We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our Services immediately. These Terms expressly supersede prior agreements or arrangements with you. The Confidence Co. may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Services is Copyright (c) of The Confidence Co., ALL RIGHTS RESERVED (the “Confidence Co. Copyright”.) The compilation (meaning the collection, arrangement and assembly) of all content on the Services is the exclusive property of The Confidence Co. and protected by U.S. and international copyright laws. All software used on the Services is the property of The Confidence Co. or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Services for the sole purpose of placing an order with The Confidence Co. or otherwise using and accessing the Services pursuant to these Terms. Any other use of materials on the Services - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of The Confidence Co. is strictly prohibited.
We grant you a limited license to access and use the Confidence Co. Copyright as provided under Section 9 below, and we reserve all other rights.
All page headers, custom graphics, button icons, trademarks, logos, marks, names and other content shown on the Site and Services are service marks, trademarks, and/or trade dress of The Confidence Co. (the “Confidence Co. Trademarks”) and may not be used in connection with any product or service that is not offered by The Confidence Co. in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
We grant you a limited license to access and use the Confidence Co. Trademarks as provided under Section 9 below, and we reserve all other rights.
- Creating an Account; Your Responsibilities
By using our Services and purchasing any Products, you represent and warrant that:
- You are at least 18 years old;
- You are legally qualified to enter a binding contract with The Confidence Co.;
- You are not prohibited by law from using our Services;
- You do not have more than one Account on our Services; and
- You have not previously been removed from our Services by us, unless you have our express written permission to create a new Account.
If at any time you cease to meet these requirements, you must immediately delete your Account, and we retain the right to remove your access to our services without warning.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. The Confidence Co. does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You agree to:
- Comply with these Terms, and check this page from time to time to ensure you are aware of any change;
- Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
- Use the latest version of the Site and/or App;
- Treat other users in a courteous and respectful manner, both on and off our Services and abide by our membership principles;
- Be respectful when communicating with any of our customer care representatives or other employees;
- Maintain a strong password and take reasonable measures to protect the security of your login information.
- Present yourself respectfully and authentically.
You agree that you will not:
- Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
- Use the Services in a way that damages the Services or prevents their use by other users;
- Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
- Use our Services for any harmful, illegal, or nefarious purpose;
- Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
- Post or share Prohibited Content (see below);
- Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
- Use another user’s Account;
- Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or
- Violate the terms of the license granted to you by The Confidence Co. (see Section 6 below).
- Disclose private or proprietary information that you do not have the right to disclose;
- Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without The Confidence Co.’s prior written consent;
- Express or imply that any statements you make are endorsed by The Confidence Co.;
- Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
- Upload viruses or other malicious code or otherwise compromise the security of our Services;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
- “Frame” or “mirror” any part of our Services without The Confidence Co.’s prior written authorization;
- Use meta tags or code or other devices containing any reference to The Confidence Co. or the platform (or any trademark, trade name, service mark, logo or slogan of The Confidence Co.) to direct any person to any other website for any purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
- Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
- Use, access, or publish the The Confidence Co. application programming interface without our written consent;
- Probe, scan or test the vulnerability of our Services or any system or network; or
- Encourage, promote, or agree to engage in any activity that violates these Terms.
Prohibited Content—The Confidence Co. prohibits uploading or sharing content that:
- Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;
- Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
- Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
- Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
- Is defamatory, libelous, or untrue;
- Involves the transmission of “junk” mail or “spam”;
- Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from The Confidence Co. or otherwise;
- Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
- Was not written by you or was automatically generated, unless expressly authorized by The Confidence Co.;
- Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;
- Is inconsistent with the intended use of the Services; or
- May harm the reputation of The Confidence Co. or its affiliates.
The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your Account.
- Billing and Payments; Subscriptions
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal service notification. We will replace products and credit your account at our discretion.
If you purchase a subscription to our Service or the Products (a “Subscription”), your Subscription is subject to the following terms:
- You will receive the Product or Service at the frequency and quantity that you select. You can log into your account to customer your Subscription at any time; if you do not update or change your Subscription, we will automatically send you your subsequent Subscription based on your previous/current selection.
- Your Subscription will remain in effect unless and until it is cancelled by you or The Confidence Co. We reserve the right to cancel your Subscription at any time, for any or no reason, with or without notice to you.
- You will be charged the recurring fees and charges for your Subscription, plus applicable taxes and shipping and handling (the “Subscription Fees”) to your default payment method for your first Subscription order. You will continue to be charged the Subscription Fees at the time of each shipment for all subsequent orders unless and until you cancel or change your Subscription.
- You may cancel or delay your Subscription at any time by logging into your account through our website.
- All Subscription orders are processed on the renewal date of your first Subscription Order, unless you change your Subscription.
- Any changes to your Subscription must be completed more than 24 hours prior to your next scheduled renewal date in order for such change to be reflected on the next order.
- Once a Subscription order has processed, it cannot be cancelled.
We assess refund requests on a case-by-case basis. Please reach out to email@example.com for more information.
- Product Information
The products displayed on the Services can be ordered and delivered only within the U.S. All prices displayed on www.theconfidence.co are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by The Confidence Co..
All material and information presented by The Confidence Co. is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through the Services by The Confidence Co. are not intended to diagnose, treat, cure or prevent any condition or disease.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Services is not meant to serve as a substitute for professional medical advice: these Services are solely online stores for specialty Products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Services before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. The Confidence Co. does not give or intend to give any answers to medical related questions and these Services do not replace any medical professional or medical resource. The Confidence Co. does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Services. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
Except where prohibited by law, The Confidence Co. may limit the number of products available for purchase.
- Responsibility for your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Services, including information you may transmit in connection with the purchase of our Products, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Services.
You represent and warrant to us that the Content you provide to us is accurate, including any information submitted through any third-party sources (if applicable), and that you will update your Account information as necessary to ensure its accuracy.
The Content included on your individual profile should be relevant to the intended use of our Services. If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
- Your Use of Content on the Services and Limitation of Liability
The Confidence Co. provides the Services, Products, and all other applications and services on the Services as an e-commerce platform and forum only. The Confidence Co. is not liable for any statements, representations, or Content provided by its users in any public forum on the Services or any third party application or website (a “Third Party Site”.) Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Services or any Third Party Site, is not controlled by The Confidence Co. The Confidence Co. cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that may be offensive, indecent or objectionable and The Confidence Co. shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. To the extent not prohibited by applicable law, under no circumstances will The Confidence Co. be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Services or through the Community.
- Your Content Submissions
The Confidence Co. does not endorse any Content or any opinion, recommendation or advice expressed therein, and The Confidence Co. disclaims all liability with respect to the Content posted by third parties.
If your Content includes ideas, suggestions, documents or proposals to The Confidence Co. through the Community, (a) such Content is not confidential or proprietary and The Confidence Co. has no obligation of confidentiality, express or implied, with respect thereto; (b) The Confidence Co. may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from The Confidence Co. under any circumstances unless you are otherwise notified by The Confidence Co. in writing.
- Our Content
For as long as you comply with these Terms, The Confidence Co. grants you a personal, worldwide, royalty-free, non-assignable, non-transferable, non-exclusive, revocable, and non-sublicensable license to (i) access and use our Services and/or to shop for and purchase our Products, and access and use any Confidence Co. Trademarks, Confidence Co. Copyright, or Confidence Co. Content, solely for the purposes as intended by The Confidence Co. and permitted by these Terms and applicable laws, and (ii) access and use any Confidence Co. Trademarks, Confidence Co. Copyright, or Confidence Co. Content, and any other content, information and related materials that may be made available through the Services or in connection with your shopping and purchase of our Products, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by The Confidence Co. and The Confidence Co.'s licensors.
- Third Party Content and Third Party Services
Additionally, The Confidence Co. is not responsible or liable for your compliance or noncompliance of such Third Party Terms. You use Third Party Content and Third Party Services at your own risk. Third Party Content does not necessarily reflect the views of The Confidence Co.
- Account Termination
You can delete your account at any time by logging into the App, going into settings and account information, and deleting your account. If you need assistance, please reach out to firstname.lastname@example.org
- Reservation of Rights
- Disclaimer of Warranties
THE CONFIDENCE CO. PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE CONFIDENCE CO. DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE. FURTHERMORE, THE CONFIDENCE CO. MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
THE CONFIDENCE CO. TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES THE CONFIDENCE CO. TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH THE CONFIDENCE CO.. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. THE CONFIDENCE CO. IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
- Disclaimer of Liabilities
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE CONFIDENCE CO., ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; OR (II) YOUR PURCHASE OF OR USE OF THE PRODUCTS. IN NO EVENT WILL THE CONFIDENCE CO.’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES OR PRODUCTS EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO THE CONFIDENCE CO. FOR THE SERVICES OR PRODUCTS DURING THE SIX (6) MONTHS PRECEDING THE DATE OF YOUR RESPECTIVE CLAIMS.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- Dispute Resolution
If you are dissatisfied with our Services or Products for any reason, please contact The Confidence Co. Customer Service first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against The Confidence Co., these terms will apply.
Arbitration, Class-Action Waiver, and Jury Waiver
Except for users residing where prohibited by law:
- The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our Services shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against The Confidence Co. any class action, class arbitration, or other representative action or proceeding.
- By using our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the The Confidence Co. (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in San Diego County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Except for users residing where our arbitration agreement is prohibited by law, the laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Arbitration Agreement in Section 15a above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of California governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, and except for claims that may be properly brought in a small claims court of competent jurisdiction in the county or other jurisdiction in which you reside or in San Diego County, California, all claims arising out of or relating to this Agreement, to our Services, or to your relationship with The Confidence Co. that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of San Diego County, California, U.S.A. You and The Confidence Co. consent to the exercise of personal jurisdiction of courts in the State of California and waive any claim that such courts constitute an inconvenient forum.
- Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates The Confidence Co.’s published policies. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any Accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
- Entire Agreement
This Agreement supersedes any previous agreements or representations.
ReChargeSMS Terms of Service
SMS MOBILE MESSAGE MANAGEMENT PROGRAM TERMS AND CONDITIONS
Last revised:February 1, 2021
User Opt In
The Program allows Users to receive SMS 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 predetermined 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.
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, STOPALL, 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 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.
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the management of the users digital subscription, services, and events.
Cost and Frequency
Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. 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.
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. T-Mobile is not liable for delayed or undelivered mobile messages.
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.
You may not use of 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.
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.
In the event that there is a dispute, claim, or controversy between you and Us, or between you and ReChargeSMS 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 Los Angeles, California 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 ReChargeSMS’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 to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration 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.
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.