Terms of service

Last updated August 26, 2026

ARBITRATION AND CLASS ACTION WAIVER

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST INTELLIGENT.

THEY AFFECT YOUR LEGAL RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION (SECTION 18) BELOW.

BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED IN THAT SECTION. PLEASE READ IT CAREFULLY.

1. OVERVIEW

This website is operated by Intelligent Elephant, LLC dba Intelligent. Throughout the site, the terms “we”, “us” and “our” refer to Intelligent Elephant, LLC dba Intelligent (“Intelligent”). Intelligent 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”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service 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 of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service.

Our store is hosted on Shopify Inc. They provide us with 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 of Service, 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 or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your account and ability to purchase on intelligent.shop, and your use of the Service or any related website.

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, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

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

4. PRODUCTS OR SERVICES (if applicable)

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 as accurately as possible the colors and images of our products that appear at the store. 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 or 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.

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 thereof) without notice at any time.

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

6. ACCURACY, ERRORS AND OMISSIONS

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, necessarily, is not current and is provided for your reference only. You agree that it is your responsibility to monitor changes to our site.

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.

7. ACCURACY OF 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/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.

Third-Party Payment Processors: Intelligent uses third-party payment processors to process transactions. We are not responsible for payment processing errors, delays, disputes, or unauthorized transactions caused by these third parties. Any billing issues related to third-party payment providers must be resolved directly with the provider.

For more detail, please review our Refund Policy.

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 the 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 carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.

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

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Ownership of Content and Materials

All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (“Content”) included on this website are the property of Intelligent or its Content suppliers and are protected by United States and international copyright laws.

9.2 Trademark Ownership

Intelligent trademarks, service marks, trade names, and trade dress, including the Intelligent name and logo, may not be used in connection with any product or service that is not related to Intelligent, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Intelligent.

9.3 Limited License and Prohibited Use

You are granted a limited, non-exclusive, non-transferable license to access and make personal, non-commercial use of this website. This license explicitly excludes, without limitation, any right to:

  • Reproduce, duplicate, copy, sell, resell, or otherwise exploit this website or any Content for any commercial purpose;
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content, website design, or software;
  • Use any robot, spider, scraper, or other automated means to access the website or Content.

9.4 Infringement and Remedies

Any unauthorized use of the Content or violation of these Intellectual Property Rights may subject you to civil or criminal penalties, and Intelligent reserves the right to terminate your account and seek all available legal and equitable remedies, including injunctive relief and monetary damages, for any such infringement.

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, 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 are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

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 cannot ensure the accuracy of user-generated comments, feedback, or other submissions, and such content does not constitute a representation of our marketing or an endorsement by us. 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. To view our Privacy Policy, click here.

12. WEBSITE ACCESSIBILITY & ADA COMPLIANCE

Website Accessibility: Intelligent is committed to providing a website experience that is accessible to individuals with disabilities.

If you require accommodations to access our website or have difficulty using any features, please contact us at [email protected] with:

  • A detailed description of the issue.
  • The web page(s) where the problem occurred.
  • The preferred assistive technology you are using (e.g., screen reader, magnifier).

We will respond within five (5) business days and work to improve accessibility.

13. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, 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 Intelligent, nor its members, owners, managers, officers, directors, employees, agents, affiliates, parent companies, sister companies, fulfillment providers, suppliers, manufacturers, laboratories, payment processors, assigns, contractors, interns, services 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. This absolute limitation of liability explicitly encompasses, without limitation, any and all claims, demands, or causes of action arising out of or relating to product liability, personal injury, bodily injury, death, wrongful death, survival claims, failure to warn, design defect, manufacturing defect, negligence, strict liability, consumer-protection claims, advertising or labeling claims, subscription or recurring billing claims, and SMS, text message, or email marketing claims, ADA claims, as well as, 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 the 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 Intelligent harmless, alongside its members, owners, managers, officers, directors, employees, agents, affiliates, parent companies, sister companies, fulfillment providers, suppliers, manufacturers, laboratories, payment processors, successors, assigns, partners, contractors, licensors, service providers, subcontractors, and interns, 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or any claims resulting directly or indirectly from your use, misuse, or alteration of the Service or products.

16. 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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 of Service, we also may 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 accordingly may deny you access to the Services (or any part thereof).

17. GOVERNING LAW

These Terms of Service and any agreements for purchases shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to conflict of laws principles.

By agreeing to these Terms of Service, you expressly waive the application of any consumer protection laws outside the State of Idaho. The laws of other states, federal consumer statutes, or international laws shall not apply to any claims arising from this agreement.

The parties agree that the exclusive jurisdiction and venue for the resolution of any dispute arising from or relating to this Agreement shall lie in the District Court for the State of Idaho, sitting in Ada County, Idaho. Idaho law shall govern the dispute. Each party irrevocably consents to the service of process in any such dispute if served in accordance with the notice provisions contained herein.

Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Intelligent products) must be commenced within one (1) year after the claim or cause of action arises.

Intelligent may assign its rights and duties under this Agreement to any party at any time without notice to you.

18. DISPUTE RESOLUTION – MANDATORY ARBITRATION & CLASS ACTION WAIVER

PLEASE READ THE FOLLOWING SECTION CAREFULLY, WITH LIMITED EXCEPTION, IT REQUIRES YOU TO ARBITRATE DISPUTES WITH INTELLIGENT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE, ACCESS TO OR USE OF INTELLIGENT’S PRODUCTS, PURCHASES FROM INTELLIGENT, THE USE OF YOUR INFORMATION BY OR FOR INTELLIGENT, AND ANY ASPECT OF YOUR RELATIONSHIP OR INTERACTIONS WITH INTELLIGENT ARE SUBJECT TO THESE DISPUTE RESOLUTION TERMS, UNLESS YOU OPT OUT OR AN EXCEPTION APPLIES.

WITH LIMITED EXCEPTION, YOU AND INTELLIGENT MAY NOT SUE IN COURT, HAVE A TRIAL BY JURY, OR PARTICIPATE IN A CLASS ACTION. YOU AND INTELLIGENT AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, UNLESS OTHERWISE PROVIDED IN THESE TERMS. INTELLIGENT AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE ON AN INDIVIDUAL BASIS.

THIS SECTION 18 OF THESE TERMS OF SERVICE SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

18.1 Binding Arbitration Agreement

By purchasing products from Intelligent, using this website, or engaging with our products or services, you and we agree that any disputes, claims, or controversies between you and Intelligent of any nature, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, as permitted by law, arising out of or relating to your purchase, use of our products, website, or services, including, but not limited to, the receipt of any calls or text messages (“Disputes”), shall be resolved exclusively through binding arbitration. Except for Disputes that are properly asserted in small-claims court (provided that the small claims court does not permit class or similar representative actions or relief), all Disputes will only be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

  • Arbitration shall be administered by a single arbitrator of the American Arbitration Association (AAA) under its Consumer Arbitration Rules. A copy of the AAA’s Consumer Arbitration Rules is available on the AAA’s website.
  • Arbitration shall take place in Boise, Idaho, or another mutually agreed-upon location.
  • This Arbitration Agreement affects interstate commerce, and the Federal Arbitration Act (FAA) governs the enforceability of this Arbitration Agreement.
  • The arbitrator shall have exclusive authority to resolve any disputes related to the arbitrability, scope, enforceability, or validity of this agreement.

An arbitrator may award on an individual basis any relief that would be available in court, including injunctive or declaratory relief and attorneys’ fees. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we may seek an award of our legal fees or costs against you and/or your counsel. This Arbitration Agreement authorizes the arbitrator to award fees or other sanctions against your counsel. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim. The arbitrator shall have no authority to award punitive, exemplary, or other non-compensatory damages. Each party irrevocably waives any right to recover such damages in arbitration. The arbitrator is empowered to award only compensatory damages. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims.

If you or Intelligent submits a Dispute to arbitration, you and Intelligent agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Intelligent agree to seek such protection before any such information, document, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

18.2 Informal Dispute Resolution

For any and all Disputes you have, you must first give us an opportunity to resolve your Dispute by sending a written description of your Dispute by certified mail to Intelligent Elephant, LLC, 2145 E. Pine Avenue, Meridian, Idaho 83642, ATTN: Intelligent Legal Department, (“Notice of Dispute”). You may be represented by an attorney or other person in that process. However, if you choose to be represented by an attorney or other person, you must submit with your Notice of Dispute a signed, written authorization allowing us to discuss your Dispute with your attorney or other representative.

Your Notice of Dispute must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; (3) information sufficient for Intelligent to identify any transaction at issue; and (4) a detailed description of your Dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice of Dispute. You and Intelligent agree to negotiate in good faith about the dispute in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding (the “Informal Resolution Period”). Should Intelligent request a telephone conference with you in an effort to resolve your Dispute as part of this Informal Resolution Period, you agree to personally participate (with your counsel if you are represented). This process should result in resolution of the dispute, but if for some reason it is not resolved within sixty (60) days after receipt of a fully completed Notice of Dispute and the parties have not agreed to extend this time period, you or Intelligent may initiate an arbitration. Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless you certify in writing that you have fully complied with this process. This certification shall be personally signed by you. A court shall have the authority to enjoin the filing or prosecution of any arbitration commenced without first providing a fully completed Notice of Dispute and participating in good faith in this informal dispute resolution process.

If we are unable to resolve your claim within sixty (60) days despite those good faith efforts, then either you or we may start arbitration. To begin arbitration, you must send a letter by certified mail requesting arbitration and describing your claim to the following address: Intelligent Elephant, LLC, 2145 E. Pine Avenue, Meridian, Idaho 83642, ATTN: Intelligent Legal Department and to the AAA. Instructions for filing a demand for arbitration with the AAA are available on the AAA website or by calling the AAA at 800-778-7879.

18.3 Waiver of Class Actions & Jury Trial

WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”). YOU AND WE EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION).

To the extent permitted by law, each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.

By agreeing to arbitration, you understand that:

  • You waive any right to participate in a class action, collective action, or representative action.
  • You waive your right to a jury trial.
  • You may only bring claims against Intelligent in your individual capacity.

By agreeing to arbitration, both parties acknowledge and agree that this arbitration clause is fair, reasonable, and mutually beneficial. Both parties expressly waive any claim that this Arbitration Agreement is unconscionable, unenforceable, or unfair.

Neither you nor Intelligent shall be entitled to seek public injunctive relief - relief that would benefit the general public rather than primarily you or Intelligent individually - in arbitration. Any claim for public injunctive relief may be adjudicated only in a court of competent jurisdiction in Ada County, Idaho.

If a court determines that any portion of the class action waiver is unenforceable with respect to a particular claim, that claim shall be severed and resolved in a court of competent jurisdiction in Ada County, Idaho, without affecting the enforceability of the arbitration provision as to all remaining claims.

18.4 Opt-Out Option

If you do not wish to be bound by this arbitration agreement, you must send a signed, written, opt-out request via certified mail, return receipt requested, to Intelligent Elephant, LLC at 2145 E. Pine Avenue, Meridian, Idaho 83642 and email a copy to [email protected] within thirty (30) days of your first purchase.

19. ENTIRE AGREEMENT; NO WAIVER

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes 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 the Terms of Service).

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

20. BINDING EFFECT; SUCCESSORS AND ASSIGNS

These Terms of Service, including all disclaimers, limitations of liability, arbitration agreements, and indemnification obligations, shall be binding upon and inure to the benefit of the parties hereto and your respective heirs, estate, beneficiaries, legal representatives, executors, administrators, successors, assigns, and anyone claiming through or on behalf of you. Your agreement to these Terms binds your estate and representatives to the same extent you are bound.

21. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

22. SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

Intelligent (hereinafter, “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 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” section 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.

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, including recurring SMS/text messages from and on behalf of Intelligent 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. You understand that you do not have to sign up for the Program in order to make any purchases, and your consent is not a condition of any purchase with Intelligent. Your participation in the Program is completely voluntary. Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you may opt out at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us or click the unsubscribe link (where available) in any text message. 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 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.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of personal care products. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

Cost and Frequency: We do not charge for the Program, 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. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages or email [email protected]. 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.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Additional information regarding our privacy practices can be found here — Privacy Policy.

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. To the extent permitted by applicable law, we will not be liable for any delays, failures, or misdirected delivery of any mobile messages connected with this Program, any errors of such information, and/or any action you may or may not take in reliance on the information or Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. The wireless carriers supported by the Program are not liable for delayed or undelivered mobile messages. If you get a new mobile number, you will need to sign up for the Program with your new number. We may change any short code or telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including 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. Message frequency varies.

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.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform 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 Platform, 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 Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. 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.

23. CHANGES TO TERMS OF SERVICE

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

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Any material updates or changes to these Terms will be communicated to you via email. 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 of Service constitutes acceptance of those changes.

24. MISCELLANEOUS

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms of Service and perform your obligations hereunder, and nothing contained in these Terms of Service 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 of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.

25. CONTACT

For more information about these Terms of Service, including legal inquiries, if you have questions, or if you would like to make a complaint, you can reach us for support at intelligent.shop/pages/contact, contact us at [email protected], or by mail using the details provided below:

Intelligent Elephant, LLC
2145 E. Pine Avenue
Meridian, Idaho 83642
USA