Shipping

User Generated Content Agreement

EDUCATED MESS USA USER CONTENT PERMISSION (AND GDPR CONSENT)

We love hearing from you and when you share it with us. These User Content Permission Terms, together with our Privacy Policy and general site Terms & Conditions apply if you upload content (e.g. pictures or reviews) to our sites, hashtags, social pages or if you respond “yes” to a request by us to re-use your content.These User Content Permission Terms provide your consent to Educated Mess, affiliates and third-party providers (collectively “Educated Mess”) as follows:

You grant Educated Mess a worldwide, royalty-free, non-exclusive, transferable right to use your video(s), photo(s) and/or other content posted online (e.g. Instagram, Facebook, Twitter, or other platform) in addition to those you have tagged with #EducatedMess or a Educated Mess campaign hashtag together with your social media handle, social media user name, profile picture, caption and location information you may have included in your content (“User Content”) in any media, including but not limited to on its webpages, social media pages and other digital media, newsletters, retailer sites, third party sites, print materials, in-store materials, television and other broadcast media, for its marketing and/or its advertising. Educated Mess may use, reproduce, modify, delete in its entirety, adapt, publish, translate, create derivative works in any manner in its sole discretion.You represent and warrant that you own all rights in and to User Content, you have permission from any person(s) appearing in User Content to grant the rights herein, you are not a minor.The User Content is a true and accurate expression of your honest belief based on use of Educated Mess products and that you have and will disclose receipt of any free product or incentives in exchange for providing User Content.You hereby release, discharge and agree to hold Educated Mess and any person acting on Educated Mess’ behalf harmless from any liability related in any way with the User Content.You consent to Educated Mess’ collection of any personal information you provide, and Educated Mess use and disclosure of that personal information in connection with the use of your User Content as described above. Your personal information may be transferred to or accessible all over the world, and may be shared with affiliates or other trusted third parties working on Educated Mess’ behalf. By posting User Content with any Hashtag(s) or otherwise providing Educated Mess with personal information, you agree to such collection, use, disclosure, transfer and processing of your information in accordance with these Permission Terms, Educated Mess’ Privacy Policy, and applicable data protection laws and regulations.

Privacy Policy and Cookie Policy

LAST UPDATED: OCTOBER 3, 2022

This Privacy Policy (or “Policy”) tells you how Educated Mess, LLC (“Educated Mess”, “we,” or “our”) collects, uses, shares, and protects information obtained from and about our customers (“you”). It also tells you how you can access and update your information and make certain choices about how your information is used. This Policy covers both our online and offline data collection activities, including information that we collect through our various websites and applications, as well as our offline programs and events. By using the Educated Mess website or by otherwise giving us your information, you agree to the terms of this Policy. If you do not agree to this Policy, you must not use our websites or applications or give us any of your information.If we want to change the way we handle your information, we will post those changes in this Privacy Policy. For material changes (i.e., substantially new practices you wouldn’t expect from us or that we didn’t previously tell you about), we may decide to notify you more prominently and/or give you prior choice. We reserve the right to make changes to our practices and this Policy at any time, provided that we follow the procedures above.

THIS PRIVACY POLICY ANSWERS THE FOLLOWING QUESTIONS:
Q: HOW DO WE COLLECT INFORMATION FROM YOU?
This Privacy Policy applies to information that we, Educated Mess, collect from or about our customers through the methods described below. We may combine information collected via one method (e.g., a Educated Mess website) with information collected via another method (e.g., an Educated Mess offline program or event). We do this to get a more complete view of our customers, which, in turn, allows us to serve you better and with more personalization. Also note that not all of the methods listed below may be relevant to you.

EDUCATED MESS WEBSITES AND APPLICATIONS
We may collect information from you through one of our U.S. or international websites or applications. This could include (a) any site that we own and control under our own domain (such as EducatedMess.com, or some other domain name that redirects you to one of these sites), or (b) any site or web application that we may develop and run on a third party social network such as Facebook. This could also include any site or application that we specifically design for use on a cell phone or other mobile device, such as a mobile-enabled site (i.e., WAP site) or mobile application (e.g., iPad/iPhone app). This Policy will only apply if it is posted or linked to on the website or application which you are using.

EDUCATED MESS TEXT MESSAGING PROGRAMS
We may collect information from you through one of our inbound text messaging programs. For example, periodically we may allow customers to send us inbound text messages using a short code that we create and advertise in connection with a special offer or promotion. These programs might be advertised on one of our websites or applications or at an offline program or event. If you choose to participate in one of these programs, information about your physical geo-location may be collected and used for marketing purposes (see “Marketing Communications” under “How do we use your information?” below for more information). This Policy will only apply if the Educated Mess text messaging program indicates it applies or refers you to our website to view the relevant privacy policy.

CALL CENTER ORDERS
We may collect information from you through our call centers, for example if you place an order over the phone or via fax or postal mail to our customer service department. These methods of ordering are available in the U.S. and in some locations outside the U.S. Our call centers may also collect information from you to respond to your question, comment, or other follow-up request.

EMAIL CORRESPONDENCE
We may collect information from you if you correspond with us via email. For example, if you send an email to our customer service department, we may obtain certain information about you (such as your contact email address) and use it to follow up.

DATA COLLECTED FROM OTHER SOURCES
Occasionally, we may obtain information about you from other sources. For example, we may hire a third party data aggregator or vendor to provide us additional information about our existing customers (this is known as “data appending”), including information from your profile or postings on a third party social network. We may also receive information from third party co-sponsors who we may partner with occasionally to run special promotions or giveaways. We may also receive information about customers in the event we acquire other companies. We may also receive information from other methods that are not inconsistent with this Policy.

Q: WHAT INFORMATION DO WE COLLECT FROM YOU?
Depending on how you interact with Educated Mess (online, on the phone, etc.), we may collect from you various types of information, which are described in more detail below. In some instances (and unless we say otherwise below), we may combine one type of information with another type of information and store them together in our records. In all cases, however, we strive to limit the amount of information we collect and store to that which is necessary to provide you with the relevant services.

PERSONAL CONTACT INFORMATION
This includes any information that would allow us to personally contact you, such as your name, home or mailing address, phone number, or email address. In some cases, this could include information that you give us about someone else (for example, if you ask us to ship an Educated Mess product to a friend). We typically collect personal contact information in connection with a variety of activities, including account registration, product orders, customer service, contests and promotions, and customer feedback. If you create an account with us, some of your personal contact information may be stored under your account profile. To review or edit this information, go to the relevant “My Account” section of our site or contact Customer Service.

PAYMENT INFORMATION
This includes any information that you use to make a purchase, such as your credit card details (cardholder name, card number, expiration date, etc.), gift card information, check or other forms of payment (if such are made available). This also includes the billing name and address associated with your form of payment. We only collect payment information for purchases (whether your purchase is made online or by phone). If you create an account with us, your payment information (along with your purchase history and other related preferences) may be stored under your account profile. To review or edit this information, go to the relevant “My Account” section of our site or contact Customer Service.

ACCOUNT LOGIN INFORMATION
This refers to any information that is required for you to establish a unique account with us or for us to give you access to your specific account information. Examples include customer number, login ID, screen name, password, and/or security question and answer. Certain login information, such as your customer number, may be generated by us and then sent to you. We only collect (or create for you) unique login information for those activities that require an account. Your unique login information, especially your password, should always be kept confidential and should never be shared with anyone else. To change your account password, go to the relevant “My Account” section of our site or contact Customer Service.

DEMOGRAPHIC INFORMATION
This includes any information that describes demographic or psychographic characteristics. Examples may include your date of birth, age or age range, gender, facial attributes (e.g., hair color, eye color, skin type, skin tone, etc.), general geographic location (e.g., zip code or city and state), favorite products, hobbies and interests, or lifestyle information. We typically collect demographic information in connection with a variety of activities, including account registration, contests and promotions, and customer surveys. If you create an account with us, you may be allowed to modify certain demographic information stored under your account profile. To do so, go to the relevant “My Account” of our site or contact Customer Service. For demographic information associated with your profile on a third party social network (e.g., Facebook), see separate paragraph on “Social network information” below.

TECHNICAL COMPUTER INFORMATION
This includes any information about the computer system or other technological device that you may be using to access one of our websites or applications. We typically collect this information through the use of automated technologies such as cookies and web beacons. For more on cookies, see the section “Do we use cookies to gather information?” below. Examples of technical computer information that may be collected include your computer’s IP address, operating system type, and web browser type. If you access an Educated Mess website or application via a mobile device such as a smartphone, the collected information may also include your phone’s unique device ID, location, and other similar mobile device data. Technical computer information is not typically associated with your personal contact information.

WEBSITE USAGE INFORMATION
This includes information about how you use and navigate our websites and applications, including which links you click on, which pages or content you view, and other similar information or statistics about your interactions with our websites or applications (e.g., date and time of visit, which site you came from, etc.). This information is captured using automated technologies such as cookies and web beacons, and may be collected regardless of the device you may be using (computer, smartphone, tablet, etc.). This information may also be collected using third party analytics services (such as Google Analytics) that collect data in aggregate (such as number of visits to a particular page or the amount of time spent on a site). We may also use these technologies, such as web beacons, to capture information about how users respond to certain email campaigns (e.g., time the email is opened, where users link to from that email, etc.). Website usage information may be associated with your personal contact information. For more on cookies, see the section “Do we use cookies to gather information?” below.

CUSTOMER FEEDBACK
This includes information that you voluntarily share with us about your experience in using our products or services, including our beauty products, and websites and applications. Examples may include comments and suggestions, testimonials, or other feedback you send us about what you may have liked (or disliked) about your experience in using our products or services. We typically collect this information in the form of customer surveys, feedback forms, and email correspondence

CUSTOMER-GENERATED CONTENT
This refers to any content that you create and then share with us (and perhaps others) by uploading it to one of our websites or applications, such as our Facebook fan pages or applications. Examples may include photos, videos, personal stories, or other similar media or content. We mostly collect customer-generated content in connection with contests and promotions, website community features, customer engagement, and third party social networking.

SOCIAL NETWORK INFORMATION
This refers to any information that is part of your profile on a third party social network (such as Facebook) and that you allow the third party social network to share with us or that you post publicly. Examples may include your basic account information (e.g., name, email address, profile picture, gender, birthday, current city, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share with application developers or that you post publicly on a Educated Mess social networking page. For example, we may receive your social network information (or parts of it) when you download or interact with an Educated Mess application on a social networking site (such as Facebook) or use a third party social networking feature that is integrated within an Educated Mess site (such as Facebook Connect). To learn more about how your social network information may be obtained by Educated Mess (or other application developers), please visit the website of the relevant third party social network.

OTHER INFORMATION (DEPENDING ON CONTEXT)
This refers to any other information that we might need to collect for a specific Educated Mess form, feature, or other service that you use or request. What this information might include will vary depending on the method of collection and the specific purpose(s) for which the information is being collected. Please see the section “How do we use your information?” below for more specific examples.

Q: HOW DO WE USE YOUR INFORMATION?
The following paragraphs describe the various purposes and features for which we might collect and use your information, and the different types of information that might be collected for each. Please note that not all of the uses listed below will be relevant to every customer.

ORDER FULFILLMENT
We may collect and use your information to process and ship your orders, to inform you about the status of your orders, and to follow up with you about your satisfaction with the ordered products. Depending on how you make a purchase (e.g., online, call center, etc.), this could involve the collection and use of certain personal contact information, payment information, account login information, and/or information related to your purchase (such as products ordered). This could also involve the ongoing storage of your payment information to allow for easier checkout on future purchases.Please note that there are many independent e-commerce sites that sell Educated Mess products but that are not controlled or operated by Educated Mess. Because these sites may have different privacy and security practices than we do, we recommend that you read their privacy policies before making any purchases on those sites.

ACCOUNT MAINTENANCE
We may use your information to maintain your accounts with us, including administering any customer loyalty or rewards programs associated with such accounts. This typically involves the use of the information that was originally collected to set up your account (e.g., personal contact information, payment information, account login information, demographic information, etc.).CUSTOMER SERVICEWe may collect and use your information to provide you customer service, including responses to your inquiries. This typically requires the collection and use of certain personal contact information (such as your name, email address) and information regarding the reason for your inquiry (e.g., order status, technical issue, product question, general question, etc.). Customer service may be provided through various forms of communication, such as email correspondence and call center support.

PRODUCT IMPROVEMENT AND CUSTOMIZATION
We may collect and use your information so we can constantly improve our products, tailor them to your needs, and come up with new product ideas. This mostly involves the collection and use of demographic information and customer feedback.

PERSONALIZED PRODUCT RECOMMENDATIONS
We may use your information to provide you with Educated Mess product recommendations, offers, and rewards that are tailored to your interests and profile . This mostly involves the use of your previous order history (including online and call center purchases), as well as certain demographic information (such as your favorite look, unique facial attributes, birth date, etc.).

CONTESTS AND PROMOTIONS
We may collect and use your information to administer a contest, sweepstakes, giveaway, competition, or other similar marketing campaign or promotion. These events typically require the collection and use of personal contact information (for prize fulfillment), limited demographic information (for eligibility), and, in some cases, customer-generated content. Some promotions with customer-generated content or a social networking component will be run on third party social networks such as Facebook (e.g., on Educated Mess’ Facebook fan page or application). To comply with sweepstakes laws, we may publish or share limited information about promotion winners (such as name and city of residence). For more information about our contests and other promotions, please see the official rules or details posted with each promotion.

MARKETING COMMUNICATIONS
We may collect and use your information to send you marketing communications, such as email communications, mobile messages (including text and/or push notifications), and postal mailings. These communications may inform you about new products, store events, special discounts and coupons, beauty tips, and other news and special offers. On occasion, these communications may also contain information or offers about third party products.Sending you marketing communications mostly requires the collection and use of certain personal contact information and/or demographic information. In some instances (such as for mobile messages), this may involve the use of technical information or precise geo-location information obtained from your mobile device. This allows us to send you messages directly to your mobile device, including offers and coupons based on your location.You can always opt-out from receiving marketing communications either by following the unsubscribe instructions provided in each such communications or by updating your device settings for mobile messages. If you have an online account with us, you may be given the option to change some of your communication preferences under the relevant “My Account” section of our site or by calling Customer Service. Please note that even if you opt-out from receiving marketing communications, you may still receive other communications from us, such as order confirmations, notifications about account activities (e.g., account confirmations, password changes, website community postings, etc.), and other important announcements (e.g., product recalls, privacy policy changes, etc.).

WEBSITE PERSONALIZATION AND CONVENIENCE
We may collect and use your information to personalize your experience and save you time when you visit our websites and applications. This is typically done through the use of automated technologies (such as cookies) that collect and remember certain account login information, technical information, and/or previous website usage information. For example, we might remember your login ID or username so you can quickly login the next time you visit our site or so you can easily retrieve the items you previously placed in your shopping cart. Based on this type of information, we might also show you specific Educated Mess content or offers that are more relevant to your interests.

WEBSITE COMMUNITY FEATURES
We may collect and use your information to give you access to our website community features, such as features that may allow you to upload and share ratings, reviews, questions/answers, stories, pictures, videos, or other content. This typically involves the collection, use, and (in some instances) public display of certain personal contact information, account login information, demographic information, and/or customer-generated content. Because these types of features are “communal” in nature, information you post in these areas may be visible to others. Please use caution when using these features or uploading content to an Educated Mess site or application. For some community features, you may have the ability to control whether some parts of your profile can be seen by others and whether we send you notifications about certain community activities (like the fact that one of your questions has been answered). To access these settings, go to the “My Account” section of our site and login to the relevant community account. For community features that are integrated with third party social networks such as Facebook, see separate section on “Third party social networking” below.

WEBSITE VIRAL FEATURES (E.G., TELL-A-FRIEND)
Where permissible under applicable law, we may request and use your information so you can use our website viral features, such as tell-a-friend. These features allow you to easily share certain Educated Mess news, product information, promotions, wish list items, or other content with family members and friends. These features typically require the collection and use of certain personal contact information (such as email addresses and names) so that the selected message or content can be delivered to the proper recipients. In some instances, this information may be stored in our records so we can track and reward our customers for their referrals. For tell-a-friend or other viral features offered by third party social networks (such as Facebook “Share” and “Like” features), see separate paragraph on “Third party social networking” below.

THIRD PARTY SOCIAL NETWORKING
We may collect and use your information when you interact with third party social networking features, such as Facebook Connect, Facebook Like, Pinterest, and Instagram. These tools may be embedded into our sites or applications for the purpose of running contests, allowing you to share content (such as beauty tips, articles, stories, etc.), allowing you to sign up for certain Educated Mess accounts, or for other stated purposes. If you use these tools, we may have the ability to obtain certain information about you from your social networking profile (see the section “Social network information” above). You can learn more about how these features work, and the profile data we may obtain about you, by visiting the website of the relevant third party social network.

THIRD PARTY ONLINE ADVERTISING
We may allow third party ad networks, such as Facebook and Google, to collect and use your information to show you ads that are targeted to reach people (or people similar to people) who have visited our website or are identified in one or more of our databases ("Matched Ads"), including Educated Mess’ ads on our sites or on other sites. This is done by Educated Mess uploading a customer list to the third party ad network or incorporating a pixel from the third party ad network on our website, and the third party ad network matching common factors between our data and their data. Some of these ads may entice you to come back and revisit our site for new offers and promotions. This type of advertising typically involves an ad network collecting and tracking certain technical information (such as your IP address) and website usage information (such as your browsing history) on our sites and across many other sites on the Internet. To opt-out of receiving Matched Ads, please contact the applicable third party ad network, or you can opt-out from this type of third party tracking at any time by going to: https://www.networkadvertising.org/managing/opt_out.asp. If we use Facebook Custom Audiences to serve Matched Ads on Facebook services, you should be able to hover over the box in the right corner of such Facebook ads and find out how to opt-out. We are not responsible for such third party ad network’s failure to comply with your opt-out instructions.

OTHER GENERAL PURPOSES (E.G., WEBSITE SECURITY, INTERNAL RESEARCH)
We may collect and use your information for other general business purposes, such as to maintain the day-to-day operation and security of our websites and applications and to conduct internal marketing and demographic studies. These activities mostly require the collection and use of certain personal information, demographic information, technical computer information, website usage information, and customer feedback.

Q: DO WE USE COOKIES TO GATHER INFORMATION?
We use cookies on some of our websites. A cookie is a small file of letters and numbers that we put on your device when you visit our website and which allows us to recognize your computer when you come back to our site at a later time. Cookies allow us to enhance your website experience in several ways. For example, we use cookies to remember the items that you place in your shopping cart and to assess how visitors are using our site. We may also use cookies to personalize certain website features and to show you content and ads more relevant to your interests. By accessing and using our website(s), you consent to our use of cookies.You can learn more about cookies and how they work at www.allaboutcookies.org or www.youronlinechoices.eu.You can always disable cookies through your browser settings. Doing so, however, may disable certain features on our websites, such as online ordering.To opt-out from third party cookies that are used for advertising purposes, you can do so on the NAI website at https://www.networkadvertising.org/managing/opt_out.asp.We may use third party web analytics services on our websites or applications, such as Google Analytics. The service providers that administer those services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the site. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to analyze use of our websites and applications. You may deactivate the ability of these analytics services to analyze your browsing activities on our websites and applications. To learn more about web analytics services, and exercise your choice with respect to their collection of information on our websites or applications:- To disable Google Analytics, please download the browser add-on for the deactivation of Google Analytics provided by Google at https://tools.google.com/dlpage/gaoptout?hl=en, To learn more about privacy and Google Analytics, please consult the Google Analytics overview provided by Google.

Q: WITH WHOM DO WE SHARE YOUR INFORMATION?
We may share your information with the types of companies or in the situations described below. We do not sell, rent, or otherwise share your information with any third party for a business or commercial purpose under any circumstances unless you specifically consent to such disclosure.

THIRD PARTY VENDORS
These are outside vendors, agencies, or contractors we hire to help us run our business (e.g., fulfill orders, operate our websites, run promotions and marketing campaigns, operate our call center, etc.). The information shared with our vendors could include personal contact information, payment information, demographic information, or other types of information depending on the service being provided by the vendor. For some vendors, we may need to transfer your information to locations outside your home country, such as to the United States. Our vendors are only allowed to use your information for the specific tasks we’ve hired them to do, and for no other purpose. They’re also required to keep your information confidential and secure.

LEGAL DISCLOSURES (WHEN NECESSARY)
This is when we may need to share your information for law enforcement or other legal purposes. This type of sharing may be necessary in connection with a lawsuit, claim or investigation, governmental inquiry, court order, enforcement of legal rights (e.g., contract terms, intellectual property rights, etc.), safety issue, or other similar legal or security matter. Sharing your information for these reasons is not a regular event, but could arise from time to time. We will strive to limit the types and amount of information we may need to share for legal purposes to that which is reasonably necessary.

BUSINESS TRANSFERS (E.G., SALE OR ACQUISITION OF COMPANY)
We may share (or receive) information about you, including personal contact information, in the event of an acquisition, merger, sale, corporate restructuring, bankruptcy, or other similar event that involves Educated Mess or its parent or affiliated companies. If such an event occurs, we will take reasonable steps to require that your information be handled in accordance with this Privacy Policy, unless it is not practicable or permissible to do so.

Q: HOW DO WE PROTECT YOUR INFORMATION?We use a variety of standard methods (described below) to keep customer information confidential and secure. Please note, however, that these protections do not apply to any information you choose to share in public areas such as our website community features or other social areas.

SECURE OPERATING ENVIRONMENTS
We store your information in secure operating environments that are protected from the public and that we only allow authorized Educated Mess employees and agents/contractors to access on a need-to-know basis.

ENCRYPTION FOR PAYMENT INFO
We use industry-standard encryption to provide greater protection for sensitive financial information, such as your credit card information or other payment information, when such information is sent to us over the web. For example, encryption is used when you make payments through our online store, as well as if you choose to have your payment information stored with us for future online purchases.

OTHER SECURITY MEASURES
In addition to the methods above, we may take other measures to protect your information, depending on the sensitivity of the data and other considerations (such as how the information is collected and where it is stored). These measures may include (among other things) additional access restrictions, password requirements, and physical protections (e.g., secure data centers, etc.).

MEASURES YOU CAN TAKE
Despite all of our efforts, no security safeguards or standards are guaranteed to provide 100% security. It is also important for you to play a role in keeping your information safe and secure. When signing up for an online account, please be sure to choose an account password that is hard for others to guess and never to reveal it to anyone else. If you use a shared or public computer, never choose to have your login ID or password remembered and make sure to log out of your account every time you leave the computer.

Q: OTHER IMPORTANT POLICY INFORMATION?
This section provides additional information that is important for you to know about this Policy or our practices.

YOUR INFORMATION MAY BE TRANSFERRED OUTSIDE YOUR HOME COUNTRY
Because Educated Mess is headquartered in the United States, we may have a need to transfer information collected from our non-U.S. customers to the U.S. We may also have a need to transfer our customer information (regardless of where you live) to other countries or places in which we or our agents/contractors maintain offices or facilities. By using an Educated Mess website or application or by otherwise doing business with Educated Mess, you are agreeing to allow us to transfer your information outside your home country and to process it inside the United States or elsewhere for the purposes stated in this Privacy Policy.

WE DO NOT COLLECT INFORMATION FROM CHILDREN
We do not solicit or collect any type of information from a person known to be under the age of 13. If we discover that we have accidentally collected information from a child, we will remove that information from our records as soon as feasibly possible (or obtain the necessary parental permission to retain it).

WE ARE NOT RESPONSIBLE FOR THIRD PARTY SITES/FEATURES
Our websites and applications may provide links to, or features from, other third party sites (such as third party social networks) that we do not own or control. If you click on such links or use such features, you do so at your own risk. We are not responsible for the content or practices of any third party site, application, or feature.

Q: HOW CAN YOU CONTACT US WITH QUESTIONS?
For any questions or concerns regarding this Privacy Policy, you can contact us at:Educated Mess3839 McKinney Avenue, Suite 155Dallas, TX 75204hello@educatedmess.com

CALIFORNIA PRIVACY RIGHTS?CALIFORNIA CONSUMER PRIVACY ACT
If you are a resident of California, the following sections are intended to provide certain information to you as required by the California Consumer Privacy Act of 2018, as amended (“CCPA”). These sections apply to personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household such as your real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers (collectively, “personal information”). Personal information does not include publicly-available information and certain other information that is regulated by other applicable laws.

RIGHT TO KNOW
You have the right to request that we disclose certain information to you about our collection of your personal information. Such information shall cover the 12-month period preceding our receipt of your request. Upon our receipt of your verified request, we will provide you with the following:The categories of personal information we have collected about youThe categories of sources from which we have collected your personal informationOur business or commercial purpose(s) for collecting or selling your personal informationThe categories of third parties with whom we have shared your personal information; andThe specific pieces of personal information we have collected about you. Educated Mess has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months.

RIGHT TO DELETE
You have the right at any time to request that we delete your personal information. However, in some cases we cannot delete all or some of your personal information as required or permitted by applicable laws. Or we may need to delay a deletion, for instance, to process transactions you authorize such as a purchase of our products.

RIGHT TO OPT-OUT OF SALE OF PERSONAL INFORMATION
We do not sell, rent, or otherwise share your data to any third party for a business or commercial purpose under any circumstances. However, we are required to let you know that you have the right to opt-out of the sale of your personal information if we ever notify you that we engage in such activity.

RIGHT TO NON-DISCRIMINATION
We will not discriminate against you for exercising your rights under the CCPA, such as denying you products and services, charging you different rates or prices including use of discounts or penalties, or suggesting or providing a different level of service or quality of products to you. However, we may charge a different price or provide a different level or quality of products and services only if the price or difference is directly related to the value provided to you by your personal information.We may offer you financial incentives, including payments to you as compensation, for collecting, selling, or deleting your personal information. We also may offer a different price, rate, level, or quality of goods or services to the consumer if that price or difference is directly related to the value provided to you by your personal information.

HOW TO SUBMIT YOUR REQUEST
To submit a request to exercise any of your rights provided in this notice, please email hello@educatedmess.com. We will evaluate the request and take action where required to do so.Depending on the nature of your request, we may have to verify your identity when you contact us. We do this by asking you to provide us with certain pieces of personal information which we will match with information we have in our possession to verify your identity.We endeavor to respond to your request as soon as we can. If we are not able to respond to your request within 45 days, we will let you know that we may require additional time (up to 90 total days).You may also use an authorized agent to exercise your rights on your behalf. If you wish to use an authorized agent, we require that your authorized agent provides written proof to us that he or she is authorized to act on your behalf, and we may also require your authorized agent to verify his or her own identity. To appoint an authorized agent, please contact us at hello@educatedmess.com.We are not able to respond to more than one “Right to Know” request from a consumer in any 12-month period.

INFORMATION WE COLLECT, SOURCES OF INFORMATION, BUSINESS PURPOSES FOR THE COLLECTION, & SHARING OF INFORMATION
Depending on your specific personal interaction with Educated Mess or by using this website, we may have collected the following categories of personal information from consumers in the last twelve (12) months: identifiers (e.g. real name, address, email address); characteristics of protected classification under California or Federal law; commercial information (e.g. products purchased, obtained, or considered, or other purchasing or consuming histories); skin tone; internet or other electronic network activity (e.g. browsing history, search history, or a consumer’s interaction with a website); geolocation data; audio, visual, and similar information; professional or employment related information; education information (information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act); inferences drawn from any of the information above to create a profile about a consumer (reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and attitudes); or any other category of information consistent with this Privacy Policy.Our sources for this information include: information we receive directly from you; information we may have licensed data from third party data providers; information received from our third party advertising partners; information received through third party social networks (such as Facebook); or any other sources consistent with this Privacy Policy.Our business purposes for collecting this information include: to fulfill our contractual obligations with you; to improve our website and our services; to send you updates about our company; to send targeted marketing campaigns; or any other purpose consistent with this Privacy Policy.We do not sell, rent, or otherwise share your data to any third party for a business or commercial purpose under any circumstances. However, we may share your data with third party vendors or service providers engaged by us to help provide the services permitted by the Privacy Policy. Each third party vendor or service provider is obligated to only use your personal information to provide the contracted services and for no other purpose. Further, each third party vendor or service provider must contractually agree to robust privacy and security obligations prior to engagement, including the secure deletion of your data upon the termination of our agreement.

CALIFORNIA SHINE THE LIGHT LAW
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. However, we do not sell, rent, or otherwise share your data to any third party for a business or commercial purpose under any circumstances. If you are a California resident and want a copy of this notice, please submit an email request to hello@educatedmess.com. In your request, please specify that you want a “Your Educated Mess California Privacy Rights Notice.” Please allow 30 days for a response.If you are a minor under 18 and have a profile on EducatedMess.com you may ask us to remove reviews or other content that you posted on the site by writing to hello@educatedmess.com. We will begin to process your request within 30 days. Please note that processing your request does not ensure complete or comprehensive removal of content that you posted.

CALIFORNIA “DO NOT TRACK” NOTICE
Educated Mess does not currently recognize and process “do not track” signals from different web browsers. You may manage your preferences for tracking across sites in the “Do we use cookies to gather information?” section above. For more information on “do not track” please visit https://allaboutdnt.com/.

NEVADA PRIVACY RIGHTS
We do not sell, rent, or otherwise share your data to any third party for a business or commercial purpose under any circumstances unless you specifically consent to such disclosure. Pursuant to Section 603A of the Nevada Revised Statutes, residents of Nevada may, at any time, submit a request to an operator of a website in Nevada directing the operator not to make any sale of any personal information the operator has collected or will collect about the consumer. If you are a Nevada resident and want to opt-out of the sale of any personal information, please submit an email request to hello@educatedmess.com. In your request, please specify that you want to “Opt-Out of Sale of Personal Information in Nevada.” Please allow 60 days for a response.

Accessibility Statement

Educated Mess has a deep commitment to creating inclusive digital experiences for all customers.

As part of these efforts, Educated Mess is dedicated to offering a quality online experience on www.educatedmess.com (the "Website") to customers with disabilities that is full and equal to the experience provided to customers without disabilities.

To assist in achieving the aforementioned accessibility goals with respect to the Website, Educated Mess has committed to the Website being designed, developed, and operated in substantial conformance with generally-recognized and accepted guidelines and/or standards for website accessibility (the "Standards"). While these Standards may change and/or evolve over time, we will try our best to keep Educated Mess’’ Website updated.

Our Website will continue to be assessed on a recurring basis from both an engineering and user-experience basis.

Contact Educated Mess with Your Accessibility Questions/FeedbackPlease be aware that our efforts are ongoing. If, at any time, you have any specific questions, feedback, or concerns about the accessibility of any particular portion of the website, please contact us at hello@educatedmess.com.

If you do encounter an accessibility issue, please be sure to specify the Web page/URL in your email, and we will make all reasonable efforts to address your concerns.

Terms & Conditions

LAST UPDATED: October 3rd, 2022

Welcome to the Educated Mess Skincare website, www.educatedmess.com (the “Website”).

Educated Mess provides the content and services available on the Website to you subject to the following terms and conditions (“Terms and Conditions”). Please read these Terms and Conditions carefully before using the Website. If you do not agree to these Terms and Conditions, please do not use our Website.

PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITE.

1. PRIVACY
Please review our Privacy Policy which also governs your visit to the Website, for details about what information we collect and how we use it. This policy explains how we treat your personal information, and how we protect your privacy when you use the Service. You agree to the use of your data in accordance with our Privacy Policy.

2. TERMS OF SALE; SHIPPING & RETURN POLICY
Despite our efforts, occasional pricing errors may occur on the Website. Possession of, or access to, the Website does not constitute the right to purchase products featured. Educated Mess is not responsible for typographical or pricing errors. Educated Mess reserves the right to revise pricing errors in its catalogs or its website and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation. No Educated Mess employee or agent has the authority to vary any of these terms and conditions governing any sale.Educated Mess sells and ships products to end user customers only through our Website, and application, and Customer Service Call Center. You may not purchase for resale. You may not purchase more than 6 units of a single item in one transaction and/or within a 24 hour window. Educated Mess reserves the right, with or without notice, to reduce the quantity of any order to be fulfilled or to refuse or cancel your order if we suspect you are purchasing for resale or are not the authorized buyer.Please review our Delivery and Returns policies which governs purchases you make on the Website, if any, so that you may understand our sales practices.

3. WEBSITE INTENDED AUDIENCE
This Website is intended for and directed to residents of the United States. This Website is not intended for anyone under the age of 13. You must be 18 years old or the age of majority in your jurisdiction of residence to make a purchase on our Website.

4. ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free. The Website is provided free of charge and on that basis we have no obligation to provide any maintenance or support services in relation to it and we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update the Website.

5. INTELLECTUAL PROPERTY
All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the “Content”) is the property of Educated Mess, our affiliates, partners or licensors, and is protected by United States and international copyright laws.The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of Educated Mess, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to our New York office at the address specified below.Educated Mess, LLC3839 McKinney Avenue, Suite 155Dallas, TX 75204

6. ELECTRONIC COMMUNICATIONS
The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy and anti-spam laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

7. MOBILE FEATURES & TEXT MESSAGING
We may offer features and services that are available to you via your mobile phone. These features and services may include, without limitation, the ability to browse the Website from your mobile device, upload content to the Website, receive messages from the Website, download applications to your mobile phone or access Website features (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier when you use the Mobile Features. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions on how to opt-out of certain Mobile Features will be disclosed in connection with those Mobile Features. The instructions will typically require you to text a keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for the Mobile Feature.By signing up, you consent to receive Educated Mess text messages to your mobile phone/device regarding various promotions, alerts and events. Maximum 2 messages per week. Your consent to receive text messages is not required to make a purchase. You understand and agree that the text messages sent to your mobile phone/device may be generated using automated technology. Message and data rates may apply. Reply STOP to cancel or reply HELP for info. All charges are billed by and payable to your mobile service provider. Educated Mess does not charge you for sending or receiving text messages to or from _________. By signing up for Educated Mess texts, you agree that the collection and processing of your personal data will be in compliance with the Educated Mess Privacy Policy. For questions or help, email us at hello@educatedmess.com.Supported carriers include AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, C Spire Wireless, Carolina West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular, ACS/Alaska, Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility USA, ClearTalk(Flat Wireless), Copper Valley, Coral Wireless (Mobi PCS), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, i Wireless (IOWA Wireless), Illinois Valley Cellular (IV Cellular), Immix(Keystone Wireless), Inland Cellular Telephone Company, Leaco, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest Missouri Cellular Limited, Panhandle Telecommunications Systems(PTCI), Peoples Wireless, Pine Belt Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Texas RSA 3 Ltd(Plateau Wireless), Thumb Cellular, Union Telephone Company(Union Wireless), United Wireless, Viaero Wireless, West Central Wireless (5 Star Wireless).8. YOUR OBLIGATIONS AND RESPONSIBILITIESIn the access or use of the Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. It is strictly prohibited to use or contact this Website to disrupt or damage the Website, its contents or its security measures or to harass or disparage Educated Mess or its products or services or personnel. You may not use the Website for commercial purposes. No unsolicited email (spam), or advertising or promotional materials may be directed to or through this Website. Users may not use this Website in order to transmit, distribute, store or destroy (through viruses or any other computer code, files, or programs which might in any way interrupt, limit, or interfere with the Website or Educated Mess’ business) material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful. You agree that you will abide by any third-party company policies and terms necessary in using our Website (such as a third-party publisher terms of use or Facebook, Twitter or YouTube terms of use).

IF YOU DEFAULT NEGLIGENTLY OR WILLFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS AND CONDITIONS (INCLUDING OUR PRIVACY POLICY), YOU SHALL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO EDUCATED MESS, OUR AFFILIATES, PARTNERS OR LICENSORS.

9. YOUR ACCOUNT
You may choose to register at our Website. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Educated Mess’ best interests to do so.10. LINKINGEducated Mess has no responsibility and assumes no liability for the unaffiliated sites to which it is linked to or from, including but not limited to the content or web pages or other, products, services or materials on the site linked to the Website or posted to this Website by anyone other than Educated Mess. We may permit some links for convenience, but it is not an endorsement by Educated Mess, our affiliates or our partners of the referenced content, product, service or supplier. Please note that the rules and privacy policies of linked sites may differ from those of Educated Mess and should be reviewed by you when you use the link to access the other site. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link. By connecting to the Website with a third-party service (e.g., Facebook), you give us permission to access and use information, content and/or material you have supplied to that service as permitted by that service, and to store your log-in credentials for that service.

11. USER GENERATED CONTENT
Any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us (“User Generated Content”) will be treated as non-proprietary and non-confidential and, by submitting such information, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission of User Generated Content may not be returned and we may use your User Generated Content, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. You agree that you will not provide to us any User Generated Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Educated Mess; that you will not post any User Generated Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Educated Mess, or misrepresent an affiliation with another person or organization; you will not post any User Generated Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website. We have the right to refuse to post, reject, delete, reformat and edit all User Generated Content, in our sole discretion.

12. COPYRIGHT AGENT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached by writing to the Legal Department, Educated Mess, LLC, 3839 McKinney Avenue, Suite 155, Dallas, TX 75204, or by emailing hello@educatedmess.com.

13. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless, Educated Mess, its affiliates, parent, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Website from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.This provision does not require you to indemnify us for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.

14. REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.THE TERMS IN THIS SECTION ARE VALID ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

15. JURISDICTION; ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.WE BOTH AGREE TO ARBITRATE: You and Educated Mess agree to resolve any claims relating to these Terms and Conditions through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or we must do the following things:Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office.Send one copy of the Demand for Arbitration to the other party.Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this Arbitration Agreement shall be held in the United States in Dallas, TX under Texas law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Educated Mess, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND EDUCATED MESS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS ARBITRATION AGREEMENT.OPT-OUT OF ARBITRATION AGREEMENT: You can decline this Arbitration Agreement by emailing us at hello@educatedmess.com and providing the requested information as follows: (1)Your Name; (2) the URL to these Terms and Conditions; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Conditions. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms and Conditions by using the Website.CHOICE OF LAW/FORUM SELECTION: In any circumstances where this Arbitration Agreement permits the parties to litigate in court, these Terms and Conditions shall be governed by the laws of Texas as if the Terms and Conditions were a contract wholly entered into and wholly performed within Texas. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of (i) a state court of competent jurisdiction located in Dallas County, Texas.

16. SEVERABILITY
If any provision in these Terms and Conditions is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these Terms and Conditions shall remain in effect.

17. GENERAL
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website and revising the Last Updated date at the top of these Terms and Conditions. Any changes are effective immediately upon posting to the Website. If you do not agree with any of the changes you should stop using the Website. The sections on indemnification and limitation of liability do not apply to New Jersey residents.

18. CALIFORNIA TRANSPARENCY IN SUPPLY CHAIN ACT DISCLOSURE
On January 1, 2012, the California Transparency in Supply Chain Act went into effect in California. This act requires retail sellers and manufacturers doing business in California to disclose the efforts made to ensure its supply chains are free from slavery and human trafficking in effort to eradicate slavery and human trafficking from product supply chains.

Educated Mess is committed to being responsible in its global business practices and takes steps with its product suppliers to ensure compliance with Educated Mess’ standards of conduct as set forth in the Educated Mess code of conduct, and all applicable laws. Educated Mess is dedicated to conducting its business with integrity and the highest standard of ethics and seeks the same level of integrity and ethical standards with its vendor and supplier partners. Educated Mess will continue to assess all risks and opportunities to ensure that its approach will prevent any injustice or violation of human rights within its supply chain.

Contact Us

For questions about your order, suggestions, concerns, or love letters, please contact us by filling out the form below.