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Terms of ServiceUpdated 7 days ago

  1. Introduction
    Thank you for visiting PocketHose.com. Please read these Terms of Service and our Privacy Policy carefully, as you must agree to both documents in order to use our Service.
  2. Definitions
    Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
    • “Agreement” refers to these Terms of Service;
    • “Pocket Hose” refers to our company, known as “PocketHose.com”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
    • “Service” refers to the services that we provide through our Site, including our Site itself;
    • “Site” refers to our website, www.pockethose.com;
    • “User” refers to anyone who uses our Service, including general visitors to our Site;
    • “You” refers to you, the person who is entering into this Agreement with Pocket Hose.
  3. What Pocket Hose Offers
    Pocket Hose is a consumer e-commerce website for innovative or hard-to-find products that solve everyday problems. There’s a product here for just about everyone and we welcome all consumers to browse and visit us daily for the new additions to Pocket Hose selection.
  4. Eligibility
    In order to use our Service, you must meet a number of conditions, including but not limited to:
    • You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Pocket Hose, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
    • You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
    • You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
  5. Rules of Use
    You must not:
    • Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
    • Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Pocket Hose.
    • Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
    • Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Pocket Hose Site, Service, or its Users’ computers.
    • Do anything else which could bring Pocket Hose into disrepute or violate the rights of any person.
  6. Payment, Refunds, and Pricing
    Payment can be made by means of Visa, MasterCard, Discover Card, American Express, or PayPal. Unless otherwise stated, all prices are listed in United States dollars.

    Our Guarantee
    Thank you for shopping PocketHose.com. We believe in 100% customer satisfaction. Therefore, we will accommodate an exchange or refund of your purchase price (excluding discounts and shipping and handling charges). To conduct such an exchange or receive a refund, items must be returned to Pocket Hose in their original condition, within 30 days of receiving them. Refunds are issued using the same method of payment you used for the order. Products returned in original condition after 30 days of the receipt date will be issued a merchandise credit, equal to the original purchase price (excluding discounts, and shipping and handling charges) and may be used towards a future purchase at Pockethose.com.

    Return Information
    We are confident that the value and quality of our merchandise will meet, if not exceed, your expectations. If you are not completely satisfied within 30 days of your purchase, we promise a full merchandise refund, credit or exchange (shipping & handling charges are not refundable). Return labels are available at a cost of $9.99 (deducted from your refund), or you may choose a shipping service. We suggest a ground method that can be tracked (e.g., UPS ground/FedEx Ground/USPS Priority mail). To secure a return label, simply visit www.Pockethose.com and log into the “‘My Account” section. Select “My Orders” and use the “Return Label” link to view and print your return label.

    Exceptions to Return Policy
    Please do not return Intimate Apparel for a refund due to health and sanitary reasons. We will replace at no cost, any such item received in a defective state (i.e. ripped, torn, or broken).

    Consumable items (products that can be diminished or used up) are not returnable once they are opened. However, we will accept a return for any unused and unopened consumable item.

    DVDs and software products may only be exchanged in the event of a manufacturing defect.

    All returns must be in their original packaging along with all accessories, parts, and instruction manuals that were shipped with your original order. Our 30-day return policy starts from the day your order is received. The return package must be postmarked within 30 days of the date your order was delivered (regardless of what date the product was first used).

    Returns not meeting our return requirements may result in the loss of a refund or replacement. Such a return also will not be sent back to you.

    Refund Policy
    Once your return is received at the warehouse, it will be processed within up to 5 business days. Pocket Hose will not be responsible for loss or damage of return shipments. A refund will be issued to your original method of payment for the full purchase price, excluding shipping and handling and any separate fees. Refunds typically reflect in your account within 3-5 business days of receiving your returned item.

    Returns not meeting our return requirements may result the loss of a refund or replacement. Such a return also will not be sent back to you.

    Additional Terms
    Additional terms surrounding payments, pricing, and refunds may be published on our Site and are hereby incorporated into this Agreement by reference.
  7. Back Orders
    We will notify you of the expected ship date based on your chosen delivery service.
  8. Canceled Orders
    To change or cancel an order, please contact Pocket Hose customer support toll-free at 1-800-887-2717.

    For your convenience, hours are Monday thru Friday from 7:00 am to 12:00 am (EST) and Saturday thru Sunday 8:00 am to 8:00 pm (EST). Orders may be cancelled provided they are not being packaged for shipping or are in a shipped status.
  9. Shipping
    In order to qualify for free shipping, you must place at least $50 worth of products in your Shopping Cart, ship to a single address in the 48 contiguous United States and select our Value Shipping Option.

    Your order’s expected delivery date will be within 7 business days of placing your order. This applies only to orders of qualifying merchandise, excluding gift certificates and taxes. This offer excludes shipping to Alaska, Hawaii, US Territories, Canada, PO boxes, AFOs, APOs & FPOs.

    Certain heavy or oversize items may require additional shipping charges. Our Free Shipping offer is subject to change or end without notice.

    In-stock orders placed by 2:00 PM ET (Mon – Fri) will ship the same day. In stock orders placed after 2:00 PM ET (Mon – Fri) will ship the next business day.

    Our Standard Shipping charge is a flat fee of $5.99 and is applied to orders under $50. Your order’s expected delivery date will be within 7 business days of placing your order.

    Rush Shipping is $19.99 and is applied to all orders under $50. Your order’s expected delivery date will be within 3 business days of placing your order.

    Next Day Shipping is $29.99 and is applied to all orders under $50. Your order’s expected delivery will be the next business day after placing your order.

    Guaranteed delivery times are only for in-stock merchandise purchased with a credit card authorization.

    Pre-orders or backorders will ship as soon as product is available. You will not be billed for any order until it has shipped.

    For New Jersey and California residents, sales tax applies.

    A $10 shipping surcharge will be added to all orders shipped outside the 48 contiguous Unites States regardless of the Shipping Option chosen.

    For Canadian residents, provincial and federal sales taxes, or a Harmonized Sales Tax, as is applicable, will be charged. In placing an order with Pocket Hose and paying the amounts charged, you authorize Pocket Hose to contract with logistics providers to act as your agent in the shipment and importation of your order into Canada and, as part of your payment, to provide Pocket Hose with funds to facilitate the payment of applicable customs duties, brokerage fees, and PST/GST/HST on your behalf. Transfer of title and delivery of the merchandise ordered shall be freight on board, Pocket Hose’s warehouse in the USA.
  10. Chargebacks and PayPal Disputes
    Where a User conducts a chargeback or PayPal dispute against Pocket Hose, such User shall be liable to Pocket Hose for the full amount of the chargeback or PayPal dispute, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by Pocket Hose in the enforcement of its rights under this section.
  11. Our Copyright
    You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
  12. Your Copyright
    Pocket Hose must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
  13. Trademarks
    “Pocket Hose” is a trademark used by us, Pockethose.com, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website or business.
  14. Revocation of Consent
    We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
  15. Copyright & Trademark Infringement
    We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
    • Your name.
    • The name of the party whose copyright has been infringed, if different from your name.
    • The name and description of the work that is being infringed.
    • The location on our website of the infringing copy.
    • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
    • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
    You must sign this notification electronically and send it to our Copyright Agent at [email protected]

    Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
  16. Communications Decency Act
    Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our website by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at [email protected] if any of our Users have posted anything that you believe is defamatory.
  17. Representations & Warranties
    WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

    YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

    YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.

    YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

    THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

    For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

    IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
  18. Indemnity
    You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
  19. Choice of Law
    This Agreement shall be governed by the laws in force in the State of New Jersey. The offer and acceptance of this contract are deemed to have occurred in the State of New Jersey.
  20. Forum of Dispute
    You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of New Jersey. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the lowest civil court of competent jurisdiction in the State of New Jersey (“Small Claims Court”).

    If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.

    If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.

    You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.

    If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

    You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
  21. Force Majeure
    You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
  22. Severability
    In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

    If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Pocket Hose shall have the sole right to elect which provision remains in force.
  23. Non-Waiver
    Pocket Hose reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
  24. Termination & Cancellation
    We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

    Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
  25. Assignment of Rights
    You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
  26. Amendments
    We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time that you access our Service, and your continued use of our Service shall constitute your acceptance of any such amendments.
  27. California Users and Residents
    Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Pocket Hose must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to [email protected].

    Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Pocket Hose Text Club Mobile Terms and Conditions 

Program Description: Pocket Hose (“Pocket Hose”) is offering the Pocket Hose Text Club, a mobile alert program (the “Program”), subject to these Mobile Terms and Conditions (the “Terms”).  If you do not wish to continue participating in the Program or no longer agree to these Terms, you can reply “STOP” to any mobile message from Pocket Hose in order to opt out of the Program.

User Opt In: The Program allows users to receive SMS/MMS (“mobile”) alerts that include alerts, information, offers, and rewards by users affirmatively opting into the Program, such as by signing up online, at a point-of-purchase display, or by texting a keyword to Pocket Hose’s short code in response to a written or verbal call-to-action. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. The mobile messaging service used by Pocket Hose to communicate with you requires human intervention for Pocket Hose’s mobile messages to be initiated, and it does not have the capacity to randomly or sequentially generate telephone numbers.  Thus, Pocket Hose’s mobile messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”).  Nevertheless, by signing up to receive promotional messages from Pocket Hose, you agree to receive autodialed marketing mobile messages and you understand that consent is not required to make any purchase from Pocket Hose.  

Pocket Hose may also offer various applications or services that enable or incorporate transactional text messaging, including, but not limited to, one-to-one messaging, text-message receipts, and other informational alerts. By providing your mobile telephone number to Pocket Hose when presented with or informed of these Terms, you consent to receive non-marketing mobile  messages to the fullest extent permitted under applicable law, regardless of the technology utilized.

Users may also opt into receiving messages from Pocket Hose over Social Media Platforms, including, but not limited to, Facebook, WeChat, Telegram, LINE, Viber, and WhatsApp (collectively, “Social Media Platforms”). By consenting to communicate with Pocket Hose through a particular Social Media Platform when presented with these Terms, you agree that you are bound to these Terms, in addition to complying with the applicable Social Media Platform Provider’s Terms of Service.  

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

Contact Information: For support, text “HELP” to any Pocket Hose mobile message.

User Opt Out and Additional Commands: To opt out of receiving mobile messages, reply “STOP” to any mobile message you received from Pocket Hose on your mobile device.  This is the easiest and preferred method to opt out of receiving mobile messages through the Program. You may receive an additional mobile message confirming your decision to opt out. The Program may recognize or respond to additional commands and keyword queries.  Thus, you may receive additional informational text messages based on your interaction with the Program, even after opting out of receiving the Program’s recurring alerts.  You acknowledge and agree that, notwithstanding any prior opt-out attempt, you consent to receive further messages from or on behalf of Pocket Hose that result from  your continued communication with the Program. Pocket Hose may also provide you instructions on how to rejoin receiving the Program’s recurring mobile alerts when you unsubscribe.  You agree that you are subject to the Terms, including any modifications thereto then in effect, when you resubscribe to the Program through any of the available options to do so.  

MMS: The Program will send SMS MTs if your mobile device does not support MMS messaging.

Pocket Hose Warranty: Pocket Hose will not be liable for any delays or failures in the receipt of any messages connected with this Program. Delivery of messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Pocket Hose’s control. 

Privacy Policy: By participating in this Program, you acknowledge that you have reviewed and understand our Privacy Policy, and consent to the practices described in that policy.

Dispute Resolution: In the event that there is a dispute, claim or controversy between you and Pocket Hose, or between you and any third-party acting on Pocket Hose’s behalf in connection with the Program, arising out of or relating to federal or state statutory claims, common law claims, these Terms, Pocket Hose’s Privacy Policy, 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 determined by arbitration in Miami, Florida before one arbitrator. The arbitration will be administered by the American Arbitration Association (“AAA”). The Consumer Arbitration Rules of the AAA in effect at the time the arbitration is commenced shall apply. The arbitrator will apply the substantive law of Florida, exclusive of its conflict or choice of law rules. However, the parties agree that for any disputes arising under the Telephone Consumer Protection Act, the parties agree to apply the law as interpreted by the federal courts of the Eleventh Circuit. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms. Either party may commence arbitration by providing the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested (“Arbitration Demand”).

To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby. 

The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.  Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.

Miscellaneous: You warrant and represent to Pocket Hose 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 these Terms 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 these Terms unless explicitly stated otherwise in writing. Pocket Hose reserves the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms 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 these Terms, as modified. You further warrant and represent that you will not provide to Pocket Hose any telephone number that is not assigned to you, and that if you obtain a new telephone number, you will promptly notify Pocket Hose that your prior telephone number is no longer assigned to you.

Last Modified: April 17, 2025

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