SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
NOTIQ (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
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 hello@notiq.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 Katy, Texas 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 NOTIQ’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.
WEBSITE USAGE
Welcome to NOTIQ.com, (“Website”, or “site”) the online home of the NOTIQ brand – a division of (“Jokotade”, “the Company”, the “organization”, or “Jokotade LLC doing business as (dba) NOTIQ.com”). The word "you" refers to the visitors or user of this site. You are invited to access the various informational resources available to you, subject to the terms of use ("TOU") stated on this page.
USE OF THIS SITE
By enrolling in this course, you are agreeing to all of the TOU, as well as privacy policy, which is hereby incorporated by reference collectively, “the Agreement.” These TOU are form a binding contract between you and Jokotade LLC dba NOTIQ.com doing business as NOTIQ.com the website owner, and all its subsidiaries, regarding your use of this site. If you do not agree with any of the terms, please exit the website promptly.
We provide you with access to view, download and enjoy this site subject to the restrictions set forth in these TOU. Materials located on this site contain general information about the company, our people, our services and our products
Your use of this site also requires you to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services. Unless expressly permitted by supplemental terms, this site is intended for general audiences 13 years of age and older. Access by anyone younger is not authorized.
INTELLECTUAL PROPERTY
This site contain material, such as videos, handouts, podcasts, photographs, text, graphics, images, sound recordings, and other material provided by or on behalf of Jokotade LLC dba NOTIQ.com (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
The contents of our Sites are protected by copyright laws, and are the property of their owners. All information on the Sites is copyrighted by Jokotade LLC dba NOTIQ.com. Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth above, you have no other rights in or to the Content (other than your own User Content that you post to the Websites), and you will not use the Content except as permitted under this Agreement.
No other use is permitted without the prior written consent of Jokotade LLC dba NOTIQ.com. Jokotade LLC dba NOTIQ.com retains all right, title, and interest, including all intellectual property rights, in and to the Content. You may not change, modify, delete, display, transmit, adapt, exploit, transfer, assign, license, sublicense, or copy for distribution or sale any information, material, trademark, or copyright on the Sites. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
In other words, you may not duplicate or create derivative works, guides, or materials that reference Jokotade’s proprietary information, or otherwise infringe on any of Jokotade LLC dba NOTIQ.com’s intellectual property in any way. Any information you create and disseminate must be distinctly yours.Such use is strictly prohibited. Failure to adhere to comply with the terms outlined in this agreement, may subject you to civil and criminal penalties, including possible monetary damages, for intellectual property infringement.
You must obtain written permission from us or any other entity who owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites. By using this site, you agree to abide by all copyright notices or other posted restrictions.
DISCLAIMERS
The information, services, products, claims, topics, and materials on our Sites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or strategies listed on this site as well as those that are provided in our products or to our participants at our events.
Neither we nor any of our respective licensors or suppliers warrant that any functions contained in this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
We do not endorse, warrant or guarantee any writers, speakers, products or services offered on this site or those we link to. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.
MATERIALS SUBMITTED TO SITE
You are prohibited from uploading, submitting, posting, or making available on this site any artwork, photos, videos, or materials, protected by copyright, trademark, or other proprietary right without the express written permission of the owner. You shall be held liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or harm resulting from any such submission. Your act of posting, submitting, sending or uploading any such material will be deemed as a representation by you that you have full and complete authority to do so and that sharing such information does not violate any laws, rules, regulations, or rights of third persons.
General GUIDELINES
By using and accessing this website, you agree to comply with these guidelines and that:
- You will comply with all applicable laws in your use of this site and will not use it for any unlawful purpose;
- You will not upload, post, email, transmit, or otherwise make available any content that:
- Infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- Is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- Discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another person;
- You will not spam or use this site to engage in any commercial activities;
- If you post any User Content, you will stay on topic;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of this site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about inappropriate content of which you become aware. If you find something that violates these General Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Guidelines.
LINKS AND EMAIL ADDRESSES
Links posted on this website to other websites are provided only as a convenience to our visitors. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Jokotade LLC dba NOTIQ.com. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
NO WARRANTY
THE INFORMATION PRESENTED ON OUR SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. JOKOTADE LLC DBA NOTIQ.COM DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS OR WILL BE ALWAYS CURRENT, COMPLETE, OR ACCURATE. ANY REPRESENTATION OR WARRANTY THAT MIGHT BE OTHERWISE IMPLIED IS EXPRESSLY DISCLAIMED. FURTHERMORE, WE DO NOT REPRESENT OR WARRANT ANY SPECIFIC OR GENERAL OUTCOMES FROM PURCHASING OR USING OUR SERVICES AND/OR PRODUCTS.
ADDITIONALLY, THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THIS SITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Jokotade LLC dba NOTIQ.com is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Jokotade LLC dba NOTIQ.com has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, Jokotade LLC dba NOTIQ.com’s liability is limited to the fullest possible extent permitted by law. In no event shall Jokotade LLC dba NOTIQ.com’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Jokotade LLC dba NOTIQ.com, and if no purchase has been made by you Jokotade LLC dba NOTIQ.com cumulative liability to you shall not exceed $100.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these TOU, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
These TOU shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website; provided, however, that in the event of a conflict between such other terms and the terms of these TOU, the terms of these TOU shall control.
These TOU have been made in and shall be construed and enforced in accordance with Texas law. Any action to enforce this agreement shall be brought in the federal or state courts located in Texas State. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure of Jokotade LLC dba NOTIQ.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these TOU. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these TOU for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to Jokotade LLC dba NOTIQ.com, and all other provisions for which survival is equitable or appropriate. Jokotade LLC dba NOTIQ.com may assign its rights and duties under these TOU to any party at any time without notice to you.
CHANGED TERMS
We may update or amend these TOU from time to time without notice to you. We may at any time amend these TOU. Such amendments are effective immediately by us posting the new TOU on this Site. The effective date will be posted.
MISCELLANEOUS
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by you and us in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sub-licenses.
Updated: August 31, 2020
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