Terms of service

DARE TO HAVE HAIR

TERMS & CONDITIONS

We will make every effort to match each order to your exact specifications. Because our natural hair is 100% virgin human hair and each individual piece comes from a separate donor. Bundles can be longer in length than what is selected at checkout, we also cannot guarantee hair color or texture. Our natural hair comes in a straight, wavy or curly pattern, (please note curly and wavy textures are measured stretched) which can result in the hair in the natural state being 4-6 inch shorter. However pressed straight or flatly stretched will show the correct length sometimes longer. When measuring closures and frontals please lay that item down flat and pull towards the middle to get the true length. Our frontals and closures come with many short pieces and baby hairs in the front to give a more natural realistic look. 

Our virgin hair color can vary between tones of natural browns and dark browns. In the event that color you select is not unavailable, Dare To Have Hair will substitute using the closest color available to prevent a delay in shipment. In most cases the hair we carry is in natural brown color with variations of highlights. In some cases we may have natural lighter pieces that are available upon request but not guaranteed.

Our Virgin hair is measured before shipped directly to you. We will include the exact length of each item on your invoice. In most cases because we're dealing with unprocessed hair, the hair can measure longer. 

CREDIT CARD/CHARGEBACK FRAUD

Credit card fraud and theft of our merchandise will be prosecuted to the fullest extent of the law. If your billing address is different from your shipping address you will be required to fill out a credit card authorization form and send supporting documentation before your shipment is released. If this is necessary a representative will contact promptly after your order has been placed. 

Chargeback fraud is the fraudulent request for a return or refund in the form of a chargeback. The transaction passed fraud prevention but is disputed by the cardholder in an attempt to regain the transaction amount while retaining the product or services rendered.

(MISDEMEANOR) Petit Larceny – Amounts below $50 

(FELONY) Grand Larceny – Amounts between $500 - $1,000

Any customer who purchases from Dare To Have Hair, stops payment while order is out for delivery, and decides to keep purchased orders, will result in Dare To Have Hair filing a civil lawsuit that may include causes of action of fraud, conversion, breach of contract, and other related allegations.  Retail theft can cover a broader criminal charge than shoplifting.

All orders processed through Dare To Have Hair are tracked from the time it leaves the warehouse to the time it is delivered.  This means that we know you received our package, and we have proof that the item is deemed, “stolen”. 

 

FRAUDULENT NOTICE POLICY

To prevent credit card fraud, Dare To Have Hair, Inc. will request additional information if your billing, banking or credit card information does not match with the information you have on file with the credit card processor.

The credit card company or issuing bank automatically checks the billing address, IP address and CVV code provided by the customer to the merchant against what it has on its records and reports back to the merchant. If the information is not accurate, we will need further verification to proceed with the purchase.

All fraudulent notices must be responded to within 5 business days.  Failure to adhere and respond with the required documentation, will result in the order being cancelled.

Refunds for failure to respond to fraudulent notices will be process by Dare To Have Hair, Inc. within 5 business days.  The timeframe of the refund is based solely on the credit processors refund policies and not based on Dare To Have Hair’s refund date.

Fraudulent notices will come from the order processing email account.  

All customer responses must go to customer service email address only.

Customer Service: DareToHaveHairCustomerService@gmail.com

 

COMPLETED HAIR STYLES

Hair styles and images that are on Dare To Have Hair, inc website or social media pages are custom looks that are styled by professionals.  These looks are completed by the stylist’s creativity and techniques.  Dare To Have Hair, inc is not responsible for any displeasure a customer may have over the look, style, technique or completed installation/coloring of their hair. Once hair has been styled, installed, altered by chemicals or products, or constructed by wig maker or customer we are no longer responsible as the product is no longer in its original state. 

CUSTOMER’S PURCHASE SELECTION

Dare To Have Hair, Inc. has the right to can cancel any order and institute refunds to customers in the event of pricing errors (or for any reason). Customers who experience a canceled order due to pricing errors can reorder their items once all pricing errors are corrected and updated.

TEXTURE & ORIGIN OF HAIR MATCHING

Dare To Have Hair is not responsible for the items that the customer’s purchase incorrectly.  It is the customer’s responsibility to ensure that they are purchasing products to best suits the intended hair style desired.  Dare To Have Hair will not refund orders due to the customer purchasing incorrect textures when ordering closures, frontals, and bundles.  

Images are available of all hair textures that are available for purchase selections.  Please ensure that you are not selecting a texture of hair you do not wish to install.  

LENGTH & TOTAL BUNDLE OPTIONS

Dare To Have Hair is not responsible for ensuring your hair is long enough for your desired style or full enough for your desired look.  Information pertaining to your desired style should be discussed with your stylist prior to purchasing hair (please note curly and wavy textures are measured stretched). Curly/Wavy textures in nature state will appear 4-6 inches shorter. 

Orders are fulfilled based on what is selected pre-check out.  Fulfilment team members are not responsible for notifying the customer in reference to desired looks and the insufficient amount of hair that is purchased. 

The longer the hair length, the more hair a style will require to prevent a thin finished look. 

Your stylist will need to inform you if your desired style requires 2 bundles, 3 bundles, or more.  Your stylist will need to inform you if your desired style requires ascending length options (ex. 14 inch, 16 inch, and 2 - 18 inch bundles).

Our DARING Bundles are 3.5 oz 

Here are Dare To Have Hair, Inc recommendations:

10 inch to 18 inch we recommend 3 bundles for a full insulation. 

20 inch to 24 inch we recommend 4 bundles for a full installation. 

26 inch to 30 inch we recommend 5 bundles for a full installation. 

32 inch to 40 inch and longer we recommend 6 to 7 bundles for a full installation. 

Hair lengths that are on our website site or social media pages are based on the models height, neck and torso and will not reflect how the desired style will look on you. 

 

ORDER PROCESSING CHANGES NOTICE

Dare To Have Hair, Inc. cannot make any modifications to orders that have been processed. 


WE CANNOT:

  • Change an order from ONLINE to IN-STORE
  • Change an order from IN-STORE to ONLINE
  • Change a shipping address
  • Change the order or modify any invoices
  • Change the payment processor
  • Change any product updates or exchanges
  • Change delivery addresses
  • Change any customer demographic or information 
  • Change quantity, length, origin, or order


All shipping modifications are handled between the customer and the shipping carrier.  

Once a package is deemed as “delivered” by the shipping carrier, Dare To Have Hair will honor the delivery status. Once a package is deemed “delivered”, it is considered to be a completed purchase and delivery. All “delivered”, packages will not be mitigated by Dare To Have Hair, Inc. as we have fulfilled our requirement of the purchase.

Please refer to ORDER PROCESSING POLICY

 

* ONCE A ORDER IS PLACED WE CAN NOT  CANCEL THE ORDER, ALL ORDERS ARE FINAL. 

Our business hours are Monday through Friday from 10:00 am to 6:00 pm EST. All orders received after 2:00 pm are processed on the next business day. Current  process time 3-5 business days. During peak season, or our busy season processing can take up 10-15 business days. Please note if your address, payment, name or any information is invalid, more information will be needed to process your order. During processing our billing team may place a hold on your order or require more time to process your order. More of this information will reflect on you order confirmation, due to possible fraud warning or past order history. All order Orders placed over the weekend will be received as a Monday order unless Monday is a holiday. Wig orders and 13x6 lace can possibly take up to 15 business days, as these items are custom made. Once shipped, orders arrive within the time frame selected at checkout. (Please note all shipping carriers are experiencing delays due to covid and smaller staff.)

Please note that Dare To Have Hair will not respond to customer service questions/concerns outside of normal business hours. 

All customer service communication will be responded to within 48 - 72 hours.  This time may fluctuate during high order seasons.  

 

Rush processing can be requested upon product availability. The fee for this service is $89. 

Please contact our office directly, if this service is needed. If interested Please text 302-689- DARE (3273) 

 

Wigs may take up to 15-25 days for processing due to covid.

PRODUCT AVAILABILITY

If any product is out of stock, unavailable or if we are just simply unable to fulfill your order we will contact you immediately to find out if you are interested in receiving a substitution.  Please note that Dare To Have Hair will not hold orders until a product is available. 

REFUND POLICY

Due to the nature of our products, all sales are final.

 

INCORRECT ORDER RETURN POLICY

All sales are final. If we made an error with your order, we’ll get it corrected for you.

Please email customer service.

According to the Federal law you cannot return human hair products that have been used.

Dare To Have Hair, Inc will only accept orders that are incorrect. If you receive an item that is incorrect to your order form, we must be notified within 10 days. No items will be considered for return outside of the 10-day grace period.

Return items must be unused and in the same condition that you received it. It must also be in the original packaging. We will not accept any merchandise which has been used or altered (brushed, combed, picked, cut, colored, removed from the weft or processed) in any way. 

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

Once your item 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 and prepare the corrected package.  Dare To Have Inc. will not provide refunds to returned items as the return is solely to replace with the correct item as per the order invoice.

We will not accept any merchandise which has been used or altered (brushed, combed, picked, cut, colored, removed from the weft or processed) in any way.

This includes removing the hair from the bundle and trying it on. We adhere to these strict policies with respect to hair returns, hygiene concerns and federal law. Please return the item in the original and resalable condition as a necessary health precaution. Note that perming, custom coloring/bleaching, lifting, rinsing, removing the hair from the weft or otherwise processing the hair VOIDS ALL EXCHANGE AND REPLACEMENT guarantees.  To process an exchange, the unwanted product would need to be sent back using our pre-addressed labels. Once your product has been received it will be examined thoroughly. If the product has been returned unused, in its original condition we will replace the product with the correct order invoice item.

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.



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.







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.









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. If 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.



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.

 

SHIPPING DELAYS/NOTICE

For your convenience it's always advisable not to wait until the last minute to place your order. If you have a deadline, hair appointment or other engagement it is always wise to order far enough in advance to allow for unanticipated delays. Dare To Have Hair sends out email notifications as the processing timeframe updates:

  • ORDER CONFIRMATION
  • SHIPPING CONFIRMATION

 

Please refer to ORDER PROCESSING POLICY

 

Once your order is placed, Dare To Have Hair will not change your shipping to express or expedited as they system processes all orders for the fulfillment center.

We are not responsible for late shipments due to inclement weather, holidays, natural disasters, or carrier delays. Please keep in mind holidays do not count as a business day and should be considered when calculating shipping times. We entrust USPS or UPS to deliver your package on time. If your package is delayed, we will not offer a reimbursement of shipping charges. If you need additional information, please contact us.

 

Once a package is deemed as “delivered” by the shipping carrier, Dare To Have Hair will honor the delivery status. Once a package is deemed “delivered”, it is considered to be a completed purchase and delivery. All “delivered”, packages will not be mitigated by Dare To Have Hair, Inc. as we have fulfilled our requirement of the purchase.

Please refer to the Credit/Chargeback Fraud notice above for all legal ramifications of stopping payment while in transit.

Incomplete or incorrect address information is the major cause of shipment delays. Check the address information on your order. Make sure you have included ALL the information (address, apt#, etc.) needed to deliver your package. Your order will be shipped via USPS OR UPS to the address you provide. It is extremely important that you give us the most accurate and complete information possible.

NO REFUNDS WILL BE ISSUED FOR REFUSED OR ABANDONED SHIPMENTS

If a shipment is returned to us due to a bad address, you will be responsible for additional shipping charges.

PLEASE NOTE WE DO NOT COVER DUTY FEES NOR IMPORT FEES FOR OUT OF COUNTY PACKAGES. PLEASE UNDERSTAND DEPENDING ON YOUR COUNTRY ADDITIONAL FEES MAY APPLY.

CUSTOMER SERVICE POLICY:

Please note that Dare To Have Hair will not respond to customer service questions/concerns outside of normal business hours.

All customer service communication will be responded to within 48 - 72 hours.

Monday – Friday ONLY

Customer Service is not open on the weekends or holidays.

This time may fluctuate during high order seasons.  

Please contact Customer Service: DareToHaveHairCustomerService@gmail.com


HAIR MAINTENANCE

We take great pride in our product and it is 100% guaranteed. Since natural hair is reactive to a simple wash and deep conditioning product issues or concerns can often easily be remedied by implementing a simple care regimen.

- Apply Dare Care Conditioner and comb hair, starting with the ends working your way up to your scalp.

- Leave Conditioner in for at least 15 minutes or more.

- Do not massage the hair.

- Rinse thoroughly.

- Scrunch hair gently to enhance the curls.

- When damp, apply a dime size of an anti-frizz alcohol free hair serum, we recommend Dare Care Sleek Serum. 

- For deep curly textures, a curl cream may be required for a more wet sleek  look,

- Let air-dry

- Do not use heavy oily products or excessive products on the hair, it will cause matting.

- Do not brush or comb hair when dry, it will cause hair to frizz and may cause hair to tangle.

Important NOTE: 

Conditioner only wash is recommended at least 3 times a week, shampoo can dry the hair out. 

Only use alcohol and paraben free shampoo if the hair has a lot of buildup. Then follow up with a deep condition. Please remember because the hair is not connected to the human body which flows with nutrients down to the cuticle, it is important to take great care of your virgin hair. 

It is at the sole discretion of Dare To Have Hair to provide replacement hair upon request. If the customer selects a product in exchange of greater value, they will be responsible for paying the additional cost of the item.

Dare To Have Hair is not responsible for the products that are used on the hair.  Please note that there are many harmful products that stylists or individuals may use on hair for styling purposes.  These products may cause the hair to become brittle, dry, or potentially shed.  It is the customer’s responsibility to contact Dare To Have Hair’s Customer Service Team and inform them of any issues before hair is installed or tampered with.  Once hair is installed or tampered with, Dare To Have Hair will fully follow the Terms & Conditions stated under EXCHANGES section.

WHY ARE THERE SHORT HAIRS IN MY UNIT?

The shorter hairs you see in your set are specifically applied during the manufacturing level to help those who already have layers in their hair, and to help create more dimension in the set. These additional layers make the hair in the set look more natural because we also have shorter strands of hair throughout our head because all hair sheds and grows at different rates.

WHAT TYPE OF LACE DO YOU CARRY?

We carry Swiss Lace and HD. If the product does not note it is HD, it is swiss.

Swiss Lace is slightly thicker and more durable and is usually light brown/grayish hues. 

Hd Lace is finer, and more fragile, than Swiss lace, and blends better with the skin for a less visible appearance.

Transparent lace is made typically French or Swiss lace. Swiss lace is more commonly used for transparent lace extensions. Transparent lace is very thin lace and ventilated. Also, it is very thin, which will lay more undetectable on your skin to look like your real scalp. The best part is this lace makes for less obvious knots.

HD lace is thin, soft, and very see-through so when you put it on your head, it will get very undetectable and blend very well with your skin tone. However, it doesn’t suit for wig beginners, because it is very thin and delicate and you need to handle it very carefully. And the lace is very soft so you need to glue it down, then it will not lift up but if you take it off and want to clean the glue, the lace will be easily torn up. And HD lace wig normally is not cheap so if you want to wear it every day or you are a wig beginner, it is not a good choice for your budget. But in some special occasions, like wedding, photoshoot or prom, you can wear it which will give you a flawless looking.

LOST SHIPMENTS

Dare To Have Hair, Inc., offers shipping insurance to all customers at the time of checkout.  If you have tracked your package and there is a discrepancy in delivery information or it has been lost in transit, please contact us immediately.  You will need to file a claim through the shipper.  Once the shipper declares the item to be “stolen” or “lost”, a claim request will be sent to Dare To Have Hair directly.  Please note that Dare To Have Hair is not responsible for the length of time it takes for a claim to be processed.

If you do not select or opt in to shipping insurance, Dare To Have Hair is not responsible for any lost or missing packages that occur on the shipper's end. By opting out of the shipping insurance, you acknowledge and remove all and any liability from Dare To Have Hair, Inc. 

Dare To Have Hair, Inc. will not replace any lost or stolen packages that are deemed "lost or stolen" by the shipping carrier as evidenced by a claims report, for any customer who opts out of shipping insurance. 

INTERNATIONAL SHIPMENTS

International Shipments must clear customs. The rules and requirements for customs clearance vary from country to country. It is the customer's responsibility to pay any additional taxes, fees or duties or to arrange for any permits or special paperwork that may be required. Invoices are sent with all shipments. This is the only document that will be sent with your shipment.

POLICY CHANGES

Dare To Have Hair, Inc., reserves the right at our discretion to make changes to prices, policies and procedures. Please check this page periodically for changes.

LIMITATION OF LIABILITY

Dare To Have Hair Inc., does not accept liability beyond the remedies set forth herein, including any liability for products not being available for, or the provision of services and support. Dare To Have Hair Inc. will not be liable for consequential, special, indirect or punitive damages even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. This limitation of liability applies both to products and services. Customer agrees that for any liability related to the purchase of products, Dare To Have Hair Inc. is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase of products under this agreement. Customer agrees that for any liability related to the purchase of services not bundled with products under this agreement, Dare To Have Hair Inc. is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase of services under this agreement.

PRIZES AND COMPENSATION

Any purchases made at trade shows, or received as prizes or for compensatory purposes are not permitted to be exchanged or returned. Note: If you need further clarification about our Terms and Conditions or have general questions please call (866) 678-3273 or email us at infoTeamDareToHaveHair@gmail.com.

“I DID NOT RECEIVE AN ORDER CONFIRMATION EMAIL”

If you do not receive an email from Dare To Have Hair, within a few hours of placing your order, be sure to check your personal Spam folder. Alternatively, the email address on file might be spelled incorrectly.

To check your orders, log into your Dare To Have Hair account and select the “My Orders” option to review your order history.

If you are still unable to locate the confirmation email for your order, please contact our Customer Care team via the online customer request form.

“I WAS SO EXCITED T0 PLACE MY ORDER I FORGOT THE COUPON CODE / I WOULD LIKE TO CHANGE MY PAYMENT SOURCE”

Regrettably, orders that have already been placed cannot be changed nor cancelled. Please note discounts cannot be added after a purchase has been processed or finalized. Instead, please use your code or different payment source on your next purchase.

HOW CAN I CANCEL MY ORDER?

We know how important your order is, so we aim to fulfill orders as quickly as possible! 

We cannot cancel or change an order once it has been placed.

Please do not place an order if you are not prepared to purchase your items.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

DTHH, INC (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 https://daretohavehair.com/policies/privacy-policy. 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.

1. 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. Message frequency varies.

2. 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 acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that DTHH, INC and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of hair extensions, wigs, and hair care products. Messages may include checkout reminders.

4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at infoteamdaretohavehair@gmail.com. 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.

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

7. 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. Carriers are not liable for delayed or undelivered mobile messages.

8. 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.

9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

10. 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.

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. 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 Middletown, Delaware 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 DTHH, INC ’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

13. 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.