Terms of service
PROJECT LOOT CO. TERMS AND CONDITIONS
Last Updated: 11/18/23
Welcome to Project Loot Co. These terms and conditions (the "Agreement") constitute a legally binding agreement between you (the "User" or "Customer") and Project Loot Co. ("we," "us," or "our"). By accessing this website and/or making a purchase, you agree to be bound by these terms. Please read the following terms carefully before using the site or placing an order.
1. General Terms
1.1 By using this website, you agree to comply with and be bound by these terms and conditions.
1.2 We reserve the right to update, change, or replace any part of these terms and conditions without notice. It is your responsibility to check this page periodically for changes.
1.3 Your use of this website following any changes constitutes acceptance of those changes.
2. Product Information
2.1 We make every effort to display as accurately as possible the colors and images of our products on our website. However, we cannot guarantee that your monitor's display of any color will be accurate.
2.2 All product descriptions are subject to change at any time without notice.
3. Orders and Payment
3.1 By placing an order, you are offering to purchase a product on and subject to these terms and conditions.
3.2 All orders are subject to availability and confirmation of the order price.
3.3 We reserve the right to refuse any order you place with us.
3.4 Payment must be made in full before the order is processed.
3.5 Prices are subject to change without notice.
4. Refund Policy
4.1 We do not offer refunds at this time. However, this policy is subject to change at any time without notice. Please refer to our Refund Policy page for the most up-to-date information.
5. Harm Disclaimer
5.1 While we strive to provide a safe online environment, we cannot guarantee that our site is 100% harm-free for users at all times. By using this site, you acknowledge the inherent risks associated with online activities and agree that Project Loot Co. is not liable for any damages or losses resulting from the use of our website.
6. Shipping and Delivery
6.1 Project Loot Co. will make every effort to deliver your order within the estimated timeframe of 5-14 days. However, we are not responsible for delays outside of our control.
6.2 Shipping costs are calculated at checkout and are the responsibility of the customer.
6.3 Title and risk of loss for all products pass to you upon our delivery to the carrier.
7. Information Changes
7.1 Any information communicated in this policy, including product details, prices, and terms, is subject to change at any point without notice.
8. Order Refusal
8.1 We reserve the right to refuse any order at any time for any reason. If an order is refused, the customer will be promptly notified, and any payment made will be refunded.
9. Intellectual Property
9.1 All content on this site, including but not limited to text, graphics, logos, images, audio clips, and software, is the property of Project Loot Co. and is protected by international copyright laws.
9.2 You may not reproduce, distribute, display, sell, or use any content on the site without our express permission.
10. Privacy Policy
10.1 Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and disclose personal information.
11. Limitation of Liability
11.1 To the extent permitted by law, Project Loot Co. shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of this website or the purchase of our products.
11.2 In no event shall Project Loot Co.'s total liability exceed the amount paid by the user for the specific product or service giving rise to the claim.
12. Indemnification
12.1 You agree to indemnify and hold Project Loot Co. 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 and conditions.
13. Governing Law
13.1 These terms and conditions are governed by and construed in accordance with the laws of Maryland.
14. Contact Information
14.1 Questions about the terms and conditions should be sent to projectloot.co@gmail.com.
By using this website and purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree to these terms, please do not use our website or make a purchase.
SMS Marketing
By consenting to Project Loot’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at projectlootco.help@gmail.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
1. Arbitration:
By using or purchasing Project Loot products or services, you agree that any controversy, claim, action, or dispute between you and Project Loot arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Project Loot’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
1. Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Aberdeen, Maryland, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Maryland, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
2. Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Project Loot’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Project Loot. You are responsible for ensuring Project Loot’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
2. Class Action Waiver:
You and Project Loot agree that you may bring or participate in Claims against Project Loot only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Project Loot agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.