Effective Date: November 11, 2024
Last Updated: August 10, 2026
THESE TERMS OF USE (THESE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU (“YOU” OR “YOUR”) AND POCKETEASE LLC (“POCKETEASE”, “WE,” “US,” OR “OUR”). THESE TERMS GOVERN YOUR ACCESS AND USE OF THE WEBSITE LOCATED AT THE URL HTTPS://POCKETEASE.COM/, INCLUDING THE BLOG AND THE ONLINE SHOP, AND ALL ASSOCIATED SITES LINKED TO SUCH SITE BY POCKETEASE (COLLECTIVELY, THE “SITE”). UNLESS OTHERWISE SPECIFIED IN THESE TERMS, ALL REFERENCES TO “SITE” INCLUDE (I) THE SOFTWARE, FUNCTIONALITY, GRAPHICS, PHOTOGRAPHS, IMAGES, PRODUCT DESCRIPTIONS, AND OTHER CONTENT (COLLECTIVELY, THE “CONTENT”) AND (II) PRODUCTS AND SERVICES, OFFERED, PROVIDED, OR MADE AVAILABLE ON OR THROUGH THE SITE.
PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING OR USING THE SITE. BY (1) ACCESSING OR USING THE SITE, (2) CREATING AN ACCOUNT, (3) PLACING AN ORDER THROUGH OUR ONLINE SHOP, OR (4) CLICKING TO ACKNOWLEDGE AND ACCEPT THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCEPT THESE TERMS AND DO NOT USE OR ACCESS THE SITE OR PURCHASE ANY PRODUCTS OR SERVICES.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH POCKETEASE. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
You must be at least 18 years of age, or have the permission of a parent or legal guardian, to use the Site or place an order through our online shop. By using the Site, you represent and warrant that: (i) you meet this eligibility requirement; and (ii) all information you provide is truthful, complete, and accurate. If you are using the Site on behalf of a business or other entity, you represent and warrant that you have full legal authority to bind that entity to these Terms. If you do not meet all of these requirements, you must not access or use the Site.
KEY TERMS
“Account” means your registered user account for the Site.
“Order” means any purchase order you submit through the Site for Products.
“Privacy Policy” means our Privacy Policy available at https://pocketease.com/privacy-policy/.
“Products” means any products offered for sale on or through the Site.
“Services” means the Site, all Content, and all services offered on or through the Site.
“User Content” means any content, data, comments, reviews, feedback, or other materials submitted by you on or through the Site.
ACCESSING AND USING THE SITE; CHANGES TO THESE TERMS
The Site may be used for individual, consumer purposes related to the Products and Services offered on or through the Site. You are responsible for obtaining and maintaining your device, software, operating system, carrier and network access necessary to properly access and use the Site. Pocketease does not guarantee that the Site or any portions thereof will function on or in connection with any particular device, software, operating system, carrier, or network. Pocketease will have no liability for errors, unreliable operation, or other issues resulting from the use of the Site.
We reserve the right to withdraw or amend the Site, and any Services, Products, or Content we provide on or through the Site, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Site to users, including customers.
We reserve the right to update or modify these Terms at any time in our sole discretion. Any changes will be effective immediately upon posting of the revised Terms on the Site, and the “Last Updated” date at the top of these Terms will be revised accordingly. Your continued use of the Site after the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically for any updates.
ACCOUNT REGISTRATION
Certain features of the Site, including the ability to place orders through our online shop, may require you to create an Account. When you create an Account, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate, current, and complete. You are solely responsible for safeguarding the password associated with your Account and for all activity that occurs under your Account. You agree to use strong passwords with your Account and to maintain your password securely to prevent others from gaining access. You shall not disclose your password to any third party and shall keep tight control over your login credentials. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. Pocketease is not liable in any way for any loss or damage to you or other persons arising from your failure to comply with the above requirements. We reserve the right to disable any Account at any time in our sole discretion, including if we believe you have violated any provision of these Terms. All actions taken through your Account shall be deemed to have been taken by you.
ELECTRONIC COMMUNICATIONS
By using the Site and/or the products and services provided on or through the Site, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site, these Terms, the products and services provided on or through the Site. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
PRIVACY
Please review our Privacy Policy, which explains how we collect, use, and disclose the information you provide to us through the Site. The Privacy Policy is hereby incorporated into these Terms by reference and constitutes a part of these Terms. You are responsible for any consents and notices required to permit your use of the Services and Pocketease’s accessing, storing, and processing of information and data provided by you.
PRODUCTS AND ORDERS
Product Descriptions
Pocketease sells Products through the Site. We strive to provide accurate descriptions and images of our Products. However, minor differences may occur due to manufacturing or display settings, and we do not guarantee that the colors, features, or details displayed on your monitor or device will accurately reflect the actual colors, features, or details of the Products. Availability of Products is subject to change without notice. All Product descriptions are subject to change at any time without notice, at our sole discretion.
Pricing
All prices displayed on the Site are in United States Dollars unless otherwise specified. We reserve the right to change prices for Products at any time without prior notice. Prices do not include applicable taxes, shipping charges, or handling fees, which will be calculated and displayed at checkout. You are responsible for any applicable taxes and will pay Pocketease for the Products without any reduction for taxes, except for taxes based on Pocketease’s net income.
Order Acceptance
Your placement of an Order through the Site constitutes an offer to purchase the Product(s) identified in your Order. All Orders are subject to acceptance by Pocketease. We reserve the right to refuse or cancel any Order for any reason, including Product availability, errors in Product or pricing information, or suspected fraudulent activity. If we cancel an Order after your payment has been processed, we will issue a full refund to the original payment method. Except as otherwise specified in these Terms, payment obligations are non-cancelable and fees paid are non-refundable.
Payment Processing
Payments for purchases made through the Site are processed by third-party payment processors, including Google Pay and Link. By placing an Order, you agree to provide current, complete, and accurate billing and payment information. You are responsible for providing complete and accurate billing and contact information to Pocketease and notifying Pocketease of any changes to such information. Your use of third-party payment processing services is subject to each provider’s own terms of service and privacy policy. Pocketease does not store your payment details on its servers. You acknowledge and agree that Pocketease is not responsible for any errors, failures, or issues arising from third-party payment processing services.
Payment Disputes and Refunds
Any payment disputes must be submitted in good faith within 30 days after the applicable payment date. Refunds, if any, will be issued at Pocketease’s sole discretion and in accordance with the return policies set forth separately on the Site. Nothing in these Terms obligates Pocketease to extend credit to any party.
Shipping and Delivery
Pocketease ships to destinations worldwide, including the continental United States. Shipping fees (including import duties, taxes, customs fees, and other charges imposed by the destination country methods for international orders), methods, and delivery times are detailed at checkout. Orders are processed within 2 business days of payment confirmation unless otherwise noted. Delays may occur due to unforeseen circumstances, including weather, carrier delays, customs processing, or Force Majeure Events. Pocketease is not responsible for delays caused by customs clearance or other import procedures. Additional shipping and delivery policies applicable to Products purchased through the Site may be set forth separately on the Site and are incorporated into and made a part of these Terms by reference.
CANCELLATIONS, RETURNS, AND REFUNDS
Returns and Exchanges
Pocketease accepts returns and exchanges for Products under the following conditions: (a) returns and exchanges must be initiated within 15 days of receipt; (b) Products must be unworn, unwashed, and in their original packaging; and (c) refunds will be issued based on the amount actually paid by you for the returned Product (net of any discounts, promotional credits, or bundled pricing), and original shipping costs are non-refundable. To initiate a return, contact us at hello@pocketease.com.
For size exchanges, contact us at hello@pocketease.com with your order number, the size you received, and the size you would like. You are responsible for covering the cost of return shipping for all exchanges. For U.S. orders, Pocketease will cover the shipping cost for the replacement item. For orders shipped outside the United States, you are responsible for both return and replacement shipping costs.
Order Modifications and Cancellations
Modifications or cancellations to your Order are only possible before fulfillment or shipment processing begins. Because some Orders may ship same-day, Pocketease cannot guarantee that modification or cancellation requests will be honored after an Order is placed. To request a modification or cancellation, email us as soon as possible at hello@pocketease.com with your order details.
Defective or Incorrect Products
If the Product you receive is defective or incorrect, contact us within seven (7) days of receipt at hello@pocketease.com, and we will work with you to resolve the issue promptly. In the event of any conflict between this subsection and the Disclaimer of Warranties or Limitation of Liability sections, those sections shall control.
INTELLECTUAL PROPERTY
Ownership; Reservation of Rights
Subject to the limited rights expressly granted hereunder, Pocketease reserves all of its rights, title, and interest in and to the Services, including all related intellectual property rights. The Site and its entire contents, features, and functionality, including all text, graphics, logos, images, photographs, product designs, blog posts, audio, video, software, and the design, selection, and arrangement thereof (collectively, “Site Content”), are owned by Pocketease, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property or proprietary rights laws. No rights are granted to you hereunder other than as expressly set forth herein.
Limited License
Subject to your compliance with these Terms, Pocketease grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and Site Content solely for your personal, non-commercial use. This license does not include any right to: (i) resell or make commercial use of the Site or Site Content; (ii) collect or use any Product listings or descriptions for commercial purposes; (iii) download or copy Account information for the benefit of a third party; (iv) use any data mining, robots, or similar data-gathering or extraction methods; (v) frame or mirror any part of the Site; (vi) access the Site in order to build a similar or competitive service or product; or (vii) copy, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means any of the Site Content, except as expressly permitted herein.
Trademarks
“Pocketease,” the Pocketease logo, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of Pocketease or its affiliates or licensors. You may not use such marks without the prior written permission of Pocketease. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners. You must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be contained in or displayed in connection with the Site.
Copyright Policy
Pocketease responds to notices of alleged copyright infringement and may terminate the Accounts of repeat infringers in appropriate circumstances as required to maintain safe harbor for online service providers under the U.S. Digital Millennium Copyright Act. If you believe that any content on the Site infringes your copyright, please contact us at the address provided below with a detailed description of the alleged infringement.
User Conduct; Unauthorized Activities
You agree not to use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the United States or other countries), or for any unlawful purpose. Without limiting the foregoing, you agree not to:
(a) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use or enjoyment of the Site, including any other user’s ability to engage in real-time activities through the Site;
(b) use any robot, spider, scraper, or other automated means, or any manual process, to access, monitor, or copy any material on the Site for any purpose without our express written permission;
(c) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
(d) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is hosted, or any server, computer, or database connected to the Site;
(e) impersonate or attempt to impersonate Pocketease, a Pocketease employee, another user, or any other person or entity (including by using email addresses associated with any of the foregoing);
(f) run any form of auto-responder on the Site, or transmit or procure the sending of any advertising or promotional material, “junk mail,” “chain letter,” “spam,” or any other similar solicitation, or any processes that otherwise place an unreasonable load on the Site’s infrastructure;
(g) attempt, in any manner, to obtain or access the password, account, or other security information from any other user or third party;
(h) access (or attempt to access) any of the Services by means other than through the user interface provided by Pocketease;
(i) exploit, harm, or attempt to exploit or harm minors in any way, including by exposing them to inappropriate content or soliciting personally identifiable information;
(j) send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms;
(k) use any device, software, or routine that interferes with the proper working of the Site; or
(l) otherwise engage in any conduct that restricts or inhibits any other user’s use or enjoyment of the Site, or that, as determined by us, may harm Pocketease or users of the Site or expose us or them to liability.
This list of prohibitions provides examples and is not complete or exclusive. Unauthorized use of the Site may result in violation of various United States and international laws, including copyright laws.
In the event that Pocketease determines that your conduct violates these Terms, Pocketease may take measures that it deems appropriate, including suspension or termination of your Account and access to the Site, with or without cause and with or without prior notice, for any reason or no reason, or for any action that Pocketease determines is inappropriate or disruptive to the Service or to any other user of the Site. Pocketease shall not be held liable for any damage caused by such measures. Pocketease may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Pocketease’s discretion, Pocketease will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Service or on the Internet.
Blog Content and User Comments
Pocketease may maintain a blog on the Site featuring articles, tips, and other content related to diabetes-friendly fashion and lifestyle topics (“Blog Content”). Blog Content is provided for informational purposes only and does not constitute medical advice. You should always consult a qualified healthcare professional before making any health-related decisions based on information provided on the blog.
Submission of Content
Pocketease does not acquire any ownership of any intellectual property rights in any User Content. However, if the Site permits User Content, you grant Pocketease, a perpetual, irrevocable, worldwide, sublicensable, transferable, royalty-free, and non-exclusive license to use, host, store, modify, communicate, disclose, publish, reproduce, distribute, display, and create derivative works of such User Content in any media now known or hereafter developed, for any purpose, including providing, securing, and improving the Services, and for marketing, advertising, and promotional purposes. You represent and warrant that (a) you have the necessary rights to grant the license above, and (b) any User Content you submit does not violate the rights of any third party, including intellectual property, privacy, or publicity rights. Pocketease reserves the right, but does not assume the obligation, to monitor, edit, or remove any User Content at its sole discretion, including where Pocketease determines that such content is illegal or violates our policies or these Terms.
Feedback
You may choose to, or Pocketease may invite you to, submit comments, suggestions, feedback, feature requests, recommendations, or ideas about the Site or the Products (collectively, “Ideas”). By submitting any Ideas, you agree that your submissions are non-confidential, voluntary, gratuitous, and unsolicited, and will not place Pocketease under any fiduciary or other obligation. Pocketease may use, copy, modify, disclose, publish, redistribute, and otherwise exploit any Ideas for any purpose and in any way, without restriction and without payment of royalties or any other compensation to you. Pocketease is not obligated to hold in confidence, use, display, reproduce, implement, or distribute any Ideas.
ACCESSIBILITY
Pocketease is committed to ensuring that individuals with disabilities can access and use the Site effectively. We strive to meet the standards set by the Web Content Accessibility Guidelines (WCAG) to create an inclusive online experience. If you encounter accessibility barriers or have difficulty navigating any part of the Site, please contact us at hello@pocketease.com or write to us at: Attn: Pocketease Accessibility Team, Pocketease LLC, 14435C Big Basin Way, PMB #501, Saratoga, CA 95070.
THIRD-PARTY LINKS AND SERVICES
The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Pocketease. Pocketease has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Your use of any third-party website or service is at your own risk and subject to the terms and conditions of that third party. You acknowledge and agree that Pocketease is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any such third-party websites or services. We encourage you to review the terms and privacy policies of any third-party websites or services that you visit or access through the Site.
INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others and have a policy of removing User Content that violates intellectual property rights of others, suspending access to the Site (or any portion thereof) to any user who uses the Site in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Site in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe in good faith your copyright or other intellectual property right is being infringed by a user of the Site, please provide written notice to our Agent for notice of claims of infringement:
Attn: Pocketease DMCA Agent
Phone: 1 (213) 419-8604
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Site who is the subject of repeated DMCA or other infringement notifications.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, ALL CONTENT, AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. POCKETEASE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, SATISFACTORY QUALITY, NON-INFRINGEMENT, OR ACCURACY OF INFORMATIONAL CONTENT. POCKETEASE DOES NOT WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE WILL (i) MEET YOUR REQUIREMENTS, (ii) BE COMPATIBLE WITH YOUR DEVICE, (iii) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR (iv) BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION OBTAINED FROM POCKETEASE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY.
POCKETEASE DOES NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH OR IN CONNECTION WITH THE SITE, INCLUDING ANY LINKED WEBSITE OR SERVICE, AND WILL NOT BE A PARTY TO OR MONITOR ANY TRANSACTION BETWEEN YOU AND SUCH THIRD-PARTY PROVIDERS.
PRODUCT DISCLAIMER
WITHOUT LIMITING THE FOREGOING, THE FOLLOWING ADDITIONAL TERMS APPLY TO THE PRODUCTS:
THE PRODUCTS ARE DESIGNED SOLELY TO ENHANCE COMFORT AND CONVENIENCE FOR INDIVIDUALS WHO USE TETHERED INSULIN PUMPS. THE PRODUCTS ARE NOT MEDICAL DEVICES UNDER ANY APPLICABLE LAW OR REGULATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, MITIGATE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. POCKETEASE MAKES NO REPRESENTATION THAT THE PRODUCTS ARE COMPATIBLE WITH ANY SPECIFIC INSULIN PUMP MODEL, SYSTEM, OR CONFIGURATION. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER A PRODUCT IS APPROPRIATE FOR YOUR MEDICAL NEEDS AND COMPATIBLE WITH YOUR EQUIPMENT, AND POCKETEASE STRONGLY RECOMMENDS CONSULTING A QUALIFIED HEALTHCARE PROVIDER BEFORE PURCHASE OR USE.
NOTHING ON THE SITE, INCLUDING TEXT, GRAPHICS, IMAGES, OR PRODUCT DESCRIPTIONS, OR OTHER CONTENT CONSTITUTES MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION OR THE USE OF ANY MEDICAL DEVICE.
POCKETEASE EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGE, INJURY, OR LOSS ARISING FROM (A) IMPROPER USE OF THE PRODUCTS, (B) FAILURE TO FOLLOW APPLICABLE CARE OR USAGE INSTRUCTIONS, (C) USE INCONSISTENT WITH THE PRODUCTS’ INTENDED PURPOSE, OR (D) RELIANCE ON INFORMATION PROVIDED ON THE SITE. YOU ASSUME ALL RISK ASSOCIATED WITH USE OF THE PRODUCTS, AND YOUR PURCHASE CONSTITUTES ACKNOWLEDGMENT AND ACCEPTANCE OF THESE LIMITATIONS AND THE GENERAL DISCLAIMERS ABOVE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POCKETEASE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE SERVICES, OR THE PRODUCTS, EVEN IF POCKETEASE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POCKETEASE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SITE, THE SERVICES, OR THE PRODUCTS—WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR UNDER ANY OTHER THEORY—SHALL NOT EXCEED THE GREATER OF (A) FIFTY DOLLARS (USD $50.00) OR (B) THE TOTAL FEES PAID BY YOU TO POCKETEASE FOR PRODUCTS PURCHASED WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS CAP APPLIES TO ALL CLAIMS IN THE AGGREGATE, INCLUDING CLAIMS FOR DIRECT DAMAGES, AND PROPERTY DAMAGE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BUT SHALL NOT LIMIT LIABILITY FOR PERSONAL INJURY CLAIMS TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
POCKETEASE DISCLAIMS ALL LIABILITY OF ANY KIND ON BEHALF OF ITS LICENSORS AND SUPPLIERS, INCLUDING WORDPRESS, WOOCOMMERCE, AND STRIPE. POCKETEASE SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED IN CONNECTION WITH CONTENT POSTED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY NOTWITHSTANDING (i) ANY FAILURE OF THE ESSENTIAL PURPOSE OF THESE TERMS OR ANY LIMITED REMEDY HEREUNDER, (ii) ANY BREACH OF CONTRACT OR WARRANTY (WHETHER EXPRESS, IMPLIED, OR LIMITED), OR (iii) ANY NEGLIGENCE OR STRICT PRODUCT LIABILITY.
INDEMNIFICATION
Indemnification by Pocketease
If a third party brings a claim against you alleging that your authorized use of the Products, in the form provided by Pocketease and in accordance with these Terms, infringes such third party’s intellectual property rights, Pocketease will, at its sole option: (i) procure for you the right to continue to use the affected Products; (ii) modify or replace the affected Products to make them non-infringing; or (iii) accept return of the affected Products and issue a refund of the purchase price paid. The foregoing states Pocketease’s entire liability and your sole and exclusive remedy with respect to any claim of intellectual property infringement relating to the Products. This remedy does not apply to any claim arising from (1) any modification of the Products made by anyone other than Pocketease, (2) the use or combination of the Products with items not provided by Pocketease where the Products alone would not infringe, (3) your use of the Products other than in accordance with these Terms, or (4) User Content or your breach of these Terms.
Indemnification by You
You will defend Pocketease and its affiliates against any Claim brought against Pocketease by a third party to the extent such Claim relates to: (a) any User Content or your use of User Content; (b) your use of the Services, Products, or the Site; (c) your violation of these Terms; (d) your violation of any applicable law or the rights of any third party; or (e) any third-party applications built by or on your behalf that interoperate with the Services or Products (each, a “Claim Against Pocketease”). You will indemnify Pocketease from any damages, reasonable attorneys’ fees, and costs finally awarded against Pocketease as a result of, or for any amounts paid by Pocketease under a settlement approved by you in writing of, a Claim Against Pocketease, provided that Pocketease (i) promptly gives you written notice of the Claim Against Pocketease, (ii) gives you sole control of the defense and settlement of the Claim Against Pocketease (except that you may not settle any Claim Against Pocketease unless such settlement unconditionally releases Pocketease of all liability), and (iii) provides you all reasonable assistance, at your expense. Notwithstanding the foregoing, Pocketease reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Pocketease’s defense of such Claim.
Exclusive Remedy
The remedies set forth in this “Indemnification” section state the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any third-party Claim described in this section.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
Please read this provision carefully. It affects your legal rights.
This Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort — including fraud, misrepresentation, fraudulent inducement, or negligence — or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Provision, with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and Pocketease, including any dispute arising under these Terms; your visit to or use of the Site; or any purchase, transaction, or other interaction with Pocketease facilitated through the Site (including claims relating to Pocketease’s advertisements, pricing, and disclosures; email, SMS, or other messages sent by Pocketease; or Pocketease’s collection, processing, or retention of your information). For the avoidance of doubt, “dispute” will be given the broadest meaning enforceable by law and includes any claims against other parties relating to Products or Services provided or billed to you (such as Pocketease’s licensors, suppliers, dealers, or third-party vendors) whenever you also assert claims against Pocketease in the same proceeding.
This Provision provides that all disputes between you and Pocketease shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorneys’ fees). You may, however, opt out of this Provision, which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all disputes, whether pursued in court or arbitration, you must first give Pocketease an opportunity to resolve the dispute by emailing to Pocketease at hello@pocketease.com the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If Pocketease does not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Exclusions from Arbitration; Right to Opt Out
Notwithstanding the above, you or Pocketease may choose to pursue a dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by emailing Pocketease at hello@pocketease.com with the following information: (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Pocketease through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. However, any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court. For the avoidance of doubt, even if you opt-out of this Arbitration Provision, the Class Action Waiver set forth below shall remain in full force and effect.
Arbitration Procedures
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – you or we may initiate arbitration in either California or the federal judicial district that includes your billing address.
Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Pocketease specifically agree to do so in writing following initiation of the arbitration. Whether you pursue your dispute in arbitration or in court (including if you opt out of the Arbitration Provision as specified above), you agree that you will not seek to participate in or bring claims as a class representative, class member, or in any other representative capacity in any class, consolidated, or representative proceeding. Neither you nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
No Judge or Jury in Arbitration
Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms, you and Pocketease are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Pocketease might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided herein, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
Severability of Arbitration Provision
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the disputes will be decided by a court of competent jurisdiction located in Santa Clara County, California.
Continuation
This Provision shall survive the termination of your Account and your discontinued use of the Site. Notwithstanding any provision in these Terms to the contrary, Pocketease agrees that if Pocketease makes any change to this Provision (other than a change to the notice address), you may reject any such change and require Pocketease to adhere to the language in this Provision as it existed at the time you accepted these Terms, provided that a dispute between you and Pocketease arises.
Equitable Relief
Nothing in this Provision shall limit Pocketease’s right to seek injunctive or other equitable relief in any court of competent jurisdiction as necessary to protect its intellectual property rights or confidential information.
GOVERNING LAW
These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms, your use of the Site, or your purchase or use of any Products or Services, shall be governed by and construed in accordance with the Federal Arbitration Act, the substantive laws of the State of California, and applicable U.S. federal law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
FORCE MAJEURE
Pocketease shall not be in breach of these Terms or responsible for damages caused by delay or failure to perform, in full or in part, its obligations hereunder, if such delay or failure to perform is due to fire, earthquake, unusually severe weather, strikes, government-sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, pandemic, delay or destruction caused by public carrier, or any other circumstance reasonably beyond the control of Pocketease (a “Force Majeure Event”).
ASSIGNMENT
You may not assign to any other party these Terms or any of your rights or obligations hereunder without Pocketease’s prior written consent. Pocketease may assign to any other party these Terms or any of its rights or obligations hereunder, in whole or in part, without your prior consent. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their respective successors, and permitted assigns. Any attempted assignment in violation of this section is void.
SEVERABILITY
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of these Terms will remain in effect.
WAIVER
Any failure by Pocketease to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that or any other right, power, or remedy. A waiver is not valid or binding on Pocketease unless made in writing.
TITLES AND HEADINGS; INTERPRETATION
The section titles in these Terms are for convenience only and have no legal or contractual effect. For the purpose of the construction and interpretation of these Terms, the word “including” (and variations thereof such as “include” and “includes”) and “such as” will not be deemed to be terms of limitation, but rather to be followed by the words “without limitation.”
RELATIONSHIP OF THE PARTIES
Nothing in these Terms creates a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between you and Pocketease.
NO THIRD-PARTY BENEFICIARIES
There are no third-party beneficiaries under these Terms.
CALIFORNIA CONSUMER NOTICE
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Site is provided by Pocketease LLC, 14435C Big Basin Way, PMB #501, Saratoga, CA 95070. If you have a question or complaint regarding the Site, please contact us by visiting https://pocketease.com/, e-mailing us at hello@pocketease.com, or as set forth in the Privacy Policy, as applicable. You may also contact us by writing to Pocketease LLC, 14435C Big Basin Way, PMB #501, Saratoga, CA 95070. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
EXPORT CONTROL
You shall comply with all applicable export laws and regulations of the United States and other jurisdictions. You represent that you are not on any U.S. government denied-party list. You shall not access the Services in a U.S.-embargoed country or region, or in violation of any U.S. export law or regulation.
ENTIRE AGREEMENT
These Terms, together with the Privacy Policy and any other legal notices or policies published by Pocketease on the Site, contains the entire agreement, and constitutes a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. These Terms supersede all prior and contemporaneous agreements, arrangements, understandings, proposals or representations, whether written or oral, concerning its subject matter and are entered into without reliance on any promise or representation other than those expressly contained in these Terms.
SURVIVING PROVISIONS
The sections of these Terms that by their nature should survive termination will survive any expiration or termination of these Terms.
CONTACT INFORMATION
If you have any questions about these Terms or otherwise need to contact us for any reason, please contact us at:
Pocketease LLC
14435C Big Basin Way, PMB #501
Saratoga, CA 95070
Email: hello@pocketease.com
Phone: (213) 419-8604