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These Terms and Conditions (these “Terms”) of Now & Later Boutique, including, without limitation, the purchase of a membership subscription to utilize the Services (a “Membership”). These Terms do not apply to any content or services provided by third parties, whether or not such third party services (or links thereto) appear on Now & Later Boutique website or are otherwise incorporated into the Services. These Terms affect your rights, so please read them carefully. Subject to these Terms, on Now & Later Boutique will use commercially reasonable efforts to provide to you the Services and commercially reasonable technical support via on Now & Later Boutique website and/or mobile applications available on various platforms in accordance with on Now & Later Boutique’s standard practices.”
1. Acceptance of Terms and Conditions
By using the Services, you are expressing your acceptance of and willingness to be legally bound by these Terms, as amended from time to time. Your use of a particular Now & Later Boutique webpage included within the Now & Later Boutique website may also be subject to additional terms outlined elsewhere on such webpage. You may not use the Services without accepting these Terms. Individuals must be 18 years of age or older to use the Services, or, if under 18, be at least 13 years old and have the consent and active involvement of a parent or legal guardian. If you agree to these Terms on behalf of a legal entity, you represent to Now & Later Boutique that you have the authority to bind such entity and its affiliates to these terms. In such case the term “you” or “your” as used herein will also refer to such entity and its affiliates. Subject to your compliance with these Terms, Now & Later Boutique grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the term of your Membership.
2. Changes to Terms and Conditions
Now & Later Boutique may, from time to time and in its sole and absolute discretion, amend or modify these Terms with or without notice to you, provided that Now & Later Boutique will use commercially reasonable efforts to give you at least 14 days’ prior notice on Now & Later Boutique website or via email of any such amendment or modification. The most current version of these Terms will supersede all previous versions, and your use or continued use of the Services will constitute your acceptance of and willingness to be bound by such version of these Terms. The most current version of these Terms may be viewed at any time by clicking on the “Terms of Use” link at the bottom of Now & Later Boutique’s website.
3. Your Information and Content
As part of the Membership registration process (including free trials, as described below), you will be required to provide certain personal identifying and financial information in connection with your Now & Later Boutique account. You may also add additional personal information to your account profile at your discretion (such information is not required to use the Services but may improve the user experience). All information you provide to Now & Later Boutique, directly or indirectly, is subject to Now & Later Boutique’s Privacy Policy, which policy you agree to by your use of the Services, so please review it carefully to understand Now & Later Boutique’s privacy practices.
Subject to Now & Later Boutique’s Privacy Policy, Now & Later Boutique is free to use any comments, information, ideas, concepts, reviews, and/or techniques provided by you to Now & Later Boutique or its affiliates (e.g., via communications or questionnaires directly with Now & Later Boutique or post or comments made on Now & Later Boutique’s website), directly or indirectly (collectively, “User Content”), without any form of compensation, acknowledgment or payment to you.
Notwithstanding anything to the contrary, Now & Later Boutique shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning your User Content and data derived therefrom), and Now & Later Boutique will be free (during and after the term hereof) to (a) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Now & Later Boutique offerings, and (b) disclose such data solely in aggregate or another de-identified form in connection with its business. In furtherance of the foregoing, if you provide any suggestions, enhancement requests, recommendations, comments, or other feedback relating to the Services to Now & Later Boutique, you agree that Now & Later Boutique and its affiliates may freely use, reproduce, license, distribute, and otherwise commercialize the feedback in connection with the Services and/or for any other lawful purpose, on a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual basis. Now & Later Boutique will not be obligated to implement any feedback or correct any defects, bugs, or errors in the service identified in the feedback or otherwise.
In addition to the foregoing, you hereby also grant to Now & Later Boutique a nonexclusive, worldwide, transferable, sublicensable (to its subcontractors and service providers), irrevocable, royalty-free, fully paid-up license to access, use, display, reproduce, modify and process your User Content in accordance with these Terms and Now & Later Boutique’s Privacy Policy, as each is amended from time to time.
4. THIRD PARTY LINKS AND RESOURCES
The Services may contain links to third-party sites that are not owned or controlled by us. References on our Site and App to any names, marks, products or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.
We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile app platform with which the Services operate or otherwise interact. The Company is not responsible for the acts or omission of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Services by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
5. DESCRIPTION OF PRODUCTS/SERVICES
Now & Later Boutique provides apparel, accessories, merchandise but not limited to.
6. LIMITATION OF LIABILITY
The Owner shall not be liable for any direct, indirect, incidental, consequential, or special damage(s) arising out of or in connection with the use of the services or the website content.
7. IDENTIFICATION AND CONTACT INFORMATION
This website/application is operated by Now & Later Boutique. Our principal place of business is located at PO BOX 2364 Kailua Kona HI US 96745-2364. You can contact us by writing to the address above or using our website contact form by emailing support@nowandlater.shop.
8. 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
9. LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES
PLEASE READ THE FOLLOWING CLAUSES CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAW SUIT IN COURT.
9.1 Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and NOW & LATER BOUTIQUE agree that any dispute, claim, disagreement arising out of or relating in any way to your access to or use of the Site, App, Services or the Agreement and prior versions of the Agreement, including claims and disputes that arose between us before the effective date of this Agreement (each a “Dispute”), will be resolved by binding arbitration, rather than in court, except that (i) you and NOW & LATER BOUTIQUE may assert claims or seek relief in a small claims court if such claims qualify and remain in small claims court; and (ii) you and NOW & LATER BOUTIQUE may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
9.2 Waiver of Jury Trial. YOU AND NOW & LATER BOUTIQUE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and NOW & LATER BOUTIQUE are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the paragraph entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.
9.3 Class Action Waiver. YOU AND NOW & LATER BOUTIQUE AGREE THAT, EXCEPT AS SPECIFIED IN THE PARAGRAPH ENTITLED “BATCH ARBITRATION” BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. To the extent permissible by law, there shall be no right or authority for any dispute to be arbitrated as a representative action or as a private attorney general action, including but not limited to claims brought pursuant to the Private Attorney General Act of 2004, Cal. Lab. Code § 2698, et seq. This means that you may not seek relief on behalf of any other parties in arbitration. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this paragraph, “Class Action Waiver” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and NOW & LATER BOUTIQUE agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and shall be pursued in the courts indicated in paragraph 13.11 below. All other Disputes shall be arbitrated or litigated in small claims court. This paragraph does not prevent you or NOW & LATER BOUTIQUE from participating in a class-wide settlement of claims.
9.4 Informal Dispute Resolution. You and NOW & LATER BOUTIQUE agree to try to resolve any Dispute informally before resorting to arbitration. You and NOW & LATER BOUTIQUE therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to NOW & LATER BOUTIQUE that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to us at support@nowandlater.shop or regular mail to PO BOX 2364 Kailua Kona HI US 96745-2364. Notice to you will be sent to the address or email address associated with your account or to your publicly available address or email address if you do not have an account with us. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
9.5 Arbitration Procedures. You and NOW & LATER BOUTIQUE agree that this Arbitration Agreement affects interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., applies. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and NOW & LATER BOUTIQUE agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS. Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other Disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. Any arbitration of a Dispute relating to your access to or use of the Site, the App, or Services, any products sold or distributed through the Site or the App primarily for personal, family or household purposes shall also be subject to the allocation of arbitration costs and other requirements of the JAMS’ policy regarding Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness available at https://www.jamsadr.com/consumer-minimum-standards/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Arbitration Rules. If there is a conflict between the JAMS rules and this Arbitration Agreement, this Arbitration Agreement shall control.
9.6 A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. To initiate arbitration, you must send the Request to PO BOX 2364 Kailua Kona HI US 96745-2364. If we initiate arbitration, we will send the Request to the address or email address associated with your account or to your publicly available address or email address if you do not have an account with us. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Unless you and NOW & LATER BOUTIQUE otherwise agree, or the Batch Arbitration process discussed below is triggered, the arbitration will be conducted in the county where you reside.
9.7 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and NOW & LATER BOUTIQUE agree that in the event that there are twenty five (25) or more individual Requests of a substantially similar nature filed against NOW & LATER BOUTIQUE by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by NOW & LATER BOUTIQUE. You and NOW & LATER BOUTIQUE agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
9.8 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the paragraph entitled “Class Action Waiver,” including any claim that that same paragraph is unenforceable, illegal, void or voidable, or that it has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the paragraph entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
9.9 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to us at support@nowandlater.shop within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. If the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the courts indicated in paragraph 13.11 below.
9.10 Invalidity, Expiration. Except as provided in the paragraph entitled “Class Action Waiver”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with NOW & LATER BOUTIQUE as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
9.11 Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if NOW & LATER BOUTIQUE makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to NOW & LATER BOUTIQUE at PO BOX 2364 Kailua Kona HI US 96745-2364, your continued use of the Site, the App and/or Services, including the acceptance of products and services offered on the Site or App following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the Site or the App, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. NOW & LATER BOUTIQUE will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
9.12 Governing Courts. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in Delaware (except for small claims court actions which may be brought in the county where you reside).
10. LEGAL TERMS
10.1 Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
10.2 Entire Agreement; No Waiver. These Terms, together with our Privacy Policy, and any other legal notices and policies published on the Site or App, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions, and writings regarding the Services. If any provision of the Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
10.3 Electronic Communications. The communications between you and NOW & LATER BOUTIQUE may take place via electronic means, whether you visit the Services or send NOW & LATER BOUTIQUE e-mails, or whether NOW & LATER BOUTIQUE posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from NOW & LATER BOUTIQUE in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that NOW & LATER BOUTIQUE electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
10.4 Indemnification. You agree to release, indemnify, and defend the Company and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services, including any Third-Party Sellers; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter. This provision does not require you to indemnify NOW & LATER BOUTIQUE for any unconscionable commercial practice by NOW & LATER BOUTIQUE or for NOW & LATER BOUTIQUE’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder.
10.5 Interpretation. In construing or interpreting the Terms, headings are for convenience only, and not to be considered.
10.6 Applicable Law. These Terms along with your use of the Services and the purchase of products through Services shall be governed by the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the agreement.
10.7 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
10.8 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and NOW & LATER BOUTIQUE agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in California.
10.9 Notice. Where NOW & LATER BOUTIQUE requires that you provide an e-mail address, you are responsible for providing NOW & LATER BOUTIQUE with a valid and current e-mail address. In the event that the e-mail address you provided to NOW & LATER BOUTIQUE is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, NOW & LATER BOUTIQUE’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to NOW & LATER BOUTIQUE to PO BOX 2364 Kailua Kona HI US 96745-2364. Such notice shall be deemed given when received by NOW & LATER BOUTIQUE’s agent for service of process.
10.10 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.
10.11 Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Services may not be exported or reexported (a) into any United States embargoed jurisdiction (currently, Cuba, Iran, North Korea, Syria, and the Crimea, so-called Donetsk People’s Republic, and so-called Luhansk People’s Republic), or (b) to anyone designated on, or 50% or more owned or otherwise controlled by persons designated on, any governmental list of prohibited or restricted parties (including, but not limited to, the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or Foreign Sanctions Evaders List or the U.S. Department of Commerce’s Denied Person’s List or Entity List). By using the Service, you represent and warrant that (i) you are not located in a country or territory that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “state sponsor of terrorism” and (ii) you are not listed on, or 50% or more owned or otherwise controlled by persons designated on, any governmental list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. or other applicable law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons proliferation. You acknowledge and agree that products, services or technology provided by NOW & LATER BOUTIQUE are subject to the export control laws and regulations of the United States and other applicable jurisdictions. You shall comply with these laws and regulations and shall not, without prior U.S. or other relevant government authorization, export, re-export, or transfer NOW & LATER BOUTIQUE products, services or technology, either directly or indirectly, to any jurisdiction in violation of such laws and regulations.
Messaging Terms & Conditions
Now & Later Boutique | PO BOX 2364 Kailua Kona HI US 96745-2364
General
When you opt-in to the service, we will send you a message to confirm your signup.
By opting into messages, you agree to receive recurring automated marketing and informational text messages from Now & Later Boutique. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.
Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with Now & Later Boutique. Now & Later Boutique reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Now & Later Boutique also reserves the right to change the short code or phone number or alphanumeric sender where messages are sent.
Your usual message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your mobile provider. Your mobile provider is not liable for delayed or undelivered messages.
Your consent to receive marketing messages is not a condition of purchase.
Carriers
Carriers are not liable for delayed or undelivered messages.
Cancellation
Messages will provide instructions to unsubscribe either by texting STOP or through an included link. After you unsubscribe, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from Now & Later Boutique again, just sign up as you did the first time, and Now & Later Boutique will start sending messages to you again.
Info
For support regarding our services, email us at support@nowandlater.shop or, if supported, text “HELP” to 8084906600 at any time, and we will respond with instructions on how to unsubscribe. If we include a link in messages we send you from Now & Later Boutique, you may also access instructions on how to unsubscribe and our company information by following that link.
Transfer of Number
You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at support@nowandlater.shop. The duty to inform us based on the above events is a condition of using this service to receive messages.
Messaging Terms Changes
We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. If you do not agree to a change to these Messaging Terms, you should cancel your enrollment with our messaging program. Your continued enrollment following such changes shall constitute your acceptance of such changes.