This website is operated by Infinite Age Co. Throughout the site, the terms “we”, “us” and “our” refer to Infinite Age Co. Infinite Age Co offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
The “Dispute Resolution” section below requires you to arbitrate claims you may have against Infinite Age Co. on an individual basis to resolve disputes, rather than jury trials or class actions. It affects your legal rights. Please read it carefully.
The Site Payment Descriptor:
IACO Ventures LLC
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - SUBSCRIPTIONS; AUTO RENEWAL AND CANCELLATION POLICY
Subscriptions. Infinite Age Co provides an automatically recurring subscription service for the vitamins and nutritional supplements purchased through our Sites. If you enroll in the subscription service, you will receive a package from Infinite Age Co containing a supply of the vitamins and nutritional supplements in your subscription, and your subscription will automatically renew, and you will continue to be charged on a recurring basis until you cancel. You can find specific details regarding your order and the Infinite Age Co subscription service by accessing the Sites and your Account details.
Auto Renewal. Payments must be made using a credit card, debit card or other available online payment method (e.g., PayPal) (“Payment Method”). The charge for each shipment will be billed to the Payment Method used to create your Account and enroll in the subscription service or as otherwise provided by you. You authorize Infinite Age Co or its third-party payment processor to store your Payment Method and to automatically charge your Payment Method on a recurring basis without notice until you cancel. If the primary Payment Method associated with your Account fails, you authorize Infinite Age Co or its third-party payment processor to charge any other Payment
Method provided with your Account or to contact you to update your Payment Method. If you have not provided an alternative Payment Method and fail to update your Payment Method and provide payment, or if all Payment Methods associated with your Account fail, we will cancel your subscription.
Your subscription order will automatically ship and your Payment Method will automatically be charged on a recurring basis until you cancel. The total cost charged to your Payment Method for each subscription order will be the total price of the item(s) in your subscription on the date that order is invoiced, plus applicable taxes and shipping. The actual cost of each shipment may vary depending on the quantity of items in your order. You acknowledge and agree that Infinite Age Co will not obtain any additional authorization from you for such automatic, recurring payments.
Subscription rates are set forth in U.S. Dollars. If you are using another currency, the actual amount may fluctuate based on currency exchange rates without notice to you. The subscription costs are non-refundable, unless otherwise required by applicable law. You understand and agree that you will not be entitled to any compensation or refund for any unused item(s) in your subscription. Infinite Age Co may, at any time and in its sole discretion, change the price of any item included in your subscription, and will notify you within a reasonable time in advance of any such price change with the option to cancel. If you would not like to continue your subscription after such a change, you should cancel your subscription.
WHEN YOU ENROLL IN THE SUBSCRIPTION SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) YOU ARE STARTING A SUBSCRIPTION SERVICE WITH AN INITIAL AND RECURRING PAYMENT FEATURE WHICH WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS, AND (B) YOU AUTHORIZE Infinite Age Co (OR OUR THIRD-PARTY PAYMENT PROCESSOR) TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD THE TOTAL PRICE FOR THE ITEMS IN YOUR SUBSCRIPTION ON THE DATE THAT ORDER INVOICED (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) UNLESS AND UNTIL YOU CANCEL. YOU ACKNOWLEDGE AND AGREE THAT Infinite Age Co WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS.
After you enroll in the subscription service, you’ll receive an email confirming your subscription. This email will include a link to access your online account where you can manage future orders, subscription items, and subscription account information. Don’t worry if you delete the email, you can always access your subscription settings when you log in to your online account.
Unless you elect to defer your order as per the last sentence of this paragraph, you also will be notified by email approximately three (3) days before any subsequent subscription order is invoiced of upcoming charges for your subscription order. We require any changes or cancellations be made before your subscription order is invoiced according to the following timeline: once you’ve received a notification of upcoming charges (subject to the disclaimer below), you must act within forty-eight (48) hours of receipt if you wish to make changes or cancel in time to prevent your next subscription order from invoicing automatically. Modifying or cancelling your subscription order in your online account will not affect any outstanding subscription order that has been invoiced. Please note, we disclaim all responsibility and liability for any email delivery failure, email kick back, incorrect email address associated with your Account, or any other reason an email fails to deliver. If you elect to defer your order and select a custom order invoice date, then you will receive an order deferral email with information regarding the deadline to cancel or make changes.
CANCELLATION POLICY. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. YOU MAY CANCEL AT ANY TIME BY EMAILING CONTACT@INFINITEAGE.COM, OR VIA THE ‘DELAY/CANCEL SUBSCRIPTION’ TAB IN YOUR ONLINE ACCOUNT. YOU MUST CANCEL YOUR SUBSCRIPTION WITHIN FORTY-EIGHT (48) HOURS AFTER RECEIVING NOTICE OF UPCOMING CHARGES FOR YOUR SUBSCRIPTION ORDER. SHOULD YOU CANCEL AFTER THAT TIME FRAME, YOU WILL BE CHARGED ON THE INVOICE DATE AND RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER IDENTIFIED AS OUTSTANDING PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION. If you do not cancel your subscription in accordance with these terms, we will not refund, credit, or replace any returned items. Returns that do not comply with our return policy will not be credited or replaced under any circumstances.
In the event you cancel your subscription, please note that Infinite Age Co may still send you promotional communications unless you opt out of receiving those communications by following the unsubscribe instructions provided therein. You may obtain further information about your subscription by emailing CONTACT@INFINITEAGE.COM, or by logging in to your online Account.
We may, in our sole discretion, cancel all or part of your subscription order at any time for any reason, in our discretion. If we do so, you will only be charged for orders that have been shipped to you and we will refund any corresponding amount to the extent already paid by you. We will notify you of any such cancellation and amount refunded. WE RESERVE THE RIGHT TO MODIFY OR CHANGE THESE SUBSCRIPTION TERMS AT ANY TIME, UPON NOTICE TO YOU AND IN OUR SOLE DISCRETION. If any change to these subscription terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Infinite Age Co, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Infinite Age Co and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws.
SECTION 20 - DISPUTE RESOLUTION
Binding Arbitration: In the event of a dispute arising under or relating to this Agreement or the Services or any other products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Infinite Age Co from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Infinite Age co’s proprietary interests. CLASS ACTION WAIVER: You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS CUSTOMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
SECTION 23 - MOBILE MARKETING TERMS AND CONDITIONS
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. If you have opted in, the Service provides alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Infinite Age Co.
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.