (as
between the parties) solely with us. All trademarks, service marks, graphics,
and logos used in connection with our Service or products are trademarks or
registered trademarks of Quince or Quince licensors. Other trademarks, service
marks, graphics, and logos used in connection with our Service or our products
may be the trademarks of other third parties. Your use of our Service grants you
no right or license to reproduce or otherwise use any of our or third-party
trademarks.

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

SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available through our Service is not
accurate, complete or current. The material within our Service 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 within our
Service is at your own risk.

Our Service 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 our Service 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 Service.

Occasionally there may be information within our 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 our Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).

SECTION 3 – PRICES AND SERVICE

Prices for our products are subject to change without notice, including without
limitation the eligibility or availability of any offer or discount of any kind,
whether or not such offer or discount was communicated to you by us, through our
Service, or through others. We reserve the right at any time to modify or
discontinue our Service (or any part or content thereof, including without
limitation any offer or discount) 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 our Service.

All offers, credits, and discounts of all kinds from any sources (within or
outside of our Service and/or offered by us or by others) are applicable on
their own only and cannot be combined with any other offer, credit, or discount
whatsoever.

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

Unless otherwise expressly promised by us directly and specifically to you (and
unless otherwise modified, changed, suspended, or discontinued by us pursuant to
our rights under this Section), all offers, discounts, and credits you receive
from us expire automatically on the sixtieth day after your receipt of such
offer, discount, or credit, provided, however, we reserve the right to allow you
to enjoy the benefit of such offer, discount, or credit beyond such time in our
sole discretion.

SECTION 4 - 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 email 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 detail, please review our Return Policy.

SECTION 5 - 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 our Service 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 our
Service (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Service.

SECTION 6 - THIRD-PARTY LINKS

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

Third-party links through our Service 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.

Some of the links found through our Service may be "affiliate links." This means
that if you click on the link and purchase an item, we may receive an affiliate
commission. We are not responsible for examining or evaluating, and we do not
warrant the offerings of any third-parties or the content of their websites. We
do not assume any responsibility or liability for other third parties' actions,
products, services, and content. You should carefully review the legal
statements and other conditions of use of any website you access through a link
from our Service. Your linking to any other off-site websites is at your own
risk.

We may offer to provide a credit to you for your purchases of our products
through our Service in an amount equal to or different than the affiliate
commissions we receive due to your activity through an affiliate link (an
“Affiliate Credit”). An Affiliate Credit is considered a free offer from us to
you which does not require any consideration from you to us. An Affiliate Credit
is not a promise or obligation of any agreement between you and us and,
therefore, the provision or expectation of the provision of an Affiliate Credit
shall not be construed or considered as our compensation or consideration to you
for any activity which you may take or refrain from taking. Rather, an Affiliate
Credit is provided based on our voluntary marketing strategies with third
parties we have chosen to interact, with or without contracting with such third
parties. To be eligible for any Affiliate Credit, you must have your cookies
enabled and uninhibited, be logged into your account in our Service prior to
interacting with any affiliate link, refrain from engaging in any other website,
channel, browser tab or session, or system between your actions within our
Service and your actions at the website available through the affiliate link,
allow all cookies on such other website to be enabled and uninhibited, and
complete the transaction in the window of time provided for the affiliate’s
terms and conditions. For more information on our use of cookies in relation to
you and your privacy, please see our Privacy Policy. Any Affiliate Credit would
be given only after valid payment through the affiliate link without the
application or attempted application of any other offer, discount, or gift card,
without any return of the product or service provided through such affiliate
link, limited to the initial payments for any subscription services, and only
provided within a reasonable time after our receipt of any such affiliate
commission. Affiliate Credits will be based on net purchases excluding taxes,
fees, shipping, gift-wrapping, discounts or credits, returns or cancellations,
and extended warranties. Purchase of gift cards or store credit will not be
eligible for Affiliate Credit. No Affiliate Credit will be provided unless and
until all applicable third party’s terms and conditions are met and/or
completed, according to such terms and conditions made available for your review
through the affiliate links. We are not in control of any site available through
an affiliate link or the terms for the generation of any affiliate commissions,
and therefore we cannot and do not guarantee, represent, or warrant the terms,
conditions, or provision of any Affiliate Credit to any extent whatsoever.

SECTION 7 - 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, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, exploit for any business
use, translate and otherwise use in any medium any comments that you forward to
us. We are and shall be under no obligation (1) to maintain any comments in
confidence; (2) to pay compensation for any comments; or (3) to respond to any
comments.

We may, but have no obligation to, monitor, edit or remove 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
our Service or any related website. You may not use a false email 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.

SECTION 8 - PERSONAL INFORMATION

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. Your submission of personal information through our Service is
governed by our Privacy Policy, which is hereby incorporated into these Terms of
Service as if fully restated within these Terms of Service. 

SECTION 9 - PROHIBITED USES

We reserve the right to refuse our Service to anyone for any lawful reason at
any time. In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using our Service 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 our 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
our Service or any related website, other websites, or the Internet. We reserve
the right to terminate your use of our Service or any related website for
violating any of the prohibited uses.

SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

All products available through our Service are available exclusively online
through our website unless otherwise specified or allowed in our sole
discretion. These products 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 through our Service. We cannot guarantee that
your computer monitor's display of any color or images will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products
or Service to any person, geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. Any offer for any product or service made
through our Service is void where prohibited.

We do not warrant that the quality of any products, Service, information, or
other material purchased or obtained by you will meet your expectations, or that
any errors in our Service will be corrected. 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 expressly agree that your use of, or inability to use, the products or
services within our 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 Quince, 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 our Service including
any products procured using our Service, or for any other claim related in any
way to your use of our Service or any product, including, but not limited to,
any errors or omissions in our Service or any product, or any loss or damage of
any kind incurred as a result of the use of our Service or any product made
available via our 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.

SECTION 11 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Quince 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 agreements they incorporate by reference, or your violation of any law or
the rights of any third-party.

SECTION 12 - TERMINATION

The obligations and liabilities of the parties shall survive the termination of
this agreement.

These Terms of Service are effective unless and until terminated by either you
or us. You may terminate these Terms of Service at any time by notifying us that
you no longer wish to use our Service, or when you cease using our Service.

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 also may terminate this
agreement at any time without notice and/or accordingly may deny you access to
our Service (or any part thereof).

SECTION 13 - ENTIRE AGREEMENT

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.

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 our Service constitutes the entire agreement and understanding
between you and us and govern your use of our 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). Any ambiguities in the interpretation of these Terms
of Service shall not be construed against the drafting party.

SECTION 14 - GOVERNING LAW AND DISPUTES

The formation, interpretation, and performance of these Terms of Service and any
separate agreements between or among you and us, and any disputes arising out of
such shall be governed by the substantive and procedural laws of Delaware, the
United States, without regard to its rules on conflicts or choice of law and, to
the extent applicable, the laws of the United States. The United Nations
Convention on Contracts for the International Sale of Goods does not apply to
this Agreement.

In the event that there is a dispute, claim, or controversy between you and us,
or between you and Stodge, LLC d/b/a Postscript or any other third-party service
provider acting on our behalf (including the transmission of mobile messages),
arising out of or relating to federal or state statutory claims, common law
claims, these Terms of Service, 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 San Francisco, CA 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. 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 to arbitrate solely on an
individual basis, and this agreement does not permit class arbitration or any
claims brought as a plaintiff or class member in any class or representative
arbitration 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 for any reason a dispute proceeds in court rather
than in arbitration, the parties hereby waive any right to a jury trial, agree
the exclusive and sole venue for such a proceedings shall be the state and
federal courts situated in Dover, Delaware, and waive the defense of
inconvenient forum.  This arbitration provision shall survive any cancellation
or termination of your agreement to participate in any of our programs.

SECTION 15 - SMS / MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Quince is offering a mobile messaging program (the “Mobile Message Program”),
which you agree to use and participate in subject to all Terms, including those
within this Section 15.   This Section is limited to the Mobile Message Program
and is not intended to modify other Terms that may govern the relationship
between you and us in other contexts. In the case of any conflict,
inconsistency, or variance between the Terms and the provisions of this Section
relating to the Mobile Message Program, the terms of this Section shall apply.

User Opt In: The Mobile Message Program allows users to receive SMS/MMS mobile
messages by affirmatively opting into the Mobile Message Program, such as
through online or application-based enrollment forms. Regardless of the opt-in
method you utilized to join the Mobile Message Program, you agree that these
Terms applies to your participation in the Mobile Message Program.  By
participating in the Mobile Message 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 autodialer, 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
“autodialer”).  Message and data rates may apply. 

User Opt Out:  If you do not wish to continue participating in the Mobile
Message Program or no longer agree to this Agreement, you agree to reply STOP,
END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt
out of the Mobile Message Program.  You may receive an additional mobile message
confirming your decision to opt out. You understand and agree that the foregoing
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.

Duty to Notify and Indemnify:  If at any time you intend to stop using the
mobile telephone number that has been used to subscribe to the Mobile Message
Program, including canceling your service plan or selling or transferring the
phone number to another party, you agree that you will complete the User 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 material part of
these terms and conditions. You further agree that, if you discontinue the use
of your mobile 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
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
Mobile Message Program.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM
OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE
INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE
TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE
AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US
ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Mobile Message Program,
users that opt into the Mobile Message Program can expect to receive messages
concerning the marketing and sale of apparel, accessories, jewelry, home
products and other everyday items.

Cost and Frequency: Message and data rates may apply. The Mobile Message Program
involves recurring mobile messages, and additional mobile messages may be sent
periodically based on your interaction with us.

Support Instructions: For support regarding the Mobile Message Program, text
“HELP” to the number you received messages from or email us
at care@onequince.com  Please note that the use of this email address is not an
acceptable method of opting out of the Mobile Message Program.  Opt outs must be
submitted in accordance with the procedures set forth above.

MMS Disclosure: The Mobile Message Program will send SMS TMs (terminating
messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Mobile Message 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 Mobile Message Program.
Delivery of mobile messages is subject to effective transmission from your
wireless service provider/network operator and is outside of our control.

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. When you complete forms
online or otherwise provide us information, you agree to provide accurate,
complete, and true information. You agree not to use a false or misleading name
or a name that you are not authorized to use. If, in our sole discretion, we
believe that any such information is untrue, inaccurate, or incomplete, or you
have opted into the Mobile Message Program for an ulterior purpose, we may
refuse you access to the Program and pursue any appropriate legal remedies.

Age Restriction:  You may not use or engage with the Mobile Message Program if
you are under thirteen (13) years of age.  If you use or engage with the Mobile
Message Program 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 Mobile Message Program, 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 Mobile Message Program, or are
of adult age in your jurisdiction.  By using or engaging with the Mobile Message
Program, you also acknowledge and agree that you are permitted by your
jurisdiction’s applicable law to use and/or engage with the Mobile Message
Program.

Prohibited Content:  You acknowledge and agree to not send any prohibited
content over the Mobile Message Program.  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 other content that is prohibited by applicable law in the jurisdiction
   from which the message is sent.

SECTION 16 - OTHER

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.

You can review the most current version of the Terms of Service at any time at
this page.

Questions about the Terms of Service should be sent to us at care@onequince.com


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