IMPORTANT: The “Dispute Resolution” section below requires you to arbitrate claims you may have against Step Into Success, Inc. on an individual basis to resolve disputes, rather than jury trials or class actions. It affects your legal rights. Please read it carefully.
Providing Consent: You must provide express written consent to subscribe to marketing messages from us. We may request and you may provide this consent via email, website or application webform, text message, telephone keypress, voice recording, or any other method permitted by law. Your consent is not required to make any purchase from us. Your consent corresponds to the phone number you designate. By providing us your phone number and consenting to receive our marketing messages, you confirm that you are the owner of the phone number, control access to that number, and will notify us of any change to your phone number. In the event you change your phone number with us, you agree that we may continue to send you marketing messages at your new phone number unless you revoke your consent.
Revoking Consent: If you wish to unsubscribe from receiving our marketing messages or no longer agree to this Mobile Marketing Agreement, you may revoke your consent and opt out of receiving marketing messages by, among other things, replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT or something similar to any marketing message from us. If you unsubscribe from one of our text message programs, you may continue to receive text messages through any other programs you have joined until you separately unsubscribe from those programs.
Duty to Notify and Indemnify for Abandoned Phone Number: If at any time you intend to stop using the telephone number that you designated to receive our marketing messages, including by canceling your service plan or selling or transferring the phone number to another party, you agree that you will unsubscribe and revoke your consent in accordance with the process set forth above prior to ending your use of the telephone number. You understand and agree that your agreement to do so is a material part of this Mobile Marketing Agreement. If you discontinue the use of your telephone number without notifying us of such change, you agree to defend, release, indemnify, and hold harmless us and our officers, directors, employees, and representatives from and against any and all losses, claims, liabilities, injuries, costs, damages, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) arising out of or relating to, directly or indirectly, your failure to notify us of such change, including those resulting from a breach of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder. This duty and agreement shall survive any cancellation or termination of this Mobile Marketing Agreement.
Description of Content: Users that consent to receive marketing messages from us can expect to receive messages concerning the marketing and sale of our digital and physical products, services, and events.
Frequency: We may send you recurring marketing messages on a periodic basis. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the phone number from which messages are sent and we will notify you when we do so.
Cost: Message and data rates may apply to the messages we send you or that you send to us or when you click on weblinks in our messages.
Support Instructions: If you need assistance or have questions regarding our marketing messages, email us at firstname.lastname@example.org.
Disclaimer of Warranty and Limitation of Liability: We make no representations or warranties, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose, suitability, or performance to you in connection with, arising out of, or relating to your subscription to our marketing messages. We do not guarantee delivery of SMS and MMS messages. Message delivery is subject to effective transmission from your wireless service provider and is outside of our control. Accordingly, delivery may not be available in all areas at all times, and messages may not be delivered in the event of product, software, coverage, or other changes made by your wireless service provider. You agree that neither we nor our vendors, suppliers, or licensors shall be liable for any delayed or failed delivery of any message we send you or you send us, including any damage or injury caused by delayed or failed delivery of any message.
Participant Requirements: You must own a wireless device capable of two-way messaging, be a wireless service subscriber of a participating wireless service provider, and have a wireless service plan with messaging service. If your wireless device or service plan does not support MMS messaging, we may send you SMS messages instead.
Age Restrictions: You may not subscribe to our marketing messages if you are under thirteen (13) years of age. If you are between thirteen (13) and eighteen (18) years of age, you must obtain permission from your parent or legal guardian to subscribe to our marketing messages.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and us, or between you and Kinnekt or any other third-party service provider acting on our behalf to transmit our marketing messages, 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 shall be, to the fullest extent permitted by law, resolved only by final and binding, bilateral arbitration in New York, New York before a single neutral arbitrator. You agree that we and you are each waiving the right to sue in court, except for disputes, claims, or controversies that qualify for small claims court, and the right to have a trial by jury. You agree that any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equitable theory. The arbitrator shall decide the enforceability of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The interpretation and application of this Mobile Marketing Agreement shall otherwise be governed by the laws of the state in which Company’s principal place of business is located.
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. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator 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. The parties 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 an equal share of the fees paid for the arbitrator and shall bear its own costs relating to 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 this Mobile Marketing Agreement.
Acceptable Use Policy: We utilize third-party service providers to transmit our marketing messages messaging platform, which is subject to certain prohibited uses under the messaging platform acceptable use policy of Zipwhip (“AUP”), which terms can be found at www.zipwhip.com/terms or as such AUP may be relocated and updated by Zipwhip on its website from time to time (“AUP Terms”). In the event of any conflict between this Mobile Marketing Agreement and the AUP Terms, the AUP Terms shall supersede to the extent of any actual conflict. By agreeing to this Mobile Marketing Agreement, you also agree to the AUP Terms.
PROHIBITED USES AND ACTIVITIES
You may not violate any applicable laws, rules and regulations applicable to you, in connection with, the following:
Theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property.
Fraud; forgery; or theft or misappropriation of funds, credit cards, or personal information.
Impersonation of any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Harm minors in any way.
Making available any content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities.
Making available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
Stalking or otherwise harassing any person or entity.
Export, re-export, or transfer of restricted software, algorithms or other data in violation of applicable export control laws.
Intentionally or unintentionally violate any applicable local, state, provincial, national or international law, treaty, or regulation, or any order of a court.
Deceptive practices such as posing as another service for the purposes of phishing or pharming.
Distributing any materials of a threatening or harmful nature, including without limitation threats of death or physical harm, or materials that are malicious, harassing, libelous, defamatory, or which facilitate extortion or harmful action.
Distributing any offensive materials, including without limitation obscene, pornographic, indecent or hateful materials and materials which promote gambling or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Sending unwanted messages without having procured the necessary consents, right and/or license.
Send protected health information.
Registering for more accounts or register for an account on behalf of an individual other than yourself.
Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
You may not violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of any network, electronic service, or other systems. You shall not use the Services in a manner that interferes with any other party’s ability to use and enjoy the messaging platform, that interferes with our third-party service partners’ ability to provide the messaging platform, or that otherwise may create legal liability for Company or its third-party service partners. You shall not use the Services to violate the acceptable use policy or terms of service of any other third-party service provider, including, without limitation, any Internet service provider.
You agree to review the website periodically to be aware of any changes or modifications. If you do not agree to the changes in the AUP Terms, you must discontinue use of the messaging platform. Your continued use of the messaging platform shall be deemed your conclusive acceptance of any such revisions.
Miscellaneous: You warrant and represent to us that you have all necessary rights, power, and authority to agree to this Mobile Marketing Agreement and to perform your obligations herein, and nothing contained in this Mobile Marketing 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 herein. If any provision of this Mobile Marketing Agreement, including any part of the “Dispute Resolution” section, is held unlawful, void, or for any reason unenforceable by a court or agency of competent jurisdiction, that part may be severed from this Mobile Marketing Agreement and the remaining provisions shall remain in full force and effect. Any new features, changes, updates or improvements related to our marketing messages shall be subject to this Mobile Marketing Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Mobile Marketing Agreement from time to time and we will provide you with notice of material changes. You acknowledge your responsibility to review this Mobile Marketing Agreement from time to time and to be aware of any such changes. By maintaining your consent to receive marketing messages from us after any such changes, you accept this Mobile Marketing Agreement, as modified.