Terms and Conditions
Stunner Terms and Conditions ("Agreement")
How Our Service Works
Stunner of the Month is a monthly membership society providing its members with access to a comprehensive library of sunglasses aka “Stunners”. Currently, we offer one type of membership plan at one price level, (nine US dollars). In exchange for being billed (nine US dollars) per month, members receive 1 (one) pair of “Stunners” via U.S. Postal Service once a month.
Below is a general description concerning the operation of our service:
We utilize the U.S. Postal Service to send out our Stunners every month. As such, we ship out our Stunners twice a month, on the 12th and 28th of every month, but members only receive one pair of Stunners per month. In the case the 12th and 28th happens to fall on a day the USPS does not deliver mail, shipments will be made the day before. At present, we send you an email letting you know when we have shipped your next pair of Stunners to the email address you have provided in your membership registration. You must notify Stunner of the Month within 30 days of the date of your order if you believe any part of your purchase is missing, incorrect or damaged. Shipping arrival dates are estimates only. Should you change or cancel your email address, you must provide Stunner of the Month with a new address. Stunner of the Month is not responsible for pricing, typographical, or other errors on its website, or in any offer by Stunner of the Month and reserves the right to cancel any orders resulting from such errors.
* Ongoing Membership
Your Stunner of the Month membership will continue in effect unless and until you cancel/deactivate your account or we terminate it. You may cancel /deactivate your membership to Stunner of the Month at anytime, and cancellation/deactivation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY CANCELLATIONS/DEACTIVATIONS THAT TAKE PLACE ON YOUR NEXT BILLING DATE. To cancel, click the words "Cancel my Account" or “Deactivate my Account” on the "Your Account" page. We reserve the right to terminate your account for any or no reason.
Disclosure of Personal Information
Except as otherwise disclosed to you, we will not sell, rent or disclose your personal information to third parties without notifying you of our intent to share the personal information in advance and giving you an opportunity to prevent your personal information from being shared.
We use other companies, agents or contractors to perform services on our behalf. For example, we have partnered with other companies to personalize and optimize our Web pages, process credit card transactions, collect debts, analyze and enhance data, including customers' interaction with our site, and process consumer surveys. We also provide postal addresses to the U.S. Post Office for delivery purposes. In the course of providing such services, these other companies may have access to your personal information. These companies are not permitted to use your personal information except for the purpose of providing the services we request of them.
From time to time, we may partner with companies whose products we believe will interest our users. In conjunction with these partners, we may send promotional announcements and/or serve web-based advertisements to our customers on their behalf. You can go to the Email Subscriptions page under Your Account and request that your name be excluded from these mailings for our marketing partners. In addition, we may offer joint promotions or programs that, in order for participation, will require personal information be shared with third parties. In such instances, you will be provided with notice of the sharing prior to your decision to participate.
Stunner of the Month takes information security very seriously and uses reasonable administrative, technical and managerial measures to protect your personal information from unauthorized access. For example, we utilize Secure Sockets Layering, an industry-standard protocol for certain of your transmissions to us, in order to encrypt the personal information that you send to us through the registration and sign up process. We store your email address and payment method information in an encrypted form.
You are responsible for maintaining the confidentiality of your account information and for restricting access to your computer or mobile device through which you access your Stunner of the Month account. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Stunner of the Month Web site.
Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your personal information and cannot assume liability for improper access to it. By using this Web site, or providing personal information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this site.
Use of Information Submitted
Stunner of the Month, Inc., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Stunner of the Month ("Contact Us"), including responses to questionnaires or through postings to the Stunner of the Month website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Stunner of the Month website or other websites. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Stunner of the Month does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Stunner of the Month. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Stunner of the Month and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
From time to time, we test various aspects of our service, including service levels, plans, promotions, features, Stunner availability, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
By using the Stunner of the Month service, you consent to receiving electronic communications from Stunner of the Month. These communications will include notices about your account (e.g., shipping e-mails and information relating to features on the website) and information concerning or related to our service. These communications are part of your relationship with Stunner of the Month and you receive them as part of the Stunner of the Month membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
If you need assistance with your account, you may find answers and reach Customer Service at any time here, where you will find the answers to many frequently asked questions and information on reaching Customer Service Representative. By clicking on the “Contact Us” link, you can leave your message for a customer representative to receive.
Limitations on Use
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Links and Pages
Limitations on Liability
Stunner of the Month does not accept liability beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, or loss of business. Except as expressly provided herein, the company will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. You agree that for any liability related to the purchase of product, Stunner of the Month is not liable or responsible for any amount of damages above the amount invoiced for the applicable product. Notwithstanding anything in this agreement to the contrary, the remedies set forth in this contract shall apply even if such remedies fail their essential purpose.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and Stunner of the Month, its agents, employees, principals, successors, assigns, and/or affiliates arising from or relating to this contract, its interpretation, or the breach, termination or validity thereof, the relationships which result from this contract (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this agreement), Stunner of the Month's advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its code of procedure then in effect. The arbitration will be limited solely to the dispute or controversy between you and Stunner of the Month. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
The contract signed with Stunner of the Month shall be governed by and construed in accordance with the laws of the State of California. Please contact Stunner of the Month with any concerns or complaints. Stunner of the Month is committed to the informal resolution of any disputes arising from this contract.