Terms of service

Last updated: October 16, 2026

Please read these Terms carefully. They include an agreement to resolve disputes through final and binding individual arbitration and a waiver of class actions (sections 25 and 26), and they set out how VIP Club membership is billed and canceled (section 21).

1. Overview

This website, officialhodgetwins.com, is operated by Shop Hodgetwins. Throughout the site, the terms “we”, “us” and “our” refer to Shop Hodgetwins (“Hodge Twins”). Hodge Twins offers this website, including all information, tools and Services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including the additional terms, conditions and policies referenced in these Terms and/or available by hyperlink. These include our Refund Policy, Shipping Policy, Subscription & Cancellation Policy and Privacy Policy. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

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

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

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and Services to you.

2. Online store terms

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

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

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

A breach or violation of any of these Terms will result in an immediate termination of your Services.

3. General conditions

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

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

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

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

4. Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

5. Modifications to the Service and prices

Prices for our products are subject to change without notice.

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

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

6. Products and Services

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

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

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

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

7. Orders, billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy. Product subscriptions are governed by our Subscription & Cancellation Policy.

8. Optional tools

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

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).

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

9. Third-party links

Certain content, products and Services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or Services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content or any other transactions made in connection with any third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

10. User comments, feedback and other submissions

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

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

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

11. Personal information

Your submission of personal information through the store is governed by our Privacy Policy.

12. Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

13. Prohibited uses

In addition to the other prohibitions set out in these Terms, you are prohibited from using the site or its content:

  • (a) for any unlawful purpose;
  • (b) to solicit others to perform or participate in any unlawful acts;
  • (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances;
  • (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
  • (f) to submit false or misleading information;
  • (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the Internet;
  • (h) to collect or track the personal information of others;
  • (i) to spam, phish, pharm, pretext, spider, crawl or scrape;
  • (j) for any obscene or immoral purpose; or
  • (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

14. Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

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

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

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

15. Indemnification

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

16. Severability

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

17. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

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

18. Entire agreement

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

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

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

19. Changes to these Terms

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

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

20. Product subscriptions

Some products are offered as subscriptions that renew automatically. Billing, the 2-shipment minimum and how to cancel are set out in our Subscription & Cancellation Policy, which forms part of these Terms.

21. VIP Club membership

Hodge Twins offers a monthly membership, the Hodge Twins VIP Club (the “VIP Club”), that gives members access to discounts and offers on our products, including apparel, gear and accessories. By choosing to create an account and become a member, you agree to provide complete, accurate and current information about yourself as required by Hodge Twins. Personal information, registration data and other information is governed by our Privacy Policy. Members of the VIP Club have access to participate in the included membership rewards program.

Joining and billing

To join, visit our website or online offers and enroll in the VIP Club, which includes an automatic monthly subscription. The terms and conditions of the membership, including the monthly fee, are stated when you sign up. Once you sign up, the payment method you used (credit or debit card) will be charged the monthly membership fee on a monthly recurring basis until you cancel your VIP Club membership. The current membership is $30 per month.

Member perks

VIP Club perks are described on the VIP Club page at the time you join. They currently include:

  • $40.00 in store credit every month;
  • member discounts on our store;
  • bonus entries into our giveaways, as set out in the Official Rules of each giveaway;
  • VIP-only monthly giveaways;
  • early access to new products, promotions and giveaways;
  • free shipping on orders over $99; and
  • unlimited skips: you can skip a month, free of charge.

We offer these perks on purchases of the products we sell, including, but not limited to, apparel, gear and accessories.

Member credits

Member store credit can only be used for products at officialhodgetwins.com. Credit does not expire and can be used at any time. Credit is not redeemable for cash, is non-refundable and is non-transferable.

Other memberships

Members of the Hodgetwins/Bigly VIP Club are charged $9/month until they cancel. That membership includes a 20% discount and free shipping storewide, exclusive members-only products and discounts, one $10.00 coupon each month for products at officialhodgetwins.com, double bonus entries (18 total entries) each month into the current giveaway at the time, and access to members-only giveaways each month. These e-gift card coupons do not expire, and can be used at any time, with or without a membership. Coupons are not redeemable for cash, are non-refundable and non-transferable, and may be used for 1 transaction per month, per store. If you did not use a past month’s coupon, you can contact our Customer Service team at info@officialhodgetwins.com and receive past unused coupons, without issue.

Changes to the VIP Club

We offer monthly memberships as legally permitted. We reserve the right to change, modify or terminate the VIP Club or its perks at any time, at our sole discretion.

22. Payment disputes and chargebacks

If you have a problem with an order or a charge, please contact us first at info@officialhodgetwins.com. We can usually resolve billing questions, cancellations and delivery issues faster than your bank or card issuer can.

If a chargeback or payment dispute is filed for an order or charge that was authorized and fulfilled in line with these Terms and our policies, we will provide the card issuer or payment processor with the records of the transaction. These may include your order details, the policies accepted at checkout, subscription or VIP Club sign-up and cancellation records, shipping, tracking and delivery information, and our communications with you.

Giveaway entries earned from an order are tied to that order. If the order is canceled, refunded, returned or charged back, the entries earned from it will be removed. Each giveaway is governed by its Official Rules.

23. Governing law

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

Use of the Service, membership in the VIP Club, any purchases made through officialhodgetwins.com, and any controversy, claim or dispute arising out of or relating in any way to your use of the Service, your membership in or purchases through the website or the VIP Club, your account, or products purchased through the website shall be governed by the laws of your home state of residence, without respect to its choice (or conflict) of laws rules.

Any claim or cause of action you may have with respect to Hodge Twins or the website must be commenced within one (1) year after the claim or cause of action arose.

24. Notice for California users

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information Hodge Twins shares with third parties or corporate affiliates for those third parties’ or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to: Shop Hodgetwins, General Counsel, info@officialhodgetwins.com. In your request, please specify that you want a copy of “Your Hodge Twins California Privacy Rights Notice”. Please allow 30 days for a response.

25. Agreement to arbitrate

Use of the website, membership in the VIP Club, any purchases made through the website, and any controversy, claim or dispute arising out of or relating in any way to your use of the website, your membership in or purchases through the VIP Club, or products purchased through the website shall be resolved by final and binding arbitration between you and Hodge Twins. Disputes relating to our text message program are resolved as set out in section 27.

26. Class action waiver

Both you and Hodge Twins waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the website, your membership in or purchases through the VIP Club, your account, or products purchased through the website as a class, consolidated, representative, collective or private attorney general action, or to participate in a class, consolidated, representative, collective or private attorney general action regarding any such claim brought by anyone else. This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to in these Terms as “the class action waiver”.

27. Text message terms

In addition to the terms below, you agree to our Messaging Terms and Messaging Privacy Policy.

Mobile message service

The Hodge Twins mobile message service (the “Mobile Service”) is operated by Hodge Twins. Your use of the Mobile Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Hodge Twins’ SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Hodge Twins through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts and information (e.g., order updates, account alerts). Promotional messages may include promotions, specials, sweepstakes and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Hodge Twins. Your participation in this program is completely voluntary.

We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt out of the Mobile Service at any time. Text the single keyword command STOP to 65232 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Hodge Twins mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Mobile Service support or assistance, text HELP to 65232 or email info@officialhodgetwins.com.

We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

SMS/MMS mobile message marketing program terms and conditions

Shop Hodgetwins (“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 our 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” item 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.

  1. 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. Message frequency varies.
  2. 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 acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Hodge Twins and its service providers will have no liability for failing to honor such requests. 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.
  3. Program description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Hodge Twins products and services, including apparel, supplements, gear and accessories, our VIP Club and our giveaways. Messages may include checkout reminders.
  4. Cost and frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
  5. Support instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@officialhodgetwins.com. 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.
  6. MMS disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
  7. 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. Carriers are not liable for delayed or undelivered mobile messages.
  8. 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.
  9. Age restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program 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 Program, 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 Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Program.
  10. Prohibited content: You acknowledge and agree to not send any prohibited content over the Program. 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 (“HITECH” Act); and
    • any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
  11. Dispute resolution: In the event that there is a dispute, claim or controversy between you and Us, or between you and Stodge Inc. 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 Fayetteville, Arkansas 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 Hodge Twins’ principal 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 THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class 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.
  12. Florida law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to the Program, (1) your shipping address, as provided, is located in Florida or (2) the area code for the phone number used to opt into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but not limited to responses to keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
  13. 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.

28. Contact information

Questions about these Terms should be sent to us at:

Hodge Twins (Shop Hodgetwins)
Email: info@officialhodgetwins.com
Mail: 10135 Webb Way, Fayetteville, AR 72701, United States

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