Terms of service

TERMS AND CONDITIONS FOR THE SHORT MESSAGE SERVICE (SMS) AND MULTIMESSAGE SERVICE (MMS) MOBILE MARKETING PROGRAM

 You ("You") are entering into this Mobile Messaging Terms and Conditions and Privacy Policy  (the "Agreement") with the DesignedBy The Boss (hereafter, "We," "Us," "Our") in connection with the Mobile Messaging Program (the "Program"). You acknowledge and agree to these terms and conditions by opting in to or participating in any of our Programs, including, without limitation, your commitment to addressing any disputes with us through final, binding, individual arbitration as specified in the "Dispute Resolution" section below. This Agreement governs your participation in the Program alone. It is not meant to alter the Terms and Conditions or Privacy Policy that apply in other areas of your relationship with Us.

User Opt-In: Those who sign up for the Program voluntarily (through a website or a mobile app, for example) will be able to receive SMS and MMS text messages. You acknowledge that this Agreement governs your participation in the Program regardless of the opt-in method you employed to become a member. You realize that consent is not necessary to purchase from Us, but by opting into the Program, you agree to receive mobile marketing messages at the phone number you provided. The preceding will not be intended to infer or imply that any or all of Our mobile communications are transmitted via an automated telephone dialing system ("ATDS" or "autodialer"), even though you have agreed to receive autodialed messages. Rates for texting and using data may apply. The amount of time between messages might change.

User Opt-Out: If at any time you do not desire to participate in the Program or no longer agree to this Agreement, you may opt-out by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us. A second mobile message affirming your choice to unsubscribe may be sent to you. That the above procedures are the sole practical means of opting out is something you understand and agree to. You agree that the DesignedBy The Boss and its service providers will not be liable for failing to honor unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases. You also acknowledge that any other way of opting out, such as texting terms other than those set out above or orally requesting one of our workers to remove you from our list, is not a legitimate manner of opting out.

 Program Description: Without restricting the scope of the Program, we'll be communicating with users who opt-in about our goods and their marketing, promotion, payment, delivery, and sale.

 Checkout reminders are a possible type of message.

The cost and frequency: you may be subject to message and data fees. You consent to receive messages at Our discretion periodically. Messages may be sent once a day, once a week, or once a month. Regular mobile communications are an integral part of the Program, and we may occasionally send you additional mobile messages based on your interactions with Us.

Support Instructions: First, if you need any assistance with the Program, send the word "HELP" to the phone number you've been receiving texts from, or write to us at help@websitename. If you choose to withdraw from the program, you may no longer use 

this email address. All requests to withdraw consent must be made through the above channels.

 MMS Disclosure: If your mobile phone does not have MMS capabilities, the Program will send you a "terminating message" through a standard text message.

Our Disclaimer of Warranty: We make no guarantees about the availability of the Program in your region or its continued functionality if your wireless provider changes its products, software, coverage, or other aspects of its service. We will only be held responsible if you get mobile communications related to this program. It is not within Our authority to ensure that your cellular service provider or network operator successfully transmits your mobile messages. Messages sent via mobile devices may be delayed or never arrive; carriers bear no responsibility for this.

Participant Requirements: You must be a subscriber to a wireless service that offers text messaging and have access to your cellular device capable of two-way texting and utilizing a wireless service provider that is a participant. Some mobile phone companies don't offer the required service. Make sure your cell phone can handle the required text message formats before proceeding.

 Age Restriction: If you are younger than thirteen (13), you are not allowed to use or interact with the Platform in any way. If you are between 13 and 18, you need your parent's or legal guardian's consent to use or participate in the Platform. You represent and warrant that you are at least thirteen (13) years of age or that you 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 that you are at least the legal age of majority in your jurisdiction to use or engage with the Platform. When you use or interact with the Platform, you confirm that you are of legal age to do so in your local area and that you are not prohibited by applying applicable law.

 Prohibited Content: You promise not to transmit any content forbidden by the Platform's rules. Included in the list of forbidden materials are the following:

• All forms of fraud, libel, defamation, scandal, threat, harassment, or stalking;
• Profanity, obscenity, lasciviousness, violence, prejudice, hatred, and discrimination based on race, gender, religion, nationality, handicap, sexual orientation, or age;
• Malicious software such as viruses, worms, Trojan horses, or other forms of pirated software;
• Any item, service, or advertisement that is prohibited in the jurisdiction in which it is received;
• Any material that includes or makes reference to individually identifiable health information that is covered by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act);
• The message does not contain any of the following items: - Any other material that is illegal under the laws of the country from where the communication is delivered.

There will be no class or representative arbitration between the parties hereto; each party will arbitrate any claims against the other on an individual basis. Furthermore, the arbitrator may not join the claims of more than one person or preside over any representative or class proceeding without the written consent of all affected parties.

 The existence, substance, or outcomes of any arbitration must remain confidential unless otherwise required by law or agreed upon in writing by all parties involved. Suppose any provision of this Section is considered unlawful, illegal, or unenforceable in any country. In that case, such holding shall not invalidate or render such provision unenforceable in any 

other jurisdiction. The parties agree to forego their right to a trial by jury if a lawsuit is filed in court rather than resolved through arbitration. If your Agreement to participate in any of our Programs is ever terminated, this arbitration clause will remain in effect.

Florida Law

Our priority is to abide by the laws of Florida, namely the Florida Telemarketing Act and Florida Do Not Call Act. You agree that we can presume that you live in Florida if (1) your mailing address, as supplied, is in Florida or (2) the area code for the phone number used to opt into the Program is a Florida area code. If you do not meet either of these requirements or if you do not affirmatively advise us in writing that you are a Florida resident, you agree that the provisions of the Florida Telemarketing Act and Florida Do Not Call Act do not apply to you and that you shall not assert that you are a Florida resident. You acknowledge and agree that any mobile message sent by Us in direct response to a mobile message or request from You (including, but not limited to, response to Keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a "telephonic sales call" or "commercial telephone solicitation phone call" for purposes of Florida Statutes Section 501 (including, but not limited to, sections 501.059 and 501.616), to the extent the recipient is a resident of Florida.

 Miscellaneous 

You represent and warrant to Us that you have the legal right, power, and authority to enter into this Agreement and to perform your obligations hereunder and that your execution and performance of this Agreement and your obligations hereunder will not cause you to violate any other agreement or obligation to which you are a party. No delay or omission on the part of either party in exercising any right herein shall operate as a waiver of that or any other right. To the extent that any term of this Agreement is held to be unenforceable or invalid, such provision will be reduced or removed to the minimum extent required so that this Agreement would otherwise be in full force and effect and enforceable. Unless otherwise provided in writing, this Agreement shall apply to any additions to, modifications to, updates to, or enhancements to the Program. We may revise the terms of this Agreement at any time. You will be informed of any changes made to this Agreement. You understand that you must check this Agreement for modifications regularly. If you continue to use the Program after such modifications have been made, you indicate your acceptance of this Agreement as changed.