Terms & Conditions

Terms & Conditions

By using the www.spearmintLOVE.com website (the “Site”), by creating an account at the Site, or by signing up for the Spearmint Love mobile message service (the “Service”), you signify your acceptance of both these Terms and Conditions (the “Terms”) and the Privacy Policy of Spearmint Ventures, LLC dba SpearmintLOVE (“Spearmint”), which is incorporated herein by reference. If you do not agree, please do not use our Site, as your continued use of the Site constitutes agreement to be bound by these Terms, and continued use following the posting of changes to the Terms, the Privacy Policy, or any other policy posted on our Site will be deemed your acceptance of those changes.

The Terms apply only to the Site and the Service and do not apply to any websites that may be linked to the Site. For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites. It is your obligation to review the Terms before accessing the Site or making a purchase. To the maximum extent permitted by applicable law, we may modify these Terms at any time and any changes to the Terms will be effective immediately upon our posting them to the Site, unless otherwise stated. We reserve the right to change the contents of the Site and to modify or cancel the Service, or any of its features, at any time in our sole discretion, with or without notice. Your continued use of the Site and/or Service following the posting of changes to the Terms means that you accept and agree to the changes.

All terms and conditions contained herein are applicable to the extent permitted by applicable law. If any of these terms and conditions is deemed invalid, void or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.

  1. Account

Certain functions of the Site may require registration, including purchasing products. By creating an account you are representing to Spearmint that you are at least eighteen (18) years old.  You may only create and use an account for your own personal use. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Site and all other activities performed by the party using your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including, but not limited to, any damages of any kind incurred as a result of such acts or omissions. If you delete your account, we may still need to retain certain information for record keeping, administrative, legal and technical purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. By registering for an account, you grant us permission to send emails, offers, promotions and other marketing material to you via email. You may unsubscribe at any time. You may access your account at www.spearmintLOVE.com.

Account holders are responsible for reading Spearmint’s Privacy Policy in order to understand how the Company collects, uses, and discloses their data.  If you have any questions about the Privacy Policy or its collection, use, or disclosure of your data, please contact customer service at customerservice@spearmintLOVE.com.

  1. Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. All prices and denominations are listed, and transactions are conducted, in United States Dollars. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Site at a particular time does not imply or warrant that these products or services will be available at any time.

We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. 

While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer even after a confirmatory email. We also may require verification of information prior to the acceptance and/or shipment of any order.

  1. Shipping

All orders are shipped from our warehouse in Arizona. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Any delivery dates provided by Spearmint are estimates, this includes but is not limited to pre-order items, which reference an "Expected Ship Date" which is our best estimate of product availability at the time of sale.  These dates can and do change.  Please be aware that while we make every effort to deliver on or before these dates, items, especially pre-ordered items, are subject to changes in actual ship dates.  In order to provide the best service experience, we encourage customers to avoid time-sensitive purchases such as gifts on pre-order items.

We reserve the right to make deliveries in installments as products are ready. Spearmint will send you an email when your order has shipped and you may review your order and shipping information on your account page.  All shipments go by way of USPS, FedEx, UPS, or DHL at SpearmintLOVE's discretion.

All shipments include tracking with delivery confirmation.  Please make certain to ship to a secure location as we will not process refunds or re-ship orders once delivery confirmation is received.

Spearmint may cancel orders for any reason at any time and in our sole discretion. These can include fraud prevention, orders connected with a previous credit card dispute, or inventory errors.

For our International Customers, please note that international purchasers assume all risk of loss, theft, customs seizures, clearance, levies, storage charges, broker fees, and the like associated with international shipping (the foregoing collectively, “International Shipping Events”), and you agree that Spearmint shall not be held liable for any international Shipping Events.

International orders (outside of the United States) may be subject to VAT, import taxes, or other fees which your local customs authority deems appropriate. These VAT, import taxes, and other fees are paid to your local carrier or government and are not collected by SpearmintLOVE, and thus cannot be refunded.

Duties and taxes are calculated based on the items ordered, shipment destination, and the value of the purchase. If duties and taxes are charged at checkout, they will appear as a separate line item if not already included in product prices. Some countries require duties and taxes to be paid upon delivery and they will be the customer’s responsibility. It will be noted at checkout for full transparency before you order.

  1. Return Policy

Items may be returned under the following conditions:

 

  • Return postmarked back to us within 7 days of delivery
  • Returns postmarked back to us within 30 days of delivery are eligible for store credit only
  • Item must be in new, with original tags and packing intact, unworn, unwashed, free of stains, odors, and damage
  • Please include the items' original packing slip OR a note including the order number and email associated with the order.

 

Any items purchased on sale are 'FINAL SALE' are not eligible for return or store credit.

 

Returns are not accepted after 30 days. We do not offer exchanges at this time.

 

Please allow up to two weeks for your return to be processed.

 

Return Address:

SpearmintLOVE

2063 E Cedar St

Tempe, AZ 85281

  1. Special Sale Information

Black Friday / Cyber Monday Week Sale

Offer valid on orders made on spearmintlove.com using the sale codes. BFCM week coupon codes must be applied at the time of purchase. Coupon codes cannot be applied to prior SpearmintLOVE purchases. Cannot be combined with any other offers or discount codes. Returned items that were purchased using a  coupon code are eligible for store credit only. Code is not valid towards the purchase of gift cards.

Flash Sales, Brand Sales, and Influencer Codes

Offer valid on orders made on spearmintlove.com using flash sale, brand sale, influencer, or other sale codes. Codes must be applied at the time of purchase, and orders cannot be modified. Coupon codes cannot be applied to prior SpearmintLOVE purchases or future purchases after the sale. Codes cannot be combined with any other offers. Items purchased with a sale or influencer code are final sale, and notwithstanding anything the contrary herein, are not available for return. Code is not valid toward the purchase of gift cards.

Discount Codes

Codes must be applied at the time of purchase. Coupon codes cannot be applied to prior SpearmintLOVE purchases. Cannot be combined with any other offers. Codes are not valid towards the purchase of gift cards.

Sale Items

All products orders on sale are final sale, and notwithstanding anything the contrary herein, are not available for return.

  1. Intellectual Property Rights

The Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Site are either the property of, or used with permission by, Spearmint and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without our written permission or the written permission of such third party owner.

Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another website (or other medium, such as a mobile application) without our prior written permission is prohibited. Any permitted links to this website must comply will all applicable laws, rule and regulations.

  1. Third Party Links

From time to time, this Site may contain links to websites that are not owned, operated or controlled by us or our affiliates. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These links are available for your convenience and are intended only to enable access to these third party websites and for no other purpose. If you use these links, you will leave this Site, and these websites may have different privacy policies and terms of use. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website.

Notwithstanding the presentation of, or links to, any third-party information or website on the Site, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third-party. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Site, you do so entirely at your own risk.

  1. Restrictions on Use Of the Site

You may not collect or use any portion of the content of the Site in any derivative way, or download, or copy information or other matter for use of any other party. You may not gather information and data on the Site from mining, robots or other extraction tools. The information displayed on the Site may not be used for any purpose except in connection with your direct use of the Site as permitted by the Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Site except with our explicit, written permission.

In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by the Terms of Use or by applicable law. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Site, or the servers and network associated with the Site. Any unauthorized use of the Site will terminate the permission or license granted by Spearmint, which termination is in addition to all of Spearmint’s other rights at law or in equity.

Additionally, you are prohibited from posting, transmitting or in any way using the Site to deliver or receive any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Without limiting the foregoing, you further specifically agree not to use the Site to impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content, email or transmit content that infringes on the intellectual property or the right of any entity or person, intentionally or unintentionally violate any applicable local, state, national or international law; transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; and/or take any other action that may affect the ability of others to engage in activities via the Site.

In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site materials in violation of the above, the termination of your Account, and/or blocking your ability to access the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone transmitting materials in violation of these terms of service.

  1. User Information

Other than personally identifiable information, which is subject to Spearmint’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. You understand and acknowledge that you have no expectation of privacy in any such communications, and that no confidential, fiduciary, contractually-implied or other relationship is created or implied between you and Spearmint by reason of such User Communications.  By communicating with or through the Site, you agree that you are automatically granting Spearmint a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, exploit, and display any and all communications, whether transmitted to or through the Web Site, alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.  As such, Spearmint, each of its affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable, regardless of whether such communications are otherwise in violation of these Terms. Spearmint cannot, and does not, warrant or guarantee in any way, the truthfulness, accuracy, or reliability of any communications posted by another user nor does Spearmint endorse any opinions expressed by any other user. You acknowledge that any reliance on material contained in communications posted by other users will be solely at your own risk.  AS such, you are solely responsible for any and all direct and/or indirect consequences and damages, whether foreseeable or otherwise, arising in connection with the transmission of user communications and/or the use of communications posted or transmitted by others.

  1. Mobile Terms & Conditions

Spearmint offers the Service to its customers, which provides mobile marketing alerts regarding promotions, sales, offers, and cart reminders by SMS, or similar technology (“SMS Messages”). As noted above, by participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

A. Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. SPEARMINT reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

i. Agree to receive recurring SMS/text messages from and on behalf of SPEARMINT through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. 

ii. Authorize SPEARMINT to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

iii. Acknowledge that you do not have to agree to receive messages as a condition of purchase, and that participation in this program is completely voluntary.

iv. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. Please note that if you get a new mobile number, you will need to sign up for the program with your new number.

v. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact us at customerservice@spearmintLOVE.com To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

B. Content You May Receive

Once you affirm your choice to opt-in to the Service, your message frequency may vary. You may receive service related messages, which may include updates, alerts, information, order status, delivery notification, account creation and activation, account alerts, security alerts, and password resets (e.g., order updates, account alerts, etc.), as well as promotional messages, which may include promotions, specials, special offers, discounts, sales, coupons, promo codes, product launches, giveaways, abandoned cart, and other marketing offers (e.g., cart reminders).

C. Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. We do not charge for the Service, but you acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. SPEARMINT may add or remove any wireless carrier from the Service at any time without notice. SPEARMINT and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To the extent permitted by applicable law, you agree that SPEARMINT and the mobile carriers are not 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.

D. Questions


You can text HELP for help at any time to +18338845792. You can contact us by email at customerservice@spearmintLOVE.com. 

E. To Stop the Service

To stop receiving text messages from SPEARMINT, text the word STOP to +18338845792 any time or reply STOP to any of the text messages you have received from SPEARMINT. After texting STOP, you will receive one additional message confirming that your request has been processed. Please note that we may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. At any time, however, you may send an email to customerservice@spearmintLOVE.com for assistance. 

F. Changes to Terms

These mobile terms and conditions are subject to change at any time without notice.

  1. Warranties and Limitation of Liability

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. To the fullest extent permitted by applicable law, your use of the Website, and our obligations and liabilities in respect of your use of the Website, is expressly limited as follows:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT, AND THE MATERIALS, GOODS AND SERVICES PROVIDED IN CONNECTION WITH THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. YOUR USE OF THIS SITE AND THE PRODUCTS SOLD HEREIN, AND/OR RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.

NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES.

THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, FROM THIS WEB SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, THE GOODS OR SERVICES ACQUIRED FROM THIS WEB SITE, MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, MATERIALS, INFORMATION OR SERVICES PROVIDED VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE, ANY CONTENT, OR THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE AND/OR OPT OUT OF THE SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE WEBSITE (REGARDLESS OF THE BASIS FOR THE ACTION) OR THE SERVICE SHALL NOT EXCEED IN THE AGGREGATE THE COST OF THE ITEM(S) PURCHASED PLUS SHIPPING AND SALES TAX.

  1. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Spearmint and its affiliates, officers, directors, members, shareholders, agents, suppliers, distributors, employees, contractors and licensors harmless from any claim, demand, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorneys' fees and expenses incurred in connection with any litigation made by any third party arising from: (i) your use of and access of the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Site caused damage to a third party.

  1. Dispute Resolution And Choice Of Law

By using the Site, creating an account at the Site, and/or opting in to the Service, you and Spearmint agree if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site or the Service, or the breach, enforcement, interpretation, or validity of these Terms or the Privacy Policy, or any part of either (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.

Both you and Spearmint agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS BEFORE AN ARBITRATOR IN MARICOPA COUNTY, ARIZONA. YOUR PARTICIPATION IN ARBITRATION MAY, HOWEVER, PROCEED VIA ZOOM® OR SIMILAR REMOTE VIDEO PLATFORM.  ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its commercial arbitration rules then in effect before one arbitrator to be mutually agreed upon by both parties.  In the event that the amount in dispute is less than $250,000, however, the parties agree that JAMS’ streamlined arbitration rules then in effect shall apply.

If you commence an arbitration against PWT, JAMS will require an initial fee deposit of $250.  All other costs, however, will be borne by PWT, including any remaining JAMS Filing Fee, Case Management Fee and all professional fees for the arbitrator's services.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any controversy, claim, action, or dispute arising out of or related to your use of the Site, or any dispute arising under or relating to the breach, interpretation, applicability, enforceability, or formation of these Terms and Conditions and Spearmint’s Privacy Policy, including any claim that all or any part of these Terms and Conditions and/or Privacy Policy is void or voidable.

Except as otherwise stated, these Terms and Spearmint’s Privacy Policy have been made in, and shall be construed in accordance with, the laws of the State of Arizona, without giving effect to any conflict of law principles. The sole and exclusive venue for the resolution of any Dispute shall be Maricopa County, Arizona, and you consent to personal jurisdiction in Arizona.

The parties acknowledge that the Terms and Spearmint’s Privacy Policy evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

  1. No Class Actions

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND Spearmint AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO THE SITE, TO THE USE THEREOF OR ACCESS THERE TO, TO THE ADVERTISING AND OTHER CONTENT ON THE SITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE SITE, THE SERVICE, AND/OR TO THESE TERMS OF USE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE SITE, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE SITE, AND/OR TO THESE TERMS OF USE.  IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, A COURT OF COMPETENT JURISDICTION ORDERS ANY CLAIM BY YOU TO ARBITRATION AS A CLASS ACTION, THE PARTIES AGREE THAT JAMS CLASS ACTION PROCEDURES SHALL BE FOLLOWED.  

  1. Miscellaneous

The Terms, together with the Privacy Policy, constitute the entire agreement between you and Spearmint governing your use of the Site, superseding any prior agreements between you and Spearmint with respect to the Site.

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal and enforceable. The failure of Spearmint to enforce any right of the provisions in the Terms shall not constitute a waiver of such right or provision. In the event that any provision of the Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable. It is expressly understood and agreed that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

We do not represent that materials on the Site are appropriate or available for use in your location. Persons who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms are subject to change at any time without notice. We may revise these Terms at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.


Last Revised: February 10, 2025