LEVEL 3 TEK, LLC provides Point-Of-Sales solutions and marketing campaigns including mobile messaging programs (the “Program”) to the merchant operated under the business entity, [#Salon_name_here]. LEVEL 3 TEK, LLC and [#Salon_name_here], and our subsidiaries and affiliates, as well as any other person or entity providing any Service, Applications or Content to you from us, or on our behalf, hereunder referred to as “We”, “Us”, “Our”, will periodically send mobile text messaging Programs to you, which hereinafter referred to as the “Customer”, who agrees to use and participate in subject to the Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service or Product shall be subject to this 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. If you do not agree with this Agreement, you must immediately cease using the Services that you have received and contact us as provided.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 you, as the customers to receive SMS 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” to any mobile message from US or notify [#salon_name_here] representative in person or contact [#Salon_phone_number] in order to opt out of the Program at any time. 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 the [#salon_name_here] 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 payment receipts, service appointment bookings / reminders / updates / cancellations, and marketing such as, but not limited to, loyalty promotion, birthday promotion, special random promotion offers, etc…
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, email us at info@level3tek.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.
LEVEL 3 TEK Disclaimer of Warranty: LEVEL 3 TEK is solely a facilitator of the message traffic and has no visibility into or control over individual Messages as they are transmitted through LEVEL 3 TEK and has no responsibility or liability with respect to the content of any individual Message. Except that LEVEL 3 TEK may use programmatic means to filter (pre-screen) messages due to message keywords that LEVEL 3 TEK has determined, in its sole description, may violate an applicable rule, regulation, or law. You understand that all information, data, text, graphics, audio, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the [#Salon_name_here] from which such Content originated. This means that [#Salon_name_here], and not LEVEL 3 TEK, is entirely responsible for all Content that is transmitted or otherwise made available via the Program. LEVEL 3 TEK does not control the Content posted via the Program and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will LEVEL 3 TEK be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content emailed, transmitted or otherwise made available via the Program. To the extent permitted by law, LEVEL 3 TEK disclaims any warranties or representations, express or implied, including any warranties of merchantability or fitness for a particular use. This Program offered to you by [#Salon_name_here] could include inaccuracies, other errors, or may not function in the manner you anticipated. Furthermore, LEVEL 3 TEK is not responsible for circumstances beyond our control, including, without limitation, acts or omissions of others, atmospheric conditions, or acts of god. LEVEL 3 TEK does not promise error-free service. 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, service, software, coverage or other changes made by your wireless carrier. LEVEL 3 TEK will not be liable for any delays or failures in the receipt of any sms messages as delivery is subject to the effective transmission from your network operator.
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. You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Program’s registration form (Such information being the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LEVEL 3 TEK has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LEVEL 3 TEK has the right to suspend or terminate your account and refuse any and all current or future use of the Program (or any portion thereof).
Age Restriction: In consideration of your use of the Program, engaging with the Platform, you acknowledge and agree that you are of legal age to form a binding contract and are not a person barred from receiving the service under the laws of the United States or other applicable jurisdiction.You may not use or 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.
LEVEL 3 TEK Privacy Policy. Registration Data and certain other information about you are subject to our Privacy Policy. For more information, please review our full privacy policy at www.level3tek.com/privacy-policy. You understand that through your use of the Program you consent to the collection and use (As set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by LEVEL 3 TEK and its affiliates. LEVEL 3 TEK may reasonably use your name and logo for its investor relations and marketing purposes.
Prohibited Content: [#Salon_name_here] and you will not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity.
- Upload, post, text message, email, transmit or otherwise make available any illegal contests or gambling, unsolicited or unauthorized advertising, promotional materials, “Junk mail”, “Spam”, “Chain letters”, “Pyramid schemes” or any other form of solicitation.
- Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Program.
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age.
- Upload, post, text message, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any mobile telephone, mobile device, computer software or hardware or telecommunications equipment;Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received.
- Harvesting, or otherwise collecting information about others, without their consent.
- 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).
- Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers.
- Interfering with, or disrupting, networks connected to the Program or violating the regulations, policies or procedures of such networks.
- Interfering with another’s use of the Program or LEVEL 3 TEK Sites, or engaging in any other activity that LEVEL 3 TEK believes could subject it to criminal liability or civil penalty/judgment.
- 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 [#Salon_name_here] 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 the state of Texas, USA 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 LEVEL 3 TEK, LLC 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.
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