Terms Of Service

Terms of Service

Last updated: July 18, 2026

Welcome to ACROM. These Terms of Service (“Terms”) govern your access to and use of tryacrom.com and getacrom.com, including any related pages, content, features, communications, and services we provide (collectively, the “Site”), and your purchase or use of any ACROM products (“Products”).

This Policy applies to purchases made through tryacrom.com and getacrom.com, each owned and operated by Blue Oak Capital LLC d/b/a ACROM.

The Site is owned and operated by Blue Oak Capital LLC d/b/a ACROM (“ACROM,” “we,” “us,” or “our”).

By accessing the Site, creating an account, placing an order, enrolling in a subscription, or using a Product, you agree to be bound by these Terms and our Privacy Policy, Shipping Policy, Refund/Return Policy, and Subscription Policy, each of which is incorporated into these Terms by reference.

California residents may have additional rights under the California Consumer Privacy Act and California Privacy Rights Act (“CCPA/CPRA”), including the right to opt out of the sale or sharing of personal information. Please review our Privacy Policy and, where available, our “Your Privacy Choices” or “Do Not Sell or Share My Personal Information” mechanism for details and instructions.

These Terms contain a binding arbitration agreement, class action waiver, jury trial waiver, and limitation on the time in which certain claims may be brought. These provisions affect your legal rights. Please read these Terms carefully.

If you do not agree to these Terms, you may not access the Site, purchase Products, or use our services.

1. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to purchase Products from us.

By using the Site or placing an order, you represent that:

  • You meet the applicable age requirement;

  • You have the legal capacity to enter into these Terms;

  • The information you provide is accurate, complete, and current; and

  • Your use of the Site and Products will comply with applicable law.

You may not purchase Products on behalf of another person without their authorization.

2. General Conditions

We reserve the right to refuse service, cancel orders, limit quantities, suspend accounts, or restrict access to the Site for any lawful reason, including suspected fraud, abuse, unauthorized resale, violation of these Terms, or conduct that may harm ACROM, our customers, or third parties.

You may not reproduce, duplicate, copy, sell, resell, commercially exploit, or misuse any portion of the Site or our Products without our prior written permission.

Headings used in these Terms are provided for convenience only and do not limit or otherwise affect their interpretation.

3. Products and Intended Use

ACROM sells cosmetics, dietary supplements, and related consumer products. Each Product must be used only for its stated purpose and in accordance with its label, packaging, directions, warnings, and accompanying materials.

Product descriptions, ingredient information, directions, warnings, and images are provided for general informational purposes. You are responsible for reviewing the Product label and packaging before use.

Do not use a Product if:

  • Its packaging or safety seal appears damaged, opened, altered, or tampered with;

  • The Product is expired;

  • You are allergic or sensitive to any listed ingredient;

  • A healthcare professional has advised you not to use it; or

  • Use would be inconsistent with the Product’s directions or warnings.

Products are intended for personal use unless we expressly authorize otherwise in writing. Unauthorized resale, relabeling, repackaging, alteration, dilution, or modification of any Product is prohibited.

4. Ingredient and Allergy Acknowledgment

By purchasing or using a Product, you acknowledge that it is your responsibility to:

  • Review the complete ingredient list and applicable warnings before use;

  • Determine whether the Product is appropriate for you;

  • Avoid any Product containing an ingredient to which you have a known allergy, intolerance, or sensitivity;

  • Follow all instructions and recommended-use directions; and

  • Consult an appropriate healthcare professional when necessary.

Ingredients that are generally well tolerated may still cause irritation, sensitivity, intolerance, or an allergic reaction in some individuals. Individual reactions are unpredictable, and past use of similar ingredients does not guarantee that you will not experience a reaction.

If you have known allergies, sensitive skin, a medical condition, take medication, are pregnant or nursing, or have concerns about an ingredient, consult a qualified healthcare professional before using the Product.

Stop using a Product promptly if you experience irritation, rash, swelling, discomfort, digestive symptoms, or another suspected adverse reaction. Seek appropriate medical attention when necessary.

Nothing in this section excludes or limits liability that cannot lawfully be excluded or limited.

5. Cosmetic Products

Certain ACROM Products, including shea butter, African black soap, and similar skincare or personal-care Products, are cosmetics intended for external topical use only unless the Product label expressly states otherwise.

Cosmetic Products are not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition.

Before fully applying a new cosmetic Product, we recommend testing a small amount on a limited area of skin and waiting a reasonable period to observe for irritation or sensitivity. A personal-use patch test is not a medical diagnosis and does not guarantee that a reaction will not occur during later use.

When using cosmetic Products:

  • Follow all label instructions;

  • Avoid contact with the eyes unless the Product is specifically intended for that area;

  • Do not apply to broken, severely irritated, or infected skin unless directed by a healthcare professional;

  • Keep Products out of reach of children;

  • Do not ingest Products intended only for external use; and

  • Discontinue use if irritation, redness, burning, swelling, or another adverse reaction occurs.

Skin type, sensitivity, environmental conditions, frequency of use, use with other products, and other individual factors may affect results. Results vary, and we do not guarantee any particular cosmetic, skincare, or appearance-related outcome.

6. Dietary Supplements

Certain ACROM Products are dietary supplements. Dietary supplements are not substitutes for a varied diet, healthy lifestyle, professional medical care, or medication prescribed by a qualified healthcare provider.

These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.

Before using a dietary supplement, consult a qualified healthcare professional if you:

  • Have a medical condition;

  • Have a known allergy or sensitivity;

  • Take prescription or over-the-counter medication;

  • Take other dietary supplements;

  • Are pregnant, attempting to become pregnant, or nursing;

  • Are preparing for surgery;

  • Are under medical supervision; or

  • Have any concern regarding whether the Product is appropriate for you.

Use dietary supplements only as directed on the Product label. Do not exceed the recommended serving or combine Products in a manner that may result in excessive consumption of the same or similar ingredients.

Unless expressly stated otherwise on the Product label, dietary supplements are intended for adult use and should be kept out of reach of children.

Individual experiences may vary based on age, diet, health status, medication use, lifestyle, consistency of use, and other factors. We do not guarantee that any dietary supplement will produce a particular result.

Stop using a Product and seek appropriate medical advice if you experience a suspected adverse reaction.

7. Assumption of Ordinary Product Risks

You acknowledge that cosmetics and dietary supplements may affect individuals differently and may involve ordinary risks even when properly manufactured and used as directed. These ordinary risks may include temporary irritation, sensitivity, digestive discomfort, dissatisfaction with results, or interactions based on an individual’s health, allergies, medications, or use of other products.

By voluntarily purchasing or using a Product, you accept the ordinary and reasonably foreseeable risks associated with using that type of Product as directed.

You remain responsible for reviewing Product information, following directions, considering your personal circumstances, and seeking professional guidance when appropriate.

This assumption-of-risk provision does not apply to, and is not intended to waive, rights or remedies that cannot legally be waived, including claims arising from conduct for which liability cannot lawfully be excluded.

8. No Medical Advice

Information provided through the Site or in connection with ACROM—including product descriptions, articles, advertisements, emails, text messages, social media content, customer-support communications, testimonials, reviews, and other materials—is provided for general informational and educational purposes only.

It is not medical advice and is not intended to:

  • Diagnose a medical condition;

  • Recommend a medical treatment;

  • Replace professional healthcare advice;

  • Replace prescribed medication; or

  • Create a healthcare-provider relationship.

Always seek advice from a qualified healthcare professional regarding medical conditions, symptoms, medications, dietary supplements, skincare concerns, allergies, or treatment decisions.

Never disregard or delay professional medical advice because of information associated with ACROM. In an emergency, contact emergency services or an appropriate healthcare provider immediately.

Customer-support representatives are not authorized to diagnose conditions, assess medical risk, recommend treatment, or determine whether a Product is medically appropriate for a particular person.

9. Product Information and Results

We make reasonable efforts to present Product descriptions, ingredients, quantities, packaging, colors, and images accurately. However:

  • Screens and devices may display colors differently;

  • Packaging or labeling may be updated;

  • Minor variations may occur between batches;

  • Product images may include staging, lighting, or props; and

  • Individual results and experiences may vary.

The packaging and label supplied with a Product control over any inconsistent description or image on the Site, except where applicable law provides otherwise.

Testimonials, reviews, photographs, videos, and examples represent individual experiences. They are not guarantees that you will achieve the same or similar outcome.

We may modify Product formulations, packaging, designs, or specifications when reasonably necessary, provided that we comply with applicable requirements.

10. Accuracy of Site Information

We strive to keep information on the Site accurate, complete, and current, but errors, omissions, or outdated information may occasionally occur.

Site content is provided for general information and should not be relied upon as the sole basis for medical, financial, legal, or other significant decisions.

We may correct errors, update information, or modify Site content at any time without prior notice. We are not required to update historical information unless applicable law requires otherwise.

11. Pricing, Promotions, and Order Acceptance

Prices, discounts, promotions, and availability may change without notice. Taxes and shipping charges may be added where applicable.

We reserve the right to correct typographical errors, inaccuracies, or omissions relating to:

  • Product descriptions;

  • Pricing;

  • Promotions;

  • Discounts;

  • Availability;

  • Shipping charges;

  • Subscription terms; or

  • Other order information.

Your submission of an order is an offer to purchase and does not require us to accept the order. An automated order confirmation only confirms that we received your order.

We may refuse, limit, or cancel an order before shipment for any lawful reason, including:

  • Incorrect pricing or Product information;

  • Product unavailability;

  • Suspected fraud or unauthorized payment activity;

  • Suspected resale or promotional abuse;

  • Orders exceeding applicable quantity limits;

  • Shipping restrictions; or

  • A violation of these Terms.

If we cancel an order after payment has been collected, we will refund the amount collected for the canceled portion of the order.

Promotions may be subject to additional conditions and may not be combined unless expressly stated. We may revoke promotions obtained through fraud, manipulation, duplicate accounts, unauthorized codes, or other abuse.

12. Accounts and Customer Information

You agree to provide current, complete, and accurate billing, shipping, contact, and account information.

You are responsible for maintaining the confidentiality of your account credentials and for activity occurring through your account. Notify us promptly if you believe your account or payment information has been accessed or used without authorization.

We are not responsible for delays, failed deliveries, or other problems caused by inaccurate or incomplete information you provide.

13. Subscriptions and Recurring Billing

By enrolling in a subscription, you authorize ACROM and our payment processors to charge your selected payment method at the price and frequency disclosed at enrollment, including applicable taxes and shipping charges, until you cancel.

Cancellation, renewal terms, pricing changes, and related details are governed by our Subscription Policy, which is incorporated into these Terms by reference.

14. Billing Concerns and Chargebacks

If you have a concern regarding a charge, subscription, shipment, damaged or incorrect Product, cancellation, or refund, please contact us first at support@tryacrom.com so we have a reasonable opportunity to investigate and resolve the issue.

You agree to provide accurate information and cooperate in good faith with reasonable requests related to the dispute.

This request to contact us first does not waive or restrict any non-waivable rights you may have under applicable law or payment-network rules.

We reserve the right to provide your bank, payment processor, card network, or other relevant provider with:

  • These Terms and incorporated policies;

  • Order and shipment records;

  • Subscription enrollment information;

  • Tracking or delivery confirmation;

  • Communications concerning the transaction; and

  • Other records reasonably relevant to a payment dispute.

Fraudulent chargebacks, false claims of non-receipt, return of substituted or altered items, abuse of promotional offers, or other intentional misuse may result in account restrictions, refusal of future service, or other lawful action.

15. Shipping and Delivery

Shipping and delivery estimates are provided in good faith but are not guarantees. Processing and delivery may be affected by carrier delays, weather, customs, inventory availability, incorrect address information, and other circumstances beyond our reasonable control.

You are responsible for providing a complete and accurate shipping address. We are not responsible for delays, failed delivery, or loss resulting from incorrect or incomplete information supplied by you.

Risk of loss and title to Products pass to you as provided by applicable law. Delivery records from the carrier, including tracking or delivery confirmation, may be used as evidence that an order was delivered.

If an order appears lost, damaged, incomplete, or incorrectly delivered, contact us promptly at support@tryacrom.com. Claims may be subject to reasonable reporting deadlines stated in our Shipping Policy or Refund/Return Policy, except where applicable law requires otherwise.

International customers are responsible for applicable customs duties, taxes, import restrictions, and other charges unless expressly stated otherwise. We do not guarantee that every Product may lawfully be imported into every jurisdiction.

16. Returns, Refunds, and Guarantees

Returns, refunds, replacements, cancellations, and any money-back guarantee are governed by our Refund/Return Policy, which is incorporated into these Terms by reference.

To qualify for a return, refund, replacement, or guarantee, you must comply with the applicable policy requirements, including any reasonable deadline, proof-of-purchase requirement, return instructions, or request for information regarding the issue.

We may deny a request where permitted by law if we reasonably determine that it involves:

  • Fraud or material misrepresentation;

  • Repeated or excessive abuse of our policies;

  • A Product that was altered, substituted, contaminated, or intentionally damaged;

  • A return containing a different item from the one purchased;

  • Unauthorized resale;

  • Failure to follow applicable return instructions; or

  • A request outside the stated eligibility period.

Nothing in these Terms or our policies limits any return, refund, warranty, or consumer right that cannot lawfully be limited.

17. Electronic Communications and Acceptance

By using the Site, placing an order, or contacting us electronically, you consent to receive records and communications from us electronically, including through email, account notices, and, where separately authorized, text messages.

Electronic communications satisfy any legal requirement that a communication be in writing to the extent permitted by law.

By selecting a button or checkbox indicating that you agree to these Terms, or by placing an order after being presented with notice of these Terms, you acknowledge that:

  • You had an opportunity to review these Terms and the policies incorporated into them;

  • You intend to enter into an electronic agreement;

  • Your electronic action has the same legal effect as a handwritten signature; and

  • You agree to be bound by the version of the Terms presented or made available at the time of the transaction.

Marketing emails and text messages are subject to separate consent and opt-out requirements. Consent to receive marketing communications is not a condition of purchase.

18. Modifications to the Site and Products

We may modify, suspend, replace, or discontinue any portion of the Site, service, feature, offer, or Product at any time, subject to applicable law.

We do not guarantee that any particular Product, feature, price, promotion, or content will remain available.

We will not be liable for a modification, suspension, or discontinuation except to the extent liability cannot lawfully be excluded or where we have already accepted payment for an obligation we are required to fulfill or refund.

19. Third-Party Services and Links

The Site may contain links to, integrations with, or access to services provided by third parties, including payment processors, shipping carriers, social-media platforms, analytics providers, and other websites.

We do not control and are not responsible for the availability, security, privacy practices, content, accuracy, products, or services of third parties.

Your use of a third-party service may be governed by that party’s own terms and policies. The inclusion of a third-party link or service does not constitute an endorsement unless expressly stated.

20. Reviews, Feedback, and Other Submissions

If you submit a review, photograph, video, testimonial, comment, suggestion, idea, or other content to us (“Submission”), you represent that:

  • You own or control the necessary rights to the Submission;

  • The Submission reflects your honest experience or opinion;

  • The Submission is accurate and not materially misleading;

  • The Submission does not infringe another person’s rights;

  • The Submission does not contain unlawful, defamatory, threatening, or harmful material; and

  • You have disclosed any material connection, incentive, or compensation where required.

You retain ownership of your Submission. However, you grant ACROM a nonexclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from the Submission in connection with our business, marketing, and operation of the Site, subject to applicable law and any separate agreement.

We are not required to publish, maintain, compensate you for, or respond to any Submission. We may remove or decline to use a Submission for any lawful reason.

21. Prohibited Uses

You may not use the Site, Products, or our content to:

  • Violate any applicable law or regulation;

  • Infringe intellectual-property, privacy, publicity, or other rights;

  • Submit false, misleading, fraudulent, or impersonating information;

  • Abuse promotions, returns, refunds, subscriptions, or payment disputes;

  • Introduce malware or harmful code;

  • Scrape, crawl, copy, or extract Site content through unauthorized automated means;

  • Interfere with the Site’s operation or security;

  • Attempt to obtain unauthorized access to an account, system, or data;

  • Resell, relabel, repackage, alter, dilute, counterfeit, or misrepresent our Products;

  • Use our Products or content to create a competing or counterfeit product;

  • Purchase Products for an unlawful or prohibited destination or person; or

  • Encourage or assist another person in engaging in prohibited conduct.

We may investigate suspected violations and take lawful action, including restricting access, canceling orders, preserving records, or cooperating with authorities.

22. Intellectual Property

The Site and its content—including the ACROM name, logos, trademarks, product names, designs, labels, packaging, photographs, videos, graphics, text, copy, and software—are owned by or licensed to ACROM and are protected by applicable intellectual-property laws.

We grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Site for personal, lawful, noncommercial purposes.

Unless we give prior written permission, you may not:

  • Copy, reproduce, modify, distribute, publish, or commercially exploit our content;

  • Use our trademarks, logos, product names, or branding;

  • Copy or imitate our labels, packaging, photography, or advertising;

  • Remove copyright, trademark, or proprietary notices;

  • Frame or mirror the Site;

  • Use our content to train, develop, or operate a commercial automated or artificial-intelligence system;

  • Register a domain, account, or identifier confusingly similar to our brand; or

  • Suggest that ACROM sponsors, approves, or is affiliated with you.

No rights are granted except those expressly stated in these Terms.

23. Sanctions and Trade Compliance

You may not purchase, receive, export, reexport, transfer, or use Products in violation of applicable trade, export-control, import, or economic-sanctions laws.

By placing an order, you represent that:

  • You are not prohibited or restricted from conducting the transaction under applicable law;

  • You are not purchasing on behalf of a prohibited or restricted person;

  • The Products will not be delivered, transferred, or resold to a prohibited destination or person; and

  • Your purchase and intended use comply with applicable import and export requirements.

We may refuse, suspend, or cancel an order where we reasonably believe completing it could violate applicable law or expose us or our service providers to legal or regulatory risk.

24. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, ITS CONTENT, OUR SERVICES, AND THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

EXCEPT FOR ANY EXPRESS WARRANTY PROVIDED ON A PRODUCT LABEL OR IN A SEPARATE WRITTEN WARRANTY, ACROM DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT:

  • The Site will always be available, uninterrupted, secure, or error-free;

  • Site information will always be complete or current;

  • A Product will be appropriate for every individual;

  • A Product will produce a particular outcome; or

  • All defects or errors will be corrected.

Some jurisdictions do not allow certain warranty disclaimers. In those jurisdictions, these disclaimers apply only to the maximum extent permitted by law.

Nothing in these Terms limits an express written warranty or a consumer right that cannot lawfully be waived.

25. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ACROM, BLUE OAK CAPITAL LLC, AND THEIR AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO:

  • The Site or its content;

  • Your purchase, possession, or use of a Product;

  • Your inability to use the Site or a Product;

  • Communications or interactions with ACROM;

  • Conduct or content of a third party; or

  • These Terms or any incorporated policy.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO A PRODUCT, TRANSACTION, THE SITE, OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO ACROM FOR THE PRODUCT OR TRANSACTION GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT THAT FIRST GAVE RISE TO LIABILITY.

These limitations apply regardless of the legal theory asserted and even if we were advised that damages were possible.

The limitations do not apply to liability that cannot lawfully be excluded or limited. Some jurisdictions do not permit certain exclusions or limitations, so portions of this section may not apply to you.

26. Force Majeure

We will not be responsible for a failure, interruption, or delay caused by events beyond our reasonable control, including:

  • Natural disasters or severe weather;

  • Fire, flood, or other emergencies;

  • War, terrorism, civil unrest, or government action;

  • Epidemics, pandemics, or public-health emergencies;

  • Labor disputes or shortages;

  • Carrier delays or transportation interruptions;

  • Customs or import/export delays;

  • Supply-chain disruptions or inventory shortages;

  • Utility, telecommunications, internet, hosting, or technology outages;

  • Cyberattacks not caused by our failure to use legally required safeguards; or

  • Any similar circumstance beyond our reasonable control.

Our affected obligations will be suspended for the duration of the event, and applicable performance estimates will be extended accordingly.

This section does not excuse obligations that applicable law does not permit us to suspend.

27. Time Limit for Bringing Claims

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE SITE, A PRODUCT, A TRANSACTION, THESE TERMS, OR AN INCORPORATED POLICY MUST BE FORMALLY FILED WITHIN ONE YEAR AFTER THE CLAIM FIRST ACCRUED.

A claim not filed within that period will be permanently barred.

The limitation period will be paused during any mandatory informal-resolution period required by Section 28.

This section does not apply where a shorter or longer period is required by applicable law, or where a contractual limitation period cannot lawfully apply to the type of claim asserted.

28. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT.

For purposes of these Terms, a “Dispute” means any dispute, claim, or controversy between you and ACROM arising out of or relating to:

  • These Terms or any policy incorporated into them;

  • The Site or its content;

  • A Product;

  • An order, subscription, payment, refund, shipment, or return;

  • Advertising or communications involving ACROM; or

  • The relationship between you and ACROM.

A. Informal Resolution

Before initiating arbitration, the party asserting a Dispute must send the other party an individual written notice describing:

  • The claimant’s name and contact information;

  • The relevant order or account information, if applicable;

  • The nature and factual basis of the Dispute;

  • The relief requested; and

  • The claimant’s personally signed certification that the information is accurate.

Notices to ACROM must be sent to support@tryacrom.com with the subject line “Legal Dispute Notice.”

The parties will attempt in good faith to resolve the Dispute for at least 60 days after a complete notice is received. This informal process is a prerequisite to arbitration unless applicable law prohibits requiring it.

B. Agreement to Arbitrate

If the Dispute is not resolved informally, it will be resolved through final and binding individual arbitration rather than in court, except as expressly provided below.

This arbitration agreement is governed by the Federal Arbitration Act and survives cancellation of an order, termination of a subscription, account closure, and termination of these Terms.

C. Arbitration Administrator and Rules

Arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules and applicable fee schedule, as modified by these Terms.

The arbitrator has exclusive authority to resolve the merits of a Dispute and issues regarding the interpretation, applicability, or enforceability of these Terms, except that a court may decide issues concerning the enforceability of the class action waiver or requests for public injunctive relief where applicable law requires court determination.

If AAA is unavailable or declines to administer the arbitration, the parties will attempt to agree on another nationally recognized arbitration provider. If they cannot agree, a court of competent jurisdiction may appoint an administrator or arbitrator.

D. Arbitration Procedure and Costs

The arbitration may be conducted through written submissions, by telephone or videoconference, or through an in-person hearing, as allowed under the applicable rules.

Unless the parties agree otherwise or the arbitrator determines another location is necessary, any in-person consumer hearing will take place in the county where you reside.

Payment of filing, administrative, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules and applicable law. ACROM will pay fees it is required to pay under those rules.

Each party will ordinarily bear its own attorneys’ fees and costs unless applicable law, the governing rules, or the arbitrator permits an award of fees or costs.

E. Individual Proceedings Only; Class Action Waiver

YOU AND ACROM AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY.

Neither party may bring or participate in a class, collective, consolidated, coordinated, mass, or representative action or arbitration, except to the extent a particular restriction cannot lawfully be enforced.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

F. Exceptions

Either party may:

  • Bring an eligible individual claim in small claims court;

  • Seek temporary or preliminary injunctive relief in court when necessary to preserve the status quo pending arbitration;

  • Seek relief in court to protect intellectual-property rights; or

  • Report a matter to a federal, state, local, or other governmental agency.

Nothing in these Terms prevents a government agency from investigating or pursuing relief within its authority.

A request for public injunctive relief that cannot lawfully be waived or arbitrated may proceed in court, but only after any arbitrable individual claims have been resolved, unless applicable law requires otherwise.

G. Arbitration Opt-Out

You may opt out of this arbitration agreement by emailing support@tryacrom.com within 30 days after your first purchase or the date you first agree to a materially revised version of this arbitration provision, whichever is later.

The notice must include:

  • Your full name;

  • The email address used for your order;

  • Your order number, if available; and

  • A clear statement that you are opting out of the arbitration agreement.

The opt-out notice must be personally submitted by you and apply only to you. Opting out of arbitration will not affect the remaining provisions of these Terms.

29. Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, FOR ANY DISPUTE THAT IS PERMITTED TO PROCEED IN COURT RATHER THAN ARBITRATION, YOU AND ACROM KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

This waiver does not apply where a jury-trial waiver cannot lawfully be enforced.

30. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Blue Oak Capital LLC, ACROM, and their affiliates, members, officers, directors, employees, agents, contractors, licensors, suppliers, and service providers from claims, liabilities, losses, damages, judgments, and reasonable attorneys’ fees arising from:

  • Your material breach of these Terms;

  • Your unlawful use of the Site;

  • Your infringement of another person’s rights;

  • Your Submission;

  • Your unauthorized alteration, relabeling, repackaging, resale, or misuse of a Product; or

  • Fraudulent or intentionally wrongful conduct by you.

This obligation does not require you to indemnify any party for that party’s own negligence, willful misconduct, or conduct for which indemnification cannot lawfully be required.

We may assume control of the defense of a covered claim, and you agree to reasonably cooperate. You may not settle a claim in a manner that imposes liability or obligations on us without our written consent.

31. Governing Law and Venue

These Terms and any Dispute will be governed by the laws of the State of Florida, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs the arbitration agreement.

Subject to Section 28, any court proceeding arising out of or relating to these Terms, the Site, or a Product must be brought in a state or federal court located in Broward County, Florida, and each party consents to personal jurisdiction and venue there.

This section does not deprive a consumer of protections that cannot lawfully be waived under the laws of the consumer’s jurisdiction.

32. Severability

If any provision of these Terms is held unlawful, invalid, or unenforceable, it will be enforced to the maximum extent permitted and, where necessary, severed without affecting the remaining provisions.

If a restriction in the class action waiver cannot be enforced as to a particular claim or remedy, that claim or remedy will be severed and may proceed in court while any remaining arbitrable claims proceed in individual arbitration, unless applicable law requires a different result.

33. Waiver and Assignment

Our failure to enforce a provision of these Terms is not a waiver of that provision or our right to enforce it later.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, financing, or transfer of the business, subject to applicable law.

34. Entire Agreement

These Terms, together with the Privacy Policy, Shipping Policy, Refund/Return Policy, and Subscription Policy, and any other policy or terms expressly incorporated by reference, constitute the entire agreement between you and ACROM regarding the Site, Products, and transactions covered by these Terms.

They replace prior or contemporaneous understandings, representations, communications, or agreements concerning the same subject matter.

If additional terms are presented for a particular Product, promotion, subscription, or service, those additional terms will control only to the extent of a direct conflict regarding that specific offering.

35. Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, Products, practices, services, or legal obligations.

The revised Terms will be posted on the Site with an updated “Last updated” date. Any notice or renewed consent required by applicable law will be handled in accordance with applicable law.

Changes will apply prospectively from their effective date. Material changes to the arbitration provision will not apply retroactively to a Dispute of which we had actual written notice before the change became effective, unless the parties agree otherwise.

Your continued use of the Site after revised Terms become effective constitutes acceptance where permitted by law. The Terms presented and accepted at the time of a transaction will govern that transaction unless applicable law or a valid later agreement provides otherwise.

36. Contact Information

Questions regarding these Terms may be sent to:

ACROM
Blue Oak Capital LLC
8 The Green, Suite B
Dover, Delaware 19901
United States

Email: support@tryacrom.com

For returns, contact support@tryacrom.com for instructions before sending a Product back.