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F.A.Q

Our refund and returns policy lasts 30 days. If 30 days have passed since your purchase, we can’t offer you a full refund or exchange.

 

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

 

Additional non-returnable items:

  • Gift cards
  • Downloadable software products

To complete your return, we require a receipt or proof of purchase.

 

Please do not send your purchase back to the manufacturer.

 

There are certain situations where only partial refunds are granted:

  • Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
  • Any item that is returned more than 30 days after delivery

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

 

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

 

Late or missing refunds

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

 

Next contact your bank. There is often some processing time before a refund is posted.

 

If you’ve done all of this and you still have not received your refund yet, please contact us at [email protected].

 

Sale items

Only regular priced items may be refunded. Sale items cannot be refunded.

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at [email protected].

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

 

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.

To return your product, please reach out to us at: [email protected] with the subject line “Shipping Return” and your order number.

 

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

 

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

 

If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Last Updated: November 26, 2023

 

  1. Introduction

One of Mancy, LLC. (“One of Many” or “we” or “us”) respects your privacy. This Privacy Policy applies to personal information we collect on oneofmany.shop (the “Site”), in our stores, and through other channels, as described below (collectively, the “Services”). This policy explains how we collect and use this information and with whom we share it. We ask that you please read this Privacy Policy before using the Services. It describes what information we gather from you and others who visit or use the Services, how we use that information, and what we do to protect it. When you access or use the Services, certain information, including your Personal Information, may be collected, transferred, processed, stored, and in certain circumstances, disclosed as described in this Privacy Policy. We may update this Privacy Policy from time to time without prior notice to you. If we make changes, we will notify you by revising the date at the top of the policy. 

 

  1. Information We Collect

We collect data to provide the products and services you request on the Services, ease your navigation using the Services, communicate with you, and improve your experience using the Services. Some of the information provided by you directly to us, such as when you create an account. Some of the information is collected through your interactions with the Services or third party websites and applications. We collect such data using technologies such as Cookies and other tracking technologies, error reports, and usage data collected when you interact with our Services. 

We collect personal information from you when you: purchase products or services from us, whether online or in one of our stores; register for and use an account on the Site; participate in a promotion or survey; contact us for customer service; apply for a job; or otherwise use the Site or provide information to us.

 

2.1 Information We Collect From You

Information we may collect may include:

  • Identifiers such as your real name, alias, email address, billing and shipping address, account name, account password, and phone number.
  • Demographic information, such as your date of birth and gender.
  • Commercial information, such as details on the items purchased/returned and product preferences.
  • Employment and education information, such as your education and employment history when you submit your job application with us.
  • Payment information, such as credit card or other payment or billing information in connection with your use or purchase of our goods and services
  • Audio, video, sensory, and other electronic data such as CCTV footage, and photographs.

Information Automatically Collected

  • Identifiers such as Internet Protocol address associated with browser cookies, web beacons, and similar tracking technologies.
  • Internet or other electronic network activity information, such as information about your browser type and language, operating system, pages accessed on our Site, links clicked, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, the date and time of your visits, and time spent on the Site.
  • Geological data such as precise geographic location information about a particular individual or device.

Information from Other Sources

We may also obtain information about you from other sources. For example, we may collect information from the U.S. Postal Service’s national change of address database to verify and update mailing addresses, or information about you from credit reporting agencies, former employers, and references when you apply for a job with us.

Personal Information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA’s scope including, without limitation:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
  • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We may also collect Personal Information from third parties, such as Social Media, Payment Processors, product vendors, and other partners. Our collection of this information allows us to provide you with our products and services, establish, maintain and support your user account on the Services, and communicate with you in accordance with our Terms of Service.

 

2.2 Cookies

We automatically derive and collect certain data based on your interactions with us on the Services using cookies and similar technologies (collectively, “Cookies”). Our collection of data through Cookies includes information about your browser and Services usage patterns, which may include your IP address, browser type, browser language, referring/exit pages and URLs, pages viewed, links clicked, whether you opened an email, and information about the device you use to access the Services. Our collection of this information allows us to improve your user experience in various ways, such as to personalize our display of the Services to you, to “remember” whether or not you are signed in, and to provide better technical support to you.

If you restrict, disable, or block any or all Cookies from your web browser or mobile or other device, the Services may not operate properly, and you may not have access to certain services or parts of the Services. We shall not be liable for any interruption in, or inability to use, the Services or our services or degraded functioning thereof , where such are caused by your settings and choices regarding Cookies. 

 

2.3 Pixels (aka web beacons/web bugs/java script)

We may use Pixels to automatically record certain technical information about your interactions with us when you visit the Services or otherwise engage with us, to help deliver Cookies on our Services, or count users who have visited the Services or used our Services. We may also include web beacons in our promotional e-mail messages or newsletters to determine whether you open or act on them for statistical purposes. “Pixels’ ‘ are tiny graphics with unique identifiers used to track certain online actions, movements, and related information of Service users. Unlike Cookies, which are stored on a user’s computer hard drive, Pixels are embedded invisibly on web pages or in HTML-based emails. The data we receive through Pixels allows us to effectively promote the Services to various populations of users, and to optimize external advertisements about the Services that appear on third-party websites. 

 

2.4 Third Party Analytics and Advertising

In our effort to improve and customize our content, and to provide you with advertising and offers that may be of interest to you, we engage third party service providers that use tools, such as cookies and web beacons, to collect information about your visits to this website and other sites, and your interaction with our email communications. This information may be used to, among other things, analyze data, understand our visitors’ web activity, develop promotional and advertising activities and serve targeted content and advertisements to you on this and other sites. We also use Google Analytics, Facebook Pixel, and other third party analytics providers (“Analytics Providers”) to collect information about Services usage and the users of the Services. 

Google’s Privacy Policy is available at https://policies.google.com/privacy?hl=en. Google Analytics Opt-out Browser Add-on is available at https://tools.google.com/dlpage/gaoptout. 

Facebook’s Privacy Policy and information regarding opt-out settings is available at https://www.facebook.com/about/privacy/previous. 

 

  1. How We Use Your Information

We may use or disclose the Personal Information identified above for one or more of the following business purposes (“Business Purpose”):

  • To fulfill or meet the reason you provided the information (e.g., to send you product and service information).
  • To personalize and develop our Services and the services we provide to you, and improve our offerings.
  • To provide certain features or functionalities on the Services.
  • For marketing and promotional purposes such as to notify you of products, services, offers, promotions, events, and features that may be of interest to you.
  • To provide customer support and respond to your comments, questions, and requests.
  • To furnish the products and services you request, process your transactions and send you related information, such as order and shipping confirmations and receipts.
  • Facilitate and personalize your shopping experience in our stores and online.
  • Develop and improve our products, services, this website, and our stores.
  • Monitor and analyze trends, usage, and activities.
  • Advertise and market our products and services. 
  • Manage your line account(s) and provide updates, security alerts, and administrative messages. 
  • Debug, identify, and repair errors that impair the functionality of the Site.
  • Comply with legal obligations.
  • For testing, research, analysis, and product development, including to develop and improve our Services and services.
  • Fulfill any other purpose for which the information was collected in a lawful manner that is consistent with the context in which you provided the information.
  •  
  1. Summary Table of Data Practices

The following table summarizes our personal information collection, use, and sharing practices in the preceding 12 months.

Category of Personal Information

  1. Identifiers such as your real name, alias, email address, billing and shipping address, account name, account password, and phone number.
  • Do we collect? Yes
  • Do we disclose for business purposes? Yes
  1. Demographic information, such as your date of birth and gender.
  • Do we collect? Yes
  • Do we disclose for business purposes? Yes
  1. Commercial information, such as details on the items purchased/returned and product preferences.
  • Do we collect? Yes
  • Do we disclose for business purposes? Yes
  1. Employment and education information, such as your education and employment history when you submit your job application with us.
  • Do we collect? Yes
  • Do we disclose for business purposes? No
  1. Payment information, such as credit card or other payment or billing information in connection with your use or purchase of our goods and services
  • Do we collect? Yes
  • Do we disclose for business purposes? Yes
  1. Audio, video, sensory, and other electronic data such as CCTV footage, and photographs.
  • Do we collect? Yes
  • Do we disclose for business purposes? Yes
  1. Identifiers such as Internet Protocol address associated with browser cookies, web beacons, and similar tracking technologies.
  • Do we collect? Yes
  • Do we disclose for business purposes? Yes
  1. Internet or other electronic network activity information, such as information about your browser type and language, operating system, pages accessed on our Site, links clicked, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, the date and time of your visits, and time spent on the Site.
  • Do we collect? Yes
  • Do we disclose for business purposes? Yes
  1. Geological data such as precise geographic location information about a particular individual or device.
  • Do we collect? Yes
  • Do we disclose for business purposes? Yes

4.1 CCPA Privacy Rights

Starting January 1, 2020, consumers residing in California are afforded additional rights with respect to their personal information under the California Consumer Privacy Act (“CCPA”) (California Civil Code Section 1798.100 et seq.) If you are a California consumer, you have the following rights under the CCPA:

  • Right to know about our collection, disclosure, and “sale” of your personal information. 
  • One of Many does not and will not sell your personal information.
  • Right to access your personal information collected and retained by us.
  • Right to request deletion of your personal information collected and retained by us, subject to certain exceptions. 
  • Right not to receive discriminatory treatment for exercising your rights under the CCPA. 
  • One of Many does not and will not treat you in a discriminatory manner for exercising your CCPA rights.

4.1.1 Right to Delete your Personal Information

If you would like to exercise your right to delete your personal information, please email us at [email protected] with the subject line, “Delete my Data”. In the body of the e-mail, please utilize the following template; 

I am submitting this request on behalf of: [Myself] [My Household]

Select the right you wish to exercise: [Request to Access] [Request to Delete] [Request to Know]

First Name:

Last Name:

Email:

Phone Number:

Additional Information: 

When exercising your right to delete, please note that we may retain certain information as required by law or as permitted by law for our legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time. 

 

4.1.2 Verification

Before responding to your request, we must verify your identity or authority to make the request and confirm that the Personal Information requested relates to you. We will verify your identity by matching two or three data points that you provide with data points that we maintain and have determined to be reliable for the purposes of verification (e.g. email, phone number, billing or shipping address).  

You may use an authorized agent registered with the California Secretary of State that you authorized to act on your behalf, to make CCPA requests on your behalf. We may require proof that you have provided the agent with written permission to submit a request on your behalf and to verify their identity, or to demonstrate that they have power of attorney. 

 

  1. Change Your Preferences

To stop receiving promotional communications from us, you may: follow unsubscribe instructions contained in the footer in each promotional email; log into your account on the Site and change your preferences; or send your request, along with your name, email, and postal address, to [email protected]; reply STOP to any SMS marketing communications. We will process your request within a reasonable time frame, but you may, in the interim, receive previously scheduled communications from us. We may also continue to send you non-promotional emails, such as messages about your account or purchases. 

If you have previously opted in allowing for cookie collection on our Site, you may follow this link to change your cookie preferences. 

 

  1. Safety and Information Security Measures

We use certain physical, managerial, and technical safeguards designed to preserve the security of your information that we maintain in connection with your use of the Services. For example, we encrypt all data with secure sockets layer (SSL) or similar technologies when we transmit your data. This, however, does not guarantee that your information may not be accessed, disclosed, altered, or destroyed by any breach of our physical, technical or managerial safeguards. You should take steps to protect against unauthorized access to your password, phone, computer, and other devices by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity. In the event that any of your Personal Information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and will notify you, as appropriate, in accordance with pertinent laws and regulations.

 

6.1 Storage

We or our third party hosting providers store Personal Information in operating environments that are safeguarded against public or unauthorized access and protected from internal access with physical and technical security measures. While these measures are helpful to safeguard your Personal Information after we receive it, no transmission of data over the internet is 100% secure.

 

  1. Third Party Sites and Stores

Our website may, from time to time, contain links to other sites operated by companies that are not affiliated with One of Many. These third-party sites may have different privacy policies, which you should review if you access the sites from this Site. We are not responsible for the content or practices of any websites that are not affiliated with One of Many.

 

  1. Children’s Privacy

The Site is not directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen. 

 

  1. Contact Us

If you have any questions or requests relating to this Privacy Policy and our practices with respect to personal information, please contact us at [email protected]

 

This website is operated by One of Many. Throughout the site, the terms “we”, “us” and “our” refer to One of Many. One of Many 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 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 of Service 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.

 

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

Our store is hosted on WordPress With WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 – ONLINE STORE 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 or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

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

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 – 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 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. 

The prices may vary between the physical store and the website.

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 5 – PRODUCTS OR SERVICES (if applicable)

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 any time 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.

 

SECTION 6 – 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 detail, 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.

 

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, 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, 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 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.

 

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view 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 One of Many, 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.

 

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless One of Many 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 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 Services, or when you cease using our site. 

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 you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

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). 

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

 

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state of New Jersey.

 

SECTION 19 – CHANGES TO TERMS OF SERVICE

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

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 the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].

 

SECTION 21 – TRADEMARKS

One of Many trademarks include but are not limited to the One of Many name and logo. Please note that your use of this website does not grant you any rights to use our trademarks.

 

SECTION 22 – SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

One of Many (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 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.

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 enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. 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 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 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 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 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 Programs.

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 chance 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 Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The 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 Program, text “HELP” to the number you received messages from or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

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

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. T-Mobile is not liable for delayed or undelivered mobile messages.

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 of 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 other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: 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 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 Los Angeles, California 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 One of Many 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 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 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.

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.

 

SECTION 23 – COOKIES

Cookies are used on this site to improve your browsing experience. In addition to use for statistical purposes, cookies identify your computer and allow the site to recall your personal settings. Your browser can be set to send a notification when a cookie is activated. This allows you to deny use of this cookie or to delete the cookie at the end of your visit.

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