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Terms of Sale & Policies

Please read the following before placing your order!

● Privacy Policy   ● Return & Exchange Policy
● Ordering Options ● Exchange Restocking Fee
● Payment Options ● Exchange Instructions & Form
● Order Processing ● Where to Return Product for Exchange
● Shipping Options & Cost ● Product Condition Acceptable for Exchanges
● Order Tracking ● Products Allowed to be Exchanged
● Order Changes or Cancellation ● Products "Not" Allowed to be Returned or Exchanged
● Order Delivery Schedule Based on Business Days ● Defective or Incorrect Merchandise Policy
● US & International Orders Accepted  ● Unauthorized Returns
● Credit Card Processing & Security Conditions ● Terms of Sale/Policy Changes
● Order Delivery Delayed Due to Act of Nature ● Blocked/Refused Accounts
● Order Shows Delivered, But You Did Not Receive ● Disclaimer
● Color & Product Help ● Indemnification
● Colors & Products - Actual May Differ From Picture ● Agreeing to Our Policies

ORDERING OPTIONS   U.S. Orders Only Accepted

Ordering Option 1... Order Online

Our Online Order System uses industry-standard Internet SSL Encrypted Security. Therefore, you can be assured that all the personal information you give us to process your order will be protected and sent safely.

Simply click on the "Add to Cart" button on any product page and complete the order form.


Ordering Option 2...Order By Mail

Please include shipping address, phone number or e-mail address, the  product name, color, quantity and price. Payment by ordering by mail can only be made by money ordercertified funds or personal check.  If you wish to pay by a personal check, your checking account must be with a U.S. Bank and we do require 1 additional weeks processing time for your check to clear our bank account.  Payment by certified funds, money order or personal check must be in U.S. Dollars and payable to our parent company, African American Wigs. Texas residence need to add 8.25% State Sales Tax to their order. Additionally, please include shipping & handling as given under Shipping Options & Cost

Send order by mail to: 

African American Wigs


7601 FM 1960 E, Ste 251

Humble, TX 77346

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Payment Option 1: Credit Card

Credit Cards Accepted:  Visa, MasterCard, Discover, American Express


Credit card charges will appear on your statement as our parent company either:

         African American Wigs or African American Wigs NET  



Credit Card Processing & Security Conditions

● Your Credit Card transactions are processed to the highest security standards set by the Payment Card Industry Data Security Standard (PCI DSS) Requirements. 

● Note..To protect against credit card fraud, please do not be offended if we try to contact you to verify your order's information (name and/or shipping/billing address). If the information cannot be verified, even if originally approved and authorized, we reserve the right to delay and/or cancel your order.

● Note, as additional security for you, we never see your complete credit card information when you place your order online, but instead are given an authorization number through Converge to charge your order. 


Billing & Shipping Information you supply

For added credit card security, an order cannot be processed if the cardholders name and billing address does not match exactly to what is on file with the credit card issuing bank or if we cannot verify this credit card information supplied.  Additionally, if the "Bill To" and "Ship To" addresses are different, both addresses must be on file with the credit card issuing bank and also must be U.S. addresses.  If your "Bill To" and "Ship To" addresses are different you may want to inform your credit card issuing bank first before placing your order with us. 


My credit card shows charges but the transaction was cancelled or not finally completed?

Authorized pending charges may show up on your credit statement. If we void or cancel the authorization or if we put through a charge and then void it, your credit card bank may still show the authorized or pending amount on your credit card statement. This amount will typically, within 2 - 10 days, drop off according to your credit card bank's policy. Please understand, the length of time a voided or cancelled charge remains on your credit card account is something we have no control over, but again is the policy of your credit card issuing bank. 


Note: We may require payment by Money Order or Certified Funds if the credit card information we receive is not in accordance with the above conditions or if in our opinion any other order information we are supplied is questionable, inconsistent, excessive, inaccurate or possibly fraudulent in nature.


Payment Option 2: PayPal or Amazon Pay

We accept Paypal and Amazon Pay.  Simply choose PayPal or Amazon Pay at the time of checkout and follow the prompts to complete you order.  

Payment Option 3: Money Order, Certified Funds or Personal Check

We accept Money Orders, Certified Funds and Personal Checks. If you wish to pay for an order with one of the above. We will place the order for you and hold it in our system and send you a copy of the draft order.  Please print the draft order out and mail us a money order, certified funds, or personal check to the address below. Upon receiving, we will place you order. Please allow an additional 7-10 business days for processing/funds to clear before we ship your order.  

Send to: 

African American Wigs

7601 FM 1960 E, Ste 251

Humble, TX 77346

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Order Processing:

● Orders begin being processed within 1 business day after being placed.

● Most orders are shipped within 3-5 days business days, however many products can be shipped within 1-2 business days. 

● After placing an order you will receive an order confirmation to the email address you gave when ordering.

● If an item you ordered is on backorder or no longer available, we will contact you usually within 1-2 business days or as soon as we are aware after you have placed your order and allow you the option to either cancel your order at no cancellation charge, have it shipped when the product would be available or order another product.

● "Business Days" do not include Saturdays, Sundays or holidays.

● Due to cutoff times by our manufacturers, orders received after 1:00 pm central time may not be processed until the following business day.

● Shipping and billing information you supply must be able to be verified. If we cannot verify this information, your order may be delayed or cancelled.

African American Wigs accepts orders from USA, Canada, Mexico, Australia, New Zealand, Ireland and the United Kingdom. Other locations will be accepted. Please contact us for more details.

● Product Availability: Although we are constantly updating our website, occasionally a product shown may be on back-order or no longer available. If the unavailability of a product would be a problem for you, we recommend you contact us before ordering to check on availability. 

 Back-orders are not charged Shipping/Handling (S/H) once available if the original order was partially shipped due to a back-order product. Shipment will be Standard Shipping. If Express shipping is required additionally S/H fees may apply.

African American Wigs is not responsible or liable for any additional expenses (duties, taxes, freight forwarding fees, etc.) a customer may incur for the receipt of an order, exchange order and/or a defective or incorrect product replacement order.

Shipping Options & Cost:

● USA Standard Shipping & Handling (Average Delivery 5-8 Business Days)


● USA Express Shipping & Handling (Average Delivery 3-5 Business Days) 


● USA Expedited Express Shipping & Handling (Average Delivery 1-3 Business Days)

   *Additional Fees May Apply


● Australia/New Zealand Standard Shipping & Handling (Average Delivery 8-14 Business Days) ** $49.00
● Canada & Mexico Standard Shipping & Handling (Average Delivery 8-14 Business Days) ** $29.00

● Ireland and United Kingdom Standard Shipping & Handling (Average Delivery 8-14 Business Days) **

**Customer is responsible for payment of any customs fees, duties and/or taxes



Order Shipping & Delivery Schedule:

● Some products may not be available for immediate shipment and may not be able to be guaranteed a requested delivery date.

● For US orders, our standard shipping is by United States Postal Service (USPS) Priority Mail with average delivery after shipment of 2-4 business days.  At time of shipment, a USPS Tracking Number is issued and a USPS shipping notification is sent to your email address for order tracking.

For International orders, our standard shipping is by DHL Express. It is hard to determine the exact date the delivery will arrive at your destination, due to unforeseen delays in customs.  However, we will ship your item with 2-4 business days after shipment and DHL is the best international carrier to use for international business.

● Expedited Express Shipping & Handling will appear as $46.00 on your order checkout, however additional shipping fees may apply.  If additional shipping cost are required to ship your order, we will email or phone you with the revised shipping/handling cost after we receive your order. 

● Orders received after 1:00pm central time may be delayed shipping 1 business day.

● "Business Days" do not include weekends or holidays. Example..If you place an order with us on Friday, the 1st business day starts on Monday, unless that was a holiday, then it would be Tuesday. Saturdays and Sundays are not considered business days.  When determining delivery of your order, please use this as a guide or contact us if you have questions.  

● To better assist you, if you do have a specific date or time frame you would need an order by, please give us that information in the "comments" section of our order check form.   


Order Tracking:

● Once your order has shipped, you will be sent an e-mailed message confirming your order shipment and given the order tracking number.  To track your order go to www.USPS.com and enter you tracking number. If your order shipped by another carrier, we will give you that carrier's website when we give you your tracking number.

● Signature may be required at time of delivery on some orders. 


Other Important Shipping Information:

● Order Shows Delivered, But You Did Not Receive It: If after tracking your order it shows delivered, but you did not receive it, you must contact us within 5 days of the delivery date shown by the shipping service (USPS, UPS, etc.) for any credit or reshipment of product to be considered.

● Order Delivery Delayed Due to Acts of Nature: African American Wigs shall not be liable and will not issue any refund or credit if an order delivery is delayed due to causes beyond the shipping carrier's control, including, but not limited to: acts of God, natural disasters, weather delays, or customs (where applicable).

 Un-deliverable Orders:  Please note, should an order shipped to you be returned back to us due to either being refused, unclaimed or because of an incorrect shipping address you had given us, you will be charged a $5.00 order reprocessing fee plus a minimum $7.50 shipping and handling (S/H) fee for re-shipment.  Actual additional (S/H) charges will depend on the carrier and service used, along with the re-shipment location.  Prior to any re-shipment, we will inform you of the returned order, the return processing fee and the added (S/H) charges to your order for re-shipment.  If you elect not to have us re-ship the products to you, we will issue you a refund for the order total less a 15% Restocking Fee PER ITEM and the Original Shipping Cost.  If the returned shipment was a result of our error, you will not be charged any additional (S/H) fees and the products will be re-sent to you.

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If we have begun processing your order, you will be charged a 15% change/cancellation fee (minimum $5.00) per item changed or cancelled. However, you will not be charged any change/cancellation fees to add items, change items, or cancelled your order anytime prior to processing the order. An order cannot be changed or cancelled after it has shipped. In the event your order has already shipped, any changes or cancellation would be charged a Restocking Fee as stated in our Return & Exchange Policy. To add items, change or cancel your order, you can either e-mail us at sales@africanamericanwigs.net or phone us (800) 277-3710.

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Please read the following before ordering!

By ordering from us you are agreeing to our Exchange Policy. Products eligible for exchanges must be returned and received by us within 10 BUSINESS DAYS of order delivery and have original tags and packaging.

**Failure to obtain a Return Authorization Number prior to returning the product(s) will result in a 30% RESTOCKING FEE.** 

EXCHANGES (allow 7-10 days for processing):

Customer may return eligible items for an exchange.

 Ineligible Items: For sanitary reasons, tampering concerns and industry regulations, Wig Accessories such as Cleansers, Conditioners, Sprays, Cap Liners, Sure Grip Liners, Wig Stands, Turbans, Hats, Combs and Brushes are not eligible for returns and/or exchanges.

 Restocking Fees:  Waived for the first exchange. Subsequent exchanges will incur a 15% RESTOCKING FEE (minimum $5.00) per item.

 Shipping and handling (S/H) charges apply to all exchanges. Products will be shipped back to the customer by standard shipping and handling methods, unless otherwise specified. Any Specials and/discounts related to Shipping and Handling will not apply to Exchanges.



Customer may return eligible items for either a Store Credit .

 STORE CREDIT: Should the customer prefer a store credit in the form of a gift card, the 15% RESTOCKING FEE (minimum $5.00) will be waived. Store credits do not expire.

 CASH REFUND: Refunds are ONLY  approved for manufacturer defects. Refunds, charges, fees, and Shipping and Handling charges will be applied to the order’s original form of payment.



● Contact us to request a Return Authorization Number.


To qualify as new resaleable condition the product

  1. Has not been brushed, combed, stretched, cut, damaged or worn
  2. Free of all odor(s) such as hair sprays, styling products, perfume, cigarette, or cigar smoke;
  3. Free of loose hairs, stains, skin oils or make-up;
  4. Contains all original packaging, tags, instructions and netting. Additional fees may result if product is not deemed to be in New Resaleable Condition.

● Exchanges are limited to a maximum of 3 items per order.

 Exchange Form must be completed. Please contact us to request an Exchange Form.

● Customers are responsible for payment of all return shipping charges.



 DEFECTIVE: Customers must notify African American Wigs of any defective products received within 5 days of delivery.

● It is the customer’s responsibility to properly package the item(s) to ensure no damage to the product occurs during shipping. Additional fees may apply should the item(s) arrive damaged.

 If you are not satisfied with a product or color after you had received our assistance and/or recommendation or if you feel a product/color appears different from the image on our website, our Return Policy terms and Restocking Fees will not be waived. Please select carefully




Send all exchanges to: 

African American Wigs

7601 FM 1960 E, Ste 251

Humble TX 77346


To contact African American Wigs (www.africanamericanwigs.net)

1) E-mail us at sales@africanamericanwigs.net  

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Because we understand it is difficult to order an item just by looking at a picture, African American Wigs would be glad to assist you with your color or product choice and will offer color or product assistance and recommendations based on the information you supply us. 

First, here are a some helpful tips:

● Colors and products pictured on our website may look different than actual. (see Colors & Products - Actual May Differ From Picture)

● Most Wigs & Hairpieces have styling flexibility.  Due to this, the same wig or hairpiece, depending on how it is styled, may appear different.              

● A "same" product or color may vary slightly due to construction limitations. Basically what this means is, even if you order or have 2 of the "same" product or color, there may be slight differences in appearance between the two. 

● We will do our best with assisting and consulting an individual on color or product, however, based on our discretion if we feel there is too much uncertainty with color or product selection, we may refused further consultation and recommend you visit a local store and/or contact a different online company which would allow you to physically view the colors or products before ordering.

● We appreciate all business, but do try to look out for the customer's best interest. Ordering online can be a little risky, but convenient and good up to a point with service. If a client's situation requires more attention or more service issues as determined by our discretion, then a local physical store/salon would be better. Please do not be offended if we recommend this alternative and refuse to help you further. At times we feel this would be best for overall product satisfaction. We rather prefer not to take an order if we feel in the end the customer may not be happy with the product or service we offer.

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Option 1: Mail us a hair swatch.

If you specifically need help with a hair color choice, you can send us a good size swatch of your hair so we can try to match against that.  When sending us a hair swatch, please let us know the name of the product or products you may be interested in along with a daytime phone number or e-mail address where we can reach you. 

Please send your hair swatch to our Color Specialist/Licensed Cosmetologist at the following location:    


African American Wigs


7601 FM 1960 E, Ste 251

Humble, TX 77346

Option 2: Purchase a Color Ring:

Another option for color help is to purchase a color ring for the wig or hairpiece brand you are interested in.  Return the Color Ring and receive a Credit good toward the one time purchase of any wig, hair piece or extension we offer. Credit is the amount you paid for the color ring and cannot exceed the price of the wig, hairpiece or extension. No additional refunds will be given. Excludes shipping expense. Click on "Wig Accessories" on the left side border and then "Color Rings" for color ring choices. 

Option 3: E-mail us for Color or Product Help:

For help with you color or product choice, you may also contact us by email at sales@africanamericanwigs.net

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Color & Products - Actual May Differ From Picture:

African American Wigs puts great effort in displaying colors and products on our website as to true to actual as possible, however due to image processing limitations and varying monitor qualities, colors and products may appear different than actual.  Additionally, products being shown on models or mannequins may look different on you depending on how you style or positioned it on your head. Most wigs and hairpieces have styling flexibility.  A new wig or hairpiece when first taken out of its box or package may initially look different than the pictured product on our website and may require further styling and trimming by you for the desired look. It may also appear different due to the physical differences between you and the models pictured, such as facial features, head size, and your own hair length or fullness.  Additionally, due to construction limitations in the wig & hairpiece industry, "same" products and colors may have slight variances in appearance.


Return Policy & Restocking Fees Still Do Apply:

● Color or Product Help:
Color or product assistance or recommendations we offer, either by phone conversation, e-mail message or from hair swatches, are NOT a guarantee of Color Match or Product Suitability and all Return & Exchange Policy terms and conditions including restocking fees would still apply even if you placed an order with us based on color or product assistance or recommendations we offered. 
● Restocking Fees WILL NOT BE WAIVED if a Color or Product you receive looks different than pictured on our website
We ask that you be certain of your product or color choice.  If you do elect to order a product from us and do not like that product or its color or feel it does not look like the picture on our website and would like to return it, all terms and conditions as stated in our Return & Exchange Policy including restocking fees would still apply, regardless if the product or its color you ordered was based on the product pictured on our website or by our assistance or recommendations we offered.  However, if you do receive the wrong product or color than the one you ordered, we will exchange it at no charge to you.

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Blocked/Refused Accounts

African American Wigs reserves the right to refuse business from any individual/business who it determines abuses or does not agree and/or has refused to followed our Terms, Policies or Sales Conditions. Additionally reasons we may Refused/Blocked an individual are as follows, but not limited to.. Any customer who does excessive exchanges, refunds and/or order cancellations (combined more than 50% of that customer's orders placed) or anticipated exchanges and/or refunds by our discretion may be blocked from doing business with African American Wigs. We reserves the right to refuse business or give product assistance to any individual/business who contacted us by phone, letter or email and communicated to us in a way we felt was offensive, threatening, vulgar/profanity, obscene, and/or defamatory. Additionally, if we determine by our discretion an individual expresses too much uncertainty with color or product selection, we may refuse further consultation and recommend you visit a local store and/or contact a different online company which would allow you to physically view the colors or products before ordering. Also, a customer who proceeds with a chargeback against us and/or threatens such action or any other adverse action, legal or otherwise, against our company, may at the discretion of African American Wigs also be Blocked from doing future business with our company. If in the event you are a Blocked/Refused account with us and you place an order on our site or you call in your order to us and it ends up being accepted and authorized in our online shopping cart system, we have the right thereafter  to void that order and email or call you advising that your order is Refused due to you being a Blocked account. 

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This website, content and related information is provided by African American Wigs on an "as is" and "as available" basis. African American Wigs makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk. African American Wigs disclaims all warranties, expressed or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. African American Wigs uses reasonable efforts to include accurate and up-to-date information on this website. We assume no liability or responsibility for any typographical or other errors or omissions in the content of this site. In the event that a product is listed at an incorrect price or with other incorrect information, African American Wigs shall have the right to refuse or cancel any orders placed for the product listed incorrectly. We will not be liable for damages of any kind relating to arising out of your use of this site.

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You agree to indemnify, defend and hold harmless African American Wigs, its directors, officers, employees, consultants, agents, suppliers, and affiliates, from any and all claims, liability, damages and/or cost (including, but not limited to "reasonable" attorney fees and court cost) related or arising from your use of this website and/or your breach or our enforcement of our Terms, Policies, and Sale Conditions.

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Dispute Resolution, Choice of Venue and Forum
In the event of any claim, dispute or action relating in any way to your visit or access of the African American Wigs website or to the products or services offered, or the breach, interpretation or validity of the Terms, Policies, Condition, the party asserting the Dispute will try to make a good faith effort by providing written notice to the other party (via certified mail with returned receipt of signature confirmationt) and allowing up to thirty days in which to respond to or resolve the Dispute. If to African American Wigs, notice will be sent to African American Wigs, 3536 Highway 6 South #150, Sugar Land, TX 77478. If to you, notice will be sent to last email, billing or shipping address we have on file. Both you and African American Wigs agree that this dispute resolution procedure is a condition precedent to the filing of any litigation against each other. Any claim or action initiated by you relating to or arising out of your use of this Site of the Terms, Policies, or Sales Conditions shall in all respects be governed by the laws and resolved by only the state or federal courts located in Harris County, Texas, U.S. The parties agree that the Texas courts located in Harris County, TX, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that is proper in those courts.

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Terms of Sale & Return Policy Changes

Our Terms of Sale and Return & Exchange Policies may change without notice. Please check on a regular basic to keep up-to-date on any changes..

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Agreeing To Our Policies

As much as we appreciate your business, if you do not agree with our Terms of Sale or Return & Exchange Policy, we ask that you do not order from us. Additionally, African American Wigs reserves the right to refuse business from any individual/business that does not agree and/or want to follow our policies.

 African American Wigs (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and 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 detailed 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 Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.  By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.  While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted 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 participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program.  You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify:  If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these terms and conditions.  You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.  This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.


Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of  [DESCRIBE COMPANY’S GOODS/SERVICE OFFERINGS – THIS SHOULD BE BROAD AND GENERAL TO ENCOMPASS AND TYPE OF MESSAGE YOU MAY SEND. MESSAGES OUTSIDE OF THIS SCOPE MAY NOT BE ALLOWED UNDER THE TCPA].

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [COMPANY’S CUSTOMER SERVICE EMAIL ADDRESS].  Please note that the use of this email address is not an acceptable method of opting out of the program.  Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and 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 will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements:  You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction:  You may not use of engage with the Platform if you are under thirteen (13) years of age.  If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content:  You acknowledge and agree to not send any prohibited content over the Platform.  Prohibited content includes:

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

-       Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

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

-       Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

-       Any content that implicates and/or references personal health information that is 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 that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that 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 acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, 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, to the fullest extent permitted by law, determined by arbitration in Humble, TX before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which [COMPANY NAME]’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.  If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide 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 governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.  The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.  The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  Except as may be 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, unless to protect or pursue a legal right.  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 unenforceable such term or provision 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 shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

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