PLEASE READ CAREFULLY BEFORE USING THIS SITE.
USE OF MATERIALS; RESTRICTIONS
Vissla and its related names and logos are all trademarks and/or trade names owned or licensed by Vissla and are protected by law. Other trademarks and/or trade names not specifically listed here, but which are associated with Vissla, are protected by law as well. All trademarks, copyrights, logos, and symbols constitute the intellectual property of Vissla or its affiliated companies and are protected by federal and state law and may not be copied or imitated in whole or in part. Any unauthorized use of these trademarks and trade names is strictly prohibited. Vissla will take all necessary legal action available to it at law or in equity in order to enforce its intellectual property rights.
THIRD PARTY PRODUCTS AND SERVICES
Vissla is not responsible for the content of any sites that may be linked to or from this website, nor do we make any representations or warranties of any kind regarding any products or services offered by any third parties whose icons, products, services or hyperlinks appear on the website. These links are provided for your convenience only and you access them at your own risk. Any other site accessed from this website is independent from Vissla , and Vissla has no control over the content of that other site. In addition, a link to any other site should not be construed as approval or endorsement by Vissla of that third party or of any product or service provided by a third party. Your correspondence or business dealings with third parties found on or through this website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VISSLA DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. VISSLA DOES NOT WARRANT THAT THE SITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. VISSLA MAKES NO WARRANTIES THAT THE INFORMATION, PRODUCTS AND SERVICES PRESENTED ON THE SITE IS CURRENT, UP-TO-DATE, OR ACCURATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL VISSLA, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RELATING TO YOUR USE OF THIS WEBSITE, ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE SITE.
WORLD-WIDE APPLICABILITIES AND LAWS
This website is presented by Vissla from within the United States, and Vissla makes no representation that materials in the website are appropriate or available for use in locations outside the United States. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the website.
JURISDICTION AND VENUE
You agree that any legal action brought against Vissla shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Vissla sites shall be an appropriate federal or state court located in Orange County California.
EU CREDIT CARD CHECKOUTS ONLY
We hereby inform you, in connection with your order, of the use of the “Fraud Expert” solution in addition to the processing of card not present payments. Your personal data is processed by Ingenico e-Commerce Solutions SPRL being the controller, for the purpose of preventing and combating fraud (determining risk levels associated with transactions, detecting and managing any resulting alerts, informing merchants to allow them to take decisions, “human” reviews of transactions with a specified level of risk, modelling of the score).
The collection of certain of your personal data is a mandatory requirement for this purpose. Without this data, your transaction could be delayed or rendered impossible and your order cancelled.
This data is intended for the authorised departments of the Ingenico e-Commerce Solutions entities involved in such processing, and for the merchant, as well as for any third party whose involvement is required to ensure the smooth operation of the payment process and the functioning of the services offered.
SMS Terms & Conditions
IMPORTANT NOTICE: THESE SMS TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS WITH RESPECT TO HOW DISPUTES WITH Stokehouse Unlimited LLC, Vissla ARE RESOLVED.
These SMS Terms and Conditions (the “SMS Terms”) govern text messages from Stokehouse Unlimited LLC, including our affiliates, subsidiaries, representatives, franchisees, employees, contractors, agents and service providers (“Vissla,” “company” “we,” “us,” or “our”), to you to provide you with information about company promotions or offers that may be of interest to you (“Vissla Alerts”).
SIGNING UP FOR MESSAGES
By registering for Vissla Alerts, you expressly agree that we may use any automated or non-automated technology, as well as automated systems that dial and select numbers, to send you promotional and/or informational text messages on a recurring basis. You understand that you are not required to receive Vissla Alerts as a condition of using or purchasing services or products made available by Vissla.
COST OF MESSAGES
Vissla does not charge you for receiving text messages. However, message and data rates may apply, so depending on your plan with your wireless or another applicable provider, you may be charged by your carrier or another relevant provider.
FREQUENCY OF MESSAGES
We may send you an initial text message confirming that we have received your opt-in. After that, the number of text messages and phone calls you receive may vary depending on the campaign you register for and the types of news you register to receive.
Content is not available on all carriers, and carrier participation could change. As of May 18, 2022, our text messages can be sent through most carriers. If you have questions about your carrier, please contact them directly. The content is not compatible with all mobile device models. The list of participating carriers may be changed at our sole discretion without prior notice. Vissla will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers, as delivery is subject to effective transmission from your carrier with active participation at that time.
You agree to indemnify Vissla in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Vissla if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
OPTING OUT OF TEXT MESSAGES
If you no longer want to receive text messages from Vissla, you may text STOP to any text message from Vissla. After unsubscribing, we may send you confirmation of your opt-out via text message.
ARBITRATION AND CLASS ACTION WAIVER
Please read this carefully. It affects your rights.
By signing up to receive or using Vissla Alerts, you agree that any dispute or claim relating in any way to your receipt or use of Vissla text messages or these SMS Terms (including its enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of its provisions) will be resolved by binding arbitration, rather than court. ARBITRATION MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE THE RIGHT TO, A JUDGE OR JURY TO DECIDE YOUR CLAIMS.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Vissla or Vissla’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Vissla may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Vissla hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, the arbitration shall be administered before a single arbitrator administered by JAMS and conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these SMS Terms, and can award damages and relief (including any reasonable attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. For example, rights to the prehearing exchange of information and other discovery, as well as appeal rights, are more limited than were you to sue in court. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND VISSLA ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
ANY ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY. THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND VISSLA AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S CASE CAN ONLY IMPACT THE PERSON BROUGHT THE CLAIM, NOT OTHER VISSLA CUSTOMERS, AND CANNOT BE USED TO DECIDE OTHER DISPUTES WITH OTHER CUSTOMERS.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. 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.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any part of the agreement to arbitrate in this section is found unenforceable, the unenforceable term will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class, representative, or private attorney general arbitration). If any of the class action restrictions are ever deemed illegal or unenforceable, the illegally deemed or unenforceable restriction(s) shall be severed from this arbitration provision, and such class action shall be exempted from this arbitration provision and brought in court. This arbitration provision may be enforced in any court of competent jurisdiction.
LIMITATION OF LIABILITY
To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Except as otherwise provided herein, your use of the Vissla Alerts and the services under this agreement is governed by the laws of the State of California.
If any term of these SMS Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.
MODIFICATIONS TO THESE SMS TERMS
We reserve the right to modify these SMS Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment in or use of Vissla Alerts shall be deemed to constitute acceptance by you of such modifications, additions or deletions.