NIMA TERMS & CONDITIONS
1.3 This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with NIMA and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not use the Website.
2.3 We may withdraw or update the content on this Website in our sole discretion without notice or liability to you. The content on the Website is not necessarily complete or up-to-date.
- Account Security
3.2 You will treat your user name, password and any other information you provide as part of your registration process as confidential. You acknowledge that your account is personal to you and therefore will provide any other person with access to this Website or portions of it using your user name, password or other security information. You will notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
- Intellectual Property Rights
4.1 As between you and NIMA, all right, title and interest in and to the Website and its contents, features and functionality (including products, information, software, text, displays, images, video and audio, and the design, selection and arrangement of those items), and all intellectual property rights in the Website, are retained by NIMA.
4.2 You may use the Website for your personal, non-commercial use only. No right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by NIMA. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- a) Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
- c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- d) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- e) If we provide social media features with certain content, you make take such actions as are enabled by such features.
4.3 You will not:
- a) Modify copies of any materials from this Website.
- b) Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- c) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
- d) Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
4.4 If you wish to make any use of material on the Website other than that set out in this Section 4, please address your request to: email@example.com
4.6 The NIMA name, NIMA logo and all related names, logos, product and service names, designs and slogans are trademarks of NIMA or our licensors. You must not use such marks without the prior written permission of NIMA. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- Prohibited Uses of the Website
5.1 You agree not to use the Website:
- a) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- b) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- d) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
- e) To impersonate or attempt to impersonate NIMA, a NIMA employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm NIMA or users of the Website or expose them to liability.
5.2 Additionally, you agree not to:
- a) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- b) Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- c) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- d) Use any device, software or routine that interferes with the proper working of the Website.
- e) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- f) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- g) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- h) Otherwise attempt to interfere with the proper working of the Website.
- User Contributions
6.1 The Website may contain message boards, chat rooms, personal web pages or profiles, forums and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
6.2 All User Contributions must comply with the Content Standards set out below in Section 7.
6.3 Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you hereby grant and agree to grant to us and our service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
6.4 You represent and warrant that:
- a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our service providers, and each of their and our respective licensees, successors and assigns.
6.5 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NIMA, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
- Content Standards
7.1 These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, you must ensure that User Contributions do not:
- a) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- c) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- e) Be likely to deceive any person.
- f) Promote any illegal activity, or advocate, promote or assist any unlawful act.
- g) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- h) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- i) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- j) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- NIMA’s Rights
8.1 We have the right to:
- a) Remove or refuse to post any User Contributions in our sole discretion.
- c) Take appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of the Website.
- e) Cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
8.2 Notwithstanding the above, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or omission regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 8.
- Reliance on Information Posted
9.1 The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
9.2 This Website may include content provided by third parties, including materials provided by other users. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by NIMA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of NIMA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Linking to the Website and Social Media Features
10.1 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
10.2 This Website may provide certain social media features that enable you to:
- a) Link from your own or certain third-party websites to certain content on this Website.
- b) Send e-mails or other communications with certain content, or links to certain content, on this Website.
- c) Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
10.3 You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- a) Establish a link from any website that is not owned by you.
- b) Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- c) Link to any part of the Website other than the homepage.
10.5 You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
10.6 We may disable all or any social media features and any links at any time without notice in our discretion.
- Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Geographic Restrictions
The owner of the Website is based in the state of California in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Disclaimer of Warranties and Limitation of Liability
13.1 YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE EXTENT PERMITTED BY LAW, NIMA DISCLAIMS ALL WARRANTIES, GUARANTEES AND REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR PARTICULAR PURPOSE IN RESPECT OF THE WEBSITE.
13.2 EXCEPT TO THE EXTENT OUR LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER LAW, IN NO EVENT WILL NIMA OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
13.3 ALL CANVAS ORDERS ARE SOLD ON A “FINAL SALE” BASIS ONLY, AND NO CANCELLATIONS, RETURNS, REFUNDS OR CREDITS ARE ALLOWED. WE HAVE NO OBLIGATION TO REPLACE OR REFUND ANY CANVAS ORDERS. MISSPELLINGS, COLOR DISCREPANCIES OR ANY OTHER ISSUES ARE NOT COVERED. IF THE PRODUCT IS DEFECTIVE, WE WILL REPLACE OR REPAIR THE PRODUCT. CANVAS ORDERS MAY TAKE MORE THAN 2 BUSINESS DAYS TO PRODUCE AND SHIP, THIS TIMEFRAME IS NOT GUARANTEED.
- Governing Law and Jurisdiction
- Waiver and Severability
- Entire Agreement
- Your Comments and Concerns
This website is operated by NIMA, Inc.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org
Thank you for visiting the Website.
NIMA TERMS OF SALE
- Applicability and Contract
1.1 These terms of sale (“Terms”) are the terms which govern the purchase of the products by you from NIMA, Inc. (“NIMA”) via NIMA’s website http://www.nimausa.com (“Products”). These Terms comprise the entire agreement between you and NIMA in connection with the Products. and supersede any other understandings, agreements, representations and warranties and communications.
1.2 By placing an order you are offering to purchase the relevant Product on and subject to these Terms. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between you and NIMA will not be formed until NIMA sends you confirmation by e-mail that the Products which you ordered have been dispatched to you. Only those Products listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed under these Terms.
1.3 All Products ordered by you must only be purchased for your internal and personal purposes, and not for any other purpose (such as commercial use).
2.1 The Products will be delivered within a reasonable time after the receipt of your order, subject to availability of the ordered Products and these Terms.
2.2 NIMA will deliver the Products to the address as indicated by you during the checkout process (the “Delivery Address”) using NIMA’s standard methods for packaging and shipping such Products.
2.3 NIMA may, in its sole discretion ship your Products separately to you, depending on availability of the Products.
2.4 The quantity of the Products as recorded by NIMA on dispatch is conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
2.5 NIMA is not responsible for any non-delivery of Products unless you give written notice to NIMA of the non-delivery within two weeks of the date when the Products would in the ordinary course of events have been received.
- Cancelling an Order and Returning Products
3.1 If you are not satisfied with your Product, you may return the relevant Product within 30 days of the original purchase date.
3.2 All return Products must be in new and unused condition (except to the extent the Product was defective when received), in original packaging, and must be returned to NIMA within 30 days of the original purchase date of the Product. You should pack the Products securely so that they are not damaged during shipping – NIMA is not responsible for lost or damaged Products in transit. After NIMA has received your returned Product, if the Product is returned because it is defective or because the wrong Product was sent to you, NIMA will, at its option and sole discretion, refund you the price of the Product via the original payment method or such other method agreed between the parties or send you a replacement Product. If the Product is returned for any other reason, provided you have complied with all return-requirements set out in this paragraph, NIMA will refund you the price of the Product via the original payment method less outbound freight via the original payment or such other method agreed between the parties. If you wish to replace a non-defective Product, a new Product will be sent to you after the defective Product is received, only if you have properly placed a new order for the new Product in accordance with these Terms.
3.3 NIMA may reject any order or cancel any purchase of Products at any time in the following cases, subject to any applicable refund: (i) the Products are not available/not in stock; (ii) the data you provide to NIMA in connection with your purchase is incorrect or cannot be checked; (iii) your order is marked as suspicious or otherwise suggestive of fraud or illegality by NIMA’s security systems; (iv) NIMA has reason to believe that your purchase is intended for a further commercial activity; (v) there has been an error in the indicated price of the Products; or (vi) NIMA cannot deliver the Products to the address you have provided.
- Title and Risk of Loss. Title and risk of loss passes to you upon delivery of the Products at the Delivery Address. This means you will be responsible for any subsequent damage, loss or destruction to the Products delivered to you.
- Information about our Products.
5.1 NIMA tries to make sure all descriptions of the Products and listed prices are accurate and correct. However, mistakes do happen and NIMA will try to resolve any errors in information as soon as reasonably possible and if NIMA thinks that such an error has affected your order NIMA will make all reasonable efforts to notify you via the contact information provided by you and give you the option of reconfirming your order at the correct price or description (as applicable) or cancelling it. If NIMA is unable to contact you NIMA will treat the order as cancelled. If you cancel and you have already paid for the Products, you will receive a refund.
5.2 You acknowledge and agree that (i) the colors of Products as shown on the website will depend on many factors, including your display settings and the device you are using to view NIMA’s website; (ii) the actual sizes and shapes of the goods may differ from how they appear on your screen; and (iii) pictures and images on the Website are for illustration purposes only. NIMA reserves the right to adjust prices, Products and special offers at our discretion.
- Price and Payment Terms
6.1 You agree to purchase the Products from NIMA at the prices specified on NIMA’s website on the date you place your relevant order, including any shipping prices (“Prices”).
6.2 Unless otherwise specifically specified by NIMA, the published Prices applicable to the Products are exclusive of shipping prices, which will be separately specified during your checkout process. All published Prices applicable to the Products are also exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by you. You will be responsible for all such charges, costs and taxes but you will not be responsible for any taxes imposed on, or with respect to, NIMA’s income, revenues, gross receipts, personnel or real or personal property or other assets.
6.3 When placing an order for Products you are responsible for ensuring that all details you provide to NIMA are true and accurate, that you are an authorized user of the credit or debit card or such other authorized payment account used to place your order and that there are sufficient funds to cover the cost of the Products.
6.4 NIMA may offer discount or promo codes from time to time; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. Only one code can be used per order and use of such codes are subject to any other terms and conditions specified by NIMA when those codes are made available to you. A promotion code can’t be used after an order has been placed.
6.5 After receiving your order NIMA carries out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Products will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
- Limited Warranty.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, NIMA MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
- Limitation of Liability
8.1 IN NO EVENT WILL NIMA BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OR ANY ACT OR OMISSION BY NIMA OR ITS PERSONNEL, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
8.2 YOUR EXPRESS RIGHT TO RECEIVE A REFUND OR REPLACEMENT PRODUCT UNDER SECTION 3ABOVE CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY IN RELATION TO ANY DEFECTIVE OR WRONG PRODUCTS SENT TO YOU OR ANY PRODUCTS THAT HAVE BEEN INACCURATELY DESCRIBED OR PRICED ON NIMA’S WEBSITE.
8.3 IN NO EVENT WILL NIMA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH TO TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF ANY AMOUNTS PAID TO NIMA BY YOU FOR THE RELEVANT PRODUCTS SOLD UNDER THESE TERMS.
8.4 The limitation of liability set forth in above will not apply to death or bodily injury directly resulting from NIMA’s acts or omissions.
Delay in NIMA’s exercising or failure to exercise any right or remedy under these Terms will not constitute a waiver of NIMA’s rights and remedies under these Terms.
- Force Majeure.
NIMA will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent such failure or delay is caused by or results from acts or circum NIMA’s beyond the reasonable control of NIMA including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law.
All matters arising out of or relating to these Terms is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
- Submission to Jurisdiction.
Any legal suit, action or proceeding arising out of or relating to these Terms will be instituted in the federal courts of the United States of America or the courts of the State of California in each case located in the county of Los Angeles, in the state of California, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
NIMA may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when NIMA posts them, and apply to all purchases of Products thereafter. You should check these Terms every time you make a purchase of Products so you are aware of any changes you. No other changes to these Terms will be binding or enforceable unless agreed in writing between each party’s authorized representative.
If any term or provision of these Terms is held to be invalid, illegal or unenforceable in any jurisdiction, the invalidity, illegality or unenforceability will not affect any other term or invalidate or render unenforceable such term in any other jurisdiction.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
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.
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 also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, 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.
Support Instructions: 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.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
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.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use 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.
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.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC 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 Newport Beach , 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 NIMA Sports Bluetooth Speakers’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.