SMS Terms and Conditions - MaxiClimber
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SMS Terms and Conditions

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

IMPORTANT! PLEASE READ THESE WEBSITE SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY MAXICLIMBER (“COMPANY NAME” OR “WE” OR “US”) TEXT MESSAGING PROGRAM. BY SIGNING UP FOR ONE OR MORE OF MAXICLIMBER TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE MAXICLIMBER SMS TERMS AND CONDITIONS. FURTHERMORE, THESE MAXICLIMBER SMS TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH MAXICLIMBER ARE RESOLVED.

By signing up for one or more text messaging programs, you expressly consent to receive marketing or non-marketing text messages, as applicable, from Company and others texting on its behalf, including text messages made with an automatic telephone dialing system (“autodialer”), at the telephone number(s) that you provide. You may opt-out of these communications at any time. Consent to receive text messages is not required. In addition, consent is not a condition of any purchase.

Program Description

Company and its service providers may use an autodialer to deliver text messages to you. Company text messages are intended to provide you with marketing and promotional information regarding Company products and services (e.g., events and promotions offered by Company or any of its authorized retailers). We may also provide you with transaction-related information.

Message Frequency

The number of Company text messages that you receive will vary depending on which Company text messaging programs for which you sign up to receive messages and the frequency of the messages sent by those programs. You will receive a maximum of 5 messages per week per Company text messaging program.


Cost


Message and data rates may apply to each text message sent or received in connection with Company text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. The Company does not impose a separate fee for sending Company text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.

How to Opt-In

To opt-in to receive text messages from a Company text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages. For example, you may be asked to reply in the affirmative in the manner indicated in an initial text message (e.g., Y or Yes).

How to Opt-Out

To stop receiving text messages from a specific Company text messaging program, text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five-digit number from which its text messages are being sent). You acknowledge that you will then receive one (1) final message from the Company confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging program associated with that five-digit short code. You will remain opted in to other Company text messaging programs.

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying the Company immediately if you change your mobile telephone number. You may notify the Company of a number change by contacting Company Customer Service at 1- (888) 433 9083.

You agree to indemnify Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Access or Delivery to Mobile Network is Not Guaranteed

It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.


Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Company’s control, and Company is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).

Supported Carriers

Supported carriers may change from time to time, but currently include Mint Mobile, Visible, Verizon, T-Mobile, AT&T, Google Fi, Boost, among others.
Carriers are not liable for delayed or undelivered messages.

Support/Help

To request more information, text HELP to the five-digit short code for the text messaging program about which you have questions (i.e., the five-digit number from which its text messages are being sent). You may also receive help by contacting Company Customer Service at 1-888-433-9083.

Eligibility

To receive Company text messages, you must be a resident of the United States and 18 years of age or older. Company reserves the right to require you to prove that you are at least 18 years of age.

Changes to Terms and Conditions

The Company may revise, modify, or amend these Company SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to the Company’s website https://maxiclimber.com/sms-terms-and-conditions/. You agree to review these Company SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Company text messages will indicate your acceptance of those changes.

Termination of Text Messaging

We may suspend or terminate your receipt of Company text messages if we believe you are in breach of these Company SMS Terms and Conditions. Your receipt of Company text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of Company text messages, with or without notice.

Privacy

Your privacy is important to us. Please visit https://maxiclimber.com/sms-privacy-policy/ to review our SMS Privacy Policy and Website Privacy Policy.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights.


Any dispute or claim relating in any way to your receipt or use of Company text messages will be resolved by binding arbitration, rather than court.


Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Company or Company’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Company may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or any acts or omissions that pose or may pose a threat of immediate irreparable harm.

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 et seq., or any other statute, regulation, or legal or equitable theory. You and Company hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association Rules in effect at the time of filing of the arbitration (the “AAA Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these Company Terms and Conditions, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.


THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND COMPANY AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.


Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Arbitration under this agreement shall be held in the United States county where you live or work, Florida, or any other location we mutually agree to, subject to Florida law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.


This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

Limitation of Liability

To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

Applicable Law

Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of Florida.

Severability

If any term of these Company Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.

 

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