Terms & Conditions
SECTION
1 - 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 Services.
SECTION 2
- 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.
SECTION 3
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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. We reserve
the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4
- 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.
SECTION 5
- 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 Return 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 anytime without notice, at
the sole discretion of us. 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.
SECTION 6
- 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 e‑mail 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.
For more detail, please review our Returns Policy.
SECTION 7
- OPTIONAL TOOLS
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.
SECTION 8
- THIRD-PARTY LINKS
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 should be directed to the third-party.
SECTION 9
- 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 e‑mail 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 take no responsibility and assume
no liability for any comments posted by you or any third-party.
SECTION
10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our
Privacy Policy. To view our Privacy Policy.
SECTION
11 - ERRORS, INACCURACIES AND OMISSIONS
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.
SECTION
12 - 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.
SECTION
13 - 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 Built by Nature, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service 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, 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.
SECTION
14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Built by Nature and our
parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers, interns
and employees, harmless 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.
SECTION
15 - 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.
SECTION
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 our Services (or any part thereof).
SECTION
17 - ENTIRE AGREEMENT
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.
SECTION
18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of
United States.
SECTION
19 - 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.
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.
SECTION
20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
SMS/MMS MOBILE
MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Built by Nature (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 [Insert URL Link to your 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.
1. 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 at the phone number associated with your opt-in, and
you understand that consent is not required to make any purchase from Us. While
you consent to receive messages sent using an autodialer, the foregoing shall
not be interpreted to suggest or imply that any or all of Our mobile messages
are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).
Message and data rates may apply. Message frequency varies.
2. User Opt Out: If
you do not wish to continue participating in the Program or no longer agree to
this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to
any mobile message from Us in order to opt out of the Program. 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 acknowledge that our text message platform may not recognize
and respond to unsubscribe requests that alter, change, or modify the STOP,
END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different
spellings or the addition of other words or phrases to the command, and agree
that Built by Nature and its service providers will have no liability for failing to
honor such requests. 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.
3. Program
Description: Without limiting the scope of the Program, users that opt into the
Program can expect to receive messages concerning the marketing, promotion,
payment, delivery and sale of [Describe company’s goods/service offerings -
this should be broad and general to encompass any type of message you may send.
Messages outside of this scope may not be allowed under the TCPA]. Messages may
include checkout reminders.
4. Cost and
Frequency: Message and data rates may apply. You agree to receive messages
periodically at Our discretion. Daily, weekly, and monthly message frequency
will vary. The Program involves recurring mobile messages, and additional
mobile messages may be sent periodically based on your interaction with Us.
5. Support
Instructions: For support regarding the Program, text “HELP” to the number you received
messages from or email us at [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.
6. MMS Disclosure:
The Program will send SMS TMs (terminating messages) if your mobile device does
not support MMS messaging.
7. 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.
We will not be liable for any delays or failures in the receipt of any mobile
messages connected with this Program. Delivery of mobile messages is subject to
effective transmission from your wireless service provider/network operator and
is outside of Our control. Carriers are not liable for delayed or undelivered
mobile messages.
8. 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.
9. 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.
10. 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 (“HITEC” Act); and - Any other content that is
prohibited by Applicable Law in the jurisdiction from which the message is
sent.
11. Dispute
Resolution: In the event that there is a dispute, claim, or controversy between
you and Us, or between you and Stodge Inc. d/b/a Postscript or any other
third-party service provider acting on Our behalf to transmit the mobile messages
within the scope of the Program, arising out of or relating to federal or state
statutory claims, common law claims, this Agreement, or the breach,
termination, enforcement, interpretation or validity thereof, including the
determination of the scope or applicability of this agreement to arbitrate,
such dispute, claim, or controversy will be, to the fullest extent permitted by
law, determined by arbitration in American Fork, Utah before one arbitrator. The parties agree to submit the dispute
to binding arbitration in accordance with the Commercial Arbitration Rules of
the American Arbitration Association (“AAA”) then in effect. Except as
otherwise provided herein, the arbitrator shall apply the substantive laws of
the Federal Judicial Circuit in which Built by Nature’s principle place of business is located,
without regard to its conflict of laws rules. Within ten (10) calendar days
after the arbitration demand is served upon a party, the parties must jointly
select an arbitrator with at least five years’ experience in that capacity and
who has knowledge of and experience with the subject matter of the dispute. If
the parties do not agree on an arbitrator within ten (10) calendar days, a
party may petition the AAA to appoint an arbitrator, who must satisfy the same
experience requirement. In the event of a dispute, the arbitrator shall decide
the enforceability and interpretation of this arbitration agreement in
accordance with the Federal Arbitration Act (“FAA”). The parties also agree
that the AAA’s rules governing Emergency Measures of Protection shall apply in
lieu of seeking emergency injunctive relief from a court. The decision of the
arbitrator shall be final and binding, and no party shall have rights of appeal
except for those provided in section 10 of the FAA. Each party shall bear its
share of the fees paid for the arbitrator and the administration of the
arbitration; however, the arbitrator shall have the power to order one party to
pay all or any portion of such fees as part of a well-reasoned decision. The
parties agree that the arbitrator shall have the authority to award attorneys’
fees only to the extent expressly authorized by statute or contract. The
arbitrator shall have no authority to award punitive damages and each party
hereby waives any right to seek or recover punitive damages with respect to any
dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION
PROCEEDING. Further, unless both parties agree otherwise in a signed writing,
the arbitrator may not consolidate more than one person’s claims, and may not
otherwise preside over any form of a representative or class proceeding. Except
as may be required by law, neither a party nor the arbitrator may disclose the
existence, content, or results of any arbitration without the prior written
consent of both parties, unless to protect or pursue a legal right. If any term
or provision of this Section is invalid, illegal, or unenforceable in any
jurisdiction, such invalidity, illegality, or unenforceability shall not affect
any other term or provision of this Section or invalidate or render
unenforceable such term or provision in any other jurisdiction. If for any
reason a dispute proceeds in court rather than in arbitration, the parties
hereby waive any right to a jury trial. This arbitration provision shall
survive any cancellation or termination of your agreement to participate in any
of our Programs.
12. Florida Law: We
endeavor to comply with the Florida Telemarketing Act and the Florida Do Not
Call Act as applicable to Florida residents. For purposes of compliance, you
agree that we may assume that you are a Florida resident if, at the time of
opt-in to Program, (1) your shipping address, as provided is located in Florida
or (2) the area code for the phone number used to opt-into the Program is a
Florida area code. You agree that the requirements of the Florida Telemarketing
Act and the Florida Do Not Call Act do not apply to you, and you shall not
assert that you are a Florida resident, if you do not meet either of these
criteria or, in the alternative, do not affirmatively advise us in writing that
you are a Florida resident by sending written notice to us. Insofar as you are
a Florida resident, you agree that mobile messages sent by Us in direct
response to mobile messages or requests from You (including but are not limited
to response to Keywords, opt-in, help or stop requests and shipping notifications)
shall not constitute a “telephonic sales call” or “commercial telephone
solicitation phone call” for purposes of Florida Statutes Section 501
(including but not limited to sections 501.059 and 501.616), to the extent the
law is otherwise relevant and applicable.
13. Miscellaneous:
You warrant and represent to Us that you have all necessary rights, power, and
authority to agree to these Terms and perform your obligations hereunder, and
nothing contained in this Agreement or in the performance of such obligations
will place you in breach of any other contract or obligation. The failure of
either party to exercise in any respect any right provided for herein will not
be deemed a waiver of any further rights hereunder. If any provision of this
Agreement is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that this Agreement
will otherwise remain in full force and effect and enforceable. Any new
features, changes, updates or improvements of the Program shall be subject to
this Agreement unless explicitly stated otherwise in writing. We reserve the
right to change this Agreement from time to time. Any updates to this Agreement
shall be communicated to you. You acknowledge your responsibility to review
this Agreement from time to time and to be aware of any such changes. By
continuing to participate in the Program after any such changes, you accept
this Agreement, as modified.
SMS/MMS
Mobile Message Marketing Program Terms and Conditions
Built By Nature
(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 (the “Agreement”). We may modify or cancel the
Program or any of its features without notice. 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.
We may also modify this Agreement at any time and your continued use of the
Program following the effective date of any such changes shall constitute your
acceptance of such changes.
The Program allows
Users to receive SMS/MMS mobile messages by opting into the Program, such as
through online or application-based subscription forms. Your consent to receive
automated marketing text messages is not required as a condition of purchasing
any goods or services. Regardless of the opt-in method you used to join the
Program, you agree that this Agreement applies to your participation in the
Program. If you have opted in, the Program provides updates, alerts,
information, promotions, specials, and other marketing offers (e.g., product
discounts) from Built By Nature via text messages through your wireless
provider to the mobile number you provided. SMS/MMS mobile messages may be sent
using an automated telephone dialing system or other technology. Message
frequency varies. You are responsible for all charges and fees associated with
text messaging imposed by your wireless provider. Message and data rates may apply.
If you do not wish
to continue participating in the Program or no longer agree to this Agreement,
you agree to reply STOP to any mobile message from Us in order to opt-out of
the Program. You may receive an additional mobile message confirming your
decision to opt-out. You understand and agree that the preceding 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.
For any questions
please text "HELP" to the number you received the messages from. You
can also contact us for more information. If you wish to opt-out please follow
the procedures above.
We may change any
telephone number we use to operate the Program at any time and will notify you
of these changes. You acknowledge that any messages, including any STOP or HELP
requests, you send to a telephone number we have changed may not be received
and we will not be responsible for honoring requests made in such messages.
The wireless
carriers supported by the Program are not liable for delayed or undelivered
messages. You agree to provide us with a valid mobile number. You agree to
maintain accurate, complete, and up-to-date information with us related to your
receipt of messages, including, without limitation, notifying us immediately if
you change your mobile number.
You agree to
indemnify, defend, and hold us harmless from any third-party claims, liability,
damages, or costs arising from your use of the Program or from you providing us
with a phone number that is not your own. 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 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 required part of these
terms and conditions. You further agree that, if you change your 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 SMS/MMS 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 we
will not be liable for failed, delayed, or misdirected delivery of any
information sent through the Program, any errors in such information, and/or
any action you may or may not take in reliance on the information or Service.
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.