Terms of Service

Overview

This website is operated by LAYERNY. Throughout the site, “we,” “us,” and “our” refer to LAYERNY. LAYERNY offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is limited to these Terms of Service.

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

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

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province, or that you are the age of majority in your state or province and have consented to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose or use the Service in violation of any laws in your jurisdiction (including but not limited to copyright laws).

You may not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of any of the terms will result in an immediate termination of your service.

Section 2 - General Terms

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted while being transmitted over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any contact on the website through which the service is provided, without our express written permission.

The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness and Timeliness of Information

We are not responsible if the information made available on this Site is not accurate, complete or current. The material on this Site is provided for general reference only and should not be 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.

The Site may contain certain historical information. Historical information is necessarily 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 website.

Section 4 - Modifications to the Service and Prices

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

Section 5 - Products or Services (if applicable)

Some products or services may be available exclusively online through the website. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to display as accurately as possible the colors and images of the products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but have no obligation, to limit the sales of our products or Services to any person, geographic area, 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 we offer. All product descriptions or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account or 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.

For more details, please review our Return Policy.

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools 'as is' and 'as available' without any warranties, representations or conditions of any kind and without liability. We assume no liability whatsoever arising from or relating to your use of optional third-party tools. Your use of optional tools offered through the Site is entirely at your own risk and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.

We may also offer new services and/or features through the Site in the future (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 - Third-Party Links

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not responsible for any damages or losses resulting from your purchase or use of goods, services, resources, content, or any other transactions made on any third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SMS/MMS Mobile Messaging Marketing Program Terms and Conditions

LAYER ("we") offers a mobile messaging plan (the "Plan"), and you agree to use and participate in the Program subject to these Mobile Messaging Terms and Conditions and the Privacy Policy (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these Terms and Conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as further described 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 policies that may govern your relationship with us in other contexts.

User Opt-in: The Program allows users to receive SMS/MMS mobile messages by actively opting in to the Program (e.g., through an online or app-based registration form). Regardless of the opt-in method you use to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you consent to receive autodialed or prerecorded marketing mobile messages at the phone number you opted in to, and you understand that your consent is not required to make any purchases from us. Although you consent to receive messages sent using an autodialer, the foregoing should not be construed to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply.

User Opt-out: If you do not wish to continue to participate in the Program or no longer agree to this Agreement, you agree to reply to a text message with the words "STOP," "END," "CANCEL," "UNSUBSCRIBE," or "QUIT" to opt-out. You may receive another text message confirming your decision to opt-out. You understand and agree that the above options are the only reasonable ways to opt-out. You also understand and agree that any other methods of opting out, including but not limited to sending a text message other than the above or verbally requesting our employees to remove you from our list, are not reasonable methods of opting out.

Notice and Indemnification Obligations: If at any time you intend to stop using the mobile number you have used to subscribe to the Plan, including canceling your service plan or selling or transferring the phone number to another person, you agree to complete the user opt-out process described above before you end your use of the mobile number. You understand and agree that your agreement to do so is an essential part of these Terms and Conditions. You further agree that if you stop using your mobile number without notifying us of such changes, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by us or any party assisting in the delivery of the mobile information as a result of a claim brought by an individual who subsequently obtains the mobile number. This obligation and agreement will survive even if your agreement to participate in any of our Plans is canceled or terminated.

You agree to indemnify, defend and hold us harmless from any claims or liabilities arising from your failure to notify us of changes to the information you provided, including any claims or liabilities arising under the Telephone Consumer Protection Act (47 USC § 227 et seq.) or similar state and federal laws and any regulations promulgated thereunder, resulting from our attempts to contact you at the mobile number you provided.

Program Description: Without limiting the scope of the Program, users who opt into the Program may receive marketing and sales information about digital and physical products, services, and events.

Fees and Frequency: Text messaging and data rates may apply. The Program includes periodic mobile text messages and may include additional periodic mobile text messages based on your interactions with us.

Support Instructions: For support related to the Program, text "HELP" to the number you received messages from or email anthony@layerny.com. Please note that opt-outs from the Program using this email address are not acceptable. Opt-out requests must be submitted in accordance with the above procedures.

MMS Disclosure: If your mobile device does not support MMS messaging, the Program will send an SMS TM (termination message).

Our Disclaimer: The Program is provided on an "as is" basis, 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 are not responsible for any delays or failures in the receipt of mobile messages related to the Program. Delivery of mobile messages is subject to effective transmission by your wireless service provider/network operator and is beyond our control. T-Mobile is not responsible for delayed or non-delivered mobile messages.

Participant Requirements: You must own your own wireless device that supports two-way communication, use a participating wireless carrier, and be a wireless subscriber with text messaging service. Not all mobile carriers offer the service required to participate. Please check your phone capabilities for specific text messaging instructions.

Age Limits: If you are under thirteen (13) years of age, you may not use or participate in the Platform. If you use or participate in the Platform and are between the ages of thirteen (13) and eighteen (18), you must have the permission of your parent or legal guardian. By using or participating in the Platform, you acknowledge and agree that you are thirteen (13) years of age or older, or between the ages of thirteen (13) and eighteen (18), and have the permission of your parent or legal guardian to use or participate in the Platform, or have reached the age of majority in your jurisdiction. By using or participating in the Platform, you also acknowledge and agree that you are permitted by applicable law in your jurisdiction to use and/or participate in the Platform.

Prohibited Content: You acknowledge and agree not to send any Prohibited Content through the Platform. Prohibited Content includes:

Any fraudulent, defamatory, libelous, scandalous, threatening, harassing or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, national origin, disability, sexual orientation or age;

Pirated computer programs, viruses, worms, Trojan horses or other harmful code;

Any product, service or promotion that is illegal at the time of receipt;

Any content that refers to and/or references personal health information 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 prohibited by applicable law in the jurisdiction from which the message is sent.

Dispute Resolution: If there is a dispute, claim, or controversy between you and us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider that transmits mobile information on our behalf within the Program, whether arising out of a federal or state statutory claim, a common law claim, 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 settled by arbitration in New York, New York, to the maximum extent permitted by law, before a single arbitrator.

The parties agree to submit disputes to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided in this Agreement, the arbitrator shall apply the substantive laws of the federal judicial circuit in which LAYER’s principal place of business is located, without regard to its conflict of law rules.Within ten (10) calendar days after a Demand for Arbitration is served on a party, the parties must jointly select an arbitrator who has at least five years of experience in that position and who has knowledge and experience with the subject matter of the dispute. If the parties cannot agree on an arbitrator within ten (10) calendar days, a party may request that the AAA appoint an arbitrator who must meet the same experience requirements. In the event of a dispute, the arbitrator shall determine 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 regarding emergency measures of protection shall apply in lieu of seeking emergency injunctive relief from a court. The arbitrator’s decision shall be final and binding, and neither party shall have any right of appeal, except as provided in Section 10 of the FAA. Each party shall bear its share of the arbitrator’s fees and administrative costs of the arbitration; however, the arbitrator shall have the authority to order a party to pay all or part of such fees upon a reasoned award. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by law or the contract. The arbitrator shall not have the authority to award punitive damages, and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved through arbitration. The parties agree to arbitrate only on an individual basis, and this Agreement does not permit class arbitration or any claim to be brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as otherwise 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, except to protect or pursue a legal claim. 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 such term or provision unenforceable 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 will survive even if your agreement to participate in any of our Programs is canceled or terminated.

Other: You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and to perform your obligations hereunder, and nothing in this Agreement or the performance of such obligations will constitute a breach of any other contract or obligation by you. The failure of either party to exercise any right under this Agreement will not be deemed a waiver of any other rights under this Agreement. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement remains in full force and effect and enforceable. Unless otherwise expressly provided in writing, any new features, changes, updates or improvements to the Program shall be subject to this Agreement. We reserve the right to change this Agreement at any time. You will be notified of any updates to this Agreement. You acknowledge that it is your responsibility to review this Agreement from time to time and be aware of any such changes. Your continued participation in the Program after any such changes constitutes your acceptance of this Agreement as modified.

Florida Law: We strive to comply with the Florida Telemarketing Act and the Florida Do Not Call Act applicable to Florida residents. For compliance purposes, you agree that we may assume that you are a Florida resident if (1) the shipping address you provide when you opt-in is in Florida, or (2) the area code of the phone number used to opt-in is a Florida area code. You agree that if you do not meet any of the above criteria, or have not clearly notified us in writing that you are a Florida resident, the requirements of the Florida Telemarketing Act and the Florida Do Not Call Law do not apply to you and you may not hold yourself out as a Florida resident. If you are a Florida resident, you agree that text messages sent by us in direct response to your text messages or requests (including, but not limited to, reply keywords, opt-in, help or stop requests, and shipping notices) do not constitute "telemarketing calls" or "commercial telemarketing calls" within the meaning of Section 501 of the Florida Statutes (including, but not limited to, Sections 501.059 and 501.616), to the extent the law provides otherwise and is applicable.

Section 9 - User Comments, Feedback and Other Submissions

If you submit certain specific submissions at our request (for example contest entries) or without a request from us send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate the rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 - Personal Information

Your submission of personal information through the store is subject to our Privacy Policy. View our Privacy Policy.

Section 11 - Errors, Inaccuracies and Omissions.

Occasionally there may be information on our website 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 at any time without prior notice (including after you have submitted your order). Unless otherwise required by law, we undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, prank, pretext, spider, scrape, or crawl; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer; Limitation of Liability

We make no warranty, representation or guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.

We make no warranty that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided to you “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Zoey Hughes, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless Zoey Hughes and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 15 - Severability

In the event any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement.

These Terms of Service remain effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

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

Section 18 - Governing Law

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

Section 19 - Changes to Terms of Service

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

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 - Contact Information

Questions regarding the Terms of Service should be sent to Support@ZoeyHughes.shop.