Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, MOBILE APPLICATION OR OTHER DIGITAL OR ONLINE APPLICATION OR SERVICE LINKED HERETO, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE, MOBILE APPLICATION OR OTHER DIGITAL OR ONLINE APPLICATION OR SERVICE.
This website, mobile application or other digital or online application or service is operated by Citizens for Mike Andrade (“Citizens for Mike Andrade”, “we,” “us” or “our”). These Terms of Service apply solely to your access to, and use of, the mikeandrade.com Website operated by Citizens for Mike Andrade and other Citizens for Mike Andrade Websites, mobile applications, or digital or online applications or services which link to these Terms of Service (collectively, the “Sites”). These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with Citizens for Mike Andrade for products, services or otherwise.
We reserve the right to change or modify any of the terms and conditions contained in the Terms of Service or any policy or guideline of the Sites at any time and in our sole discretion. Any changes or modifications to the terms and conditions will take effect immediately upon posting of the revisions on the Sites. You waive any right you may have to receive specific notice of such changes or modifications; your continued use of these Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable policies to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.
All questions or comments about the Sites or site content should be directed to [email protected]
2. COPYRIGHT AND LIMITED LICENSE.
Unless otherwise indicated on the Sites, the Sites and all content and other materials thereon, including, without limitation, Citizens for Mike Andrade’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Citizens for Mike Andrade or its licensors or users and are protected by U.S. and international copyright laws. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms of Service and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. This license is revocable at any time.
Any use of the Sites or the Site Materials other than as specifically authorized herein without the prior written permission of Citizens for Mike Andrade is strictly prohibited and will terminate the limited license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications statutes and regulations.
3. REPEAT INFRINGER POLICY.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Citizens for Mike Andrade has adopted a policy of terminating subscribers or account holders who are deemed to be repeat infringers, in appropriate circumstances as determined by Citizens for Mike Andrade in its sole discretion. Citizens for Mike Andrade may also, at its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
All logos and slogans contained in the Sites are trademarks of Citizens for Mike Andrade, its connects organizations, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of Citizens for Mike Andrade or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing ” Citizens for Mike Andrade” or any other name, trademark or product or service name of Citizens for Mike Andrade without Citizens for Mike Andrade’s prior written permission. In addition, the look and feel of the Site – including all page headers, custom graphics, button icons and scripts – is the service mark, trademark and/or trade dress of Citizens for Mike Andrade and may not be copied, imitated or used, in whole or in part, without Citizens for Mike Andrade’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise on the Sites does not constitute or imply endorsement, sponsorship, or recommendation thereof by Citizens for Mike Andrade.
You may not use a Citizens for Mike Andrade logo or other proprietary graphic of Citizens for Mike Andrade to link to these Sites without the express written permission of Citizens for Mike Andrade. Further, you may not use, frame or utilize framing techniques to enclose any Citizens for Mike Andrade trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Citizens for Mike Andrade’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Citizens for Mike Andrade or any third party.
Citizens for Mike Andrade makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of Citizens for Mike Andrade, and Citizens for Mike Andrade is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Citizens for Mike Andrade provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Citizens for Mike Andrade of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies will no longer govern your activity. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Sites.
6. THIRD PARTY CONTENT.
We may make third party information and other content available on or through the Sites (the “Third Party Content”) as a service to those interested in this information, and we may provide information regarding or access to third party products or services available on or through the Sites (“Third Party Products and Services”). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. Citizens for Mike Andrade does not control, endorse or adopt any Third Party Content or Third Party Products, and makes no representation or warranties of any kind regarding the Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that Citizens for Mike Andrade is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained in Third Party Products at their own risk.
7. LINKS TO AND INFORMATION ABOUT THIRD-PARTY SITES.
Citizens for Mike Andrade may provide information about or links to third-party organizations on the Sites. Your dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third party. Citizens for Mike Andrade is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party information on the Site. Furthermore, Citizens for Mike Andrade may provide links to original articles written and maintained by third parties. These links are provided as a convenience and do not imply a claim of ownership in that content.
You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or Citizens for Mike Andrade that are provided by you in the form of email or other submissions to Citizens for Mike Andrade, or any postings on the Sites, are non-confidential and shall become the sole property of Citizens for Mike Andrade. Citizens for Mike Andrade shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.
9. USER CONTENT AND INTERACTIVE SERVICES OR AREAS.
The Sites may include interactive areas or services (“Interactive Areas”), such as forums, blogs, chat rooms or message boards, or other areas or services in which you or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the Sites (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish to or through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, discriminatory, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, advertising, or solicitations;
- Private or personally identifying information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content which violates the terms of any Citizens for Mike Andrade guidelines, policies or rules posted on the Site or otherwise provided to you; and
- User Content that, in the sole judgment of Citizens for Mike Andrade, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Citizens for Mike Andrade or its users to any harm or liability of any type.
Citizens for Mike Andrade takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Citizens for Mike Andrade liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, profanity or other objectionable content you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at Citizens for Mike Andrade’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules. As a provider of interactive services, Citizens for Mike Andrade is not liable for any statements, representations, or User Content provided by its users in any Interactive Area.
Although Citizens for Mike Andrade has no obligation to do so, it reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Service and may result in, among other things, termination, or suspension of your rights to use the Interactive Areas and/or the Sites.
Except as otherwise provided, you retain ownership of all User Content you post on the Sites. However, if you post User Content to the Sites, unless we indicate otherwise, you grant Citizens for Mike Andrade and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, including without limitation in advertising, fundraising and other communications in support of Citizens for Mike Andrade and the issues, and causes it supports, without any right of compensation or attribution. You grant Citizens for Mike Andrade and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity.
10. REGISTRATION DATA; ACCOUNT SECURITY.
In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Citizens for Mike Andrade, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Citizens for Mike Andrade.
You agree to defend, indemnify and hold harmless Citizens for Mike Andrade, its affiliated organizations, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites, your use of the Interactive Areas, or any act or omission relating to the Sites or the User Content, including without limitation any actual or threatened suit, demand or claim made against Citizens for Mike Andrade and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Service or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CITIZENS FOR MIKE ANDRADE, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CITIZENS FOR MIKE ANDRADE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. CITIZENS FOR MIKE ANDRADE DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
CITIZENS FOR MIKE ANDRADE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE CITIZENS FOR MIKE ANDRADE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, CITIZENS FOR MIKE ANDRADE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
ANY LISTED PRICES FOR MERCHANDISE BEING OFFERED ON THE SITES IN EXCHANGE FOR A CONTRIBUTION TO CITIZENS FOR MIKE ANDRADE INCLUDE APPLICABLE SALES/USE TAX.
CITIZENS FOR MIKE ANDRADE IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OF OTHER USERS OF THE SITES.
Citizens for Mike Andrade reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Citizens for Mike Andrade.
3. LIMITATION OF LIABILITY.
IN NO EVENT SHALL CITIZENS FOR MIKE ANDRADE OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CITIZENS FOR MIKE ANDRADE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CITIZENS FOR MIKE ANDRADE’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CITIZENS FOR MIKE ANDRADE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CITIZENS FOR MIKE ANDRADE FOR ACCESS TO OR USE OF THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. Agreement to Arbitrate Disputes on an Individual Basis.
Notwithstanding any of these Terms of Service, at all times Citizens for Mike Andrade reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any of the remaining provisions.
17. CONTRIBUTION POLICIES.
All contributions to Citizens for Mike Andrade through the Sites must be made from a contributor’s own funds, not funds provided to the contributor by another person.
Contributions to Citizens for Mike Andrade are not deductible for federal income tax purposes. Funds received in response to any solicitation will be subject to contribution limits and source prohibitions. The law requires us to use our best efforts to collect and report the name, mailing address, occupation, and name of employer of individuals who contribute.
18. CONTRIBUTION REFUND AND CANCELLATION POLICY.
All contributions to Citizens for Mike Andrade are final. Refunds and cancellations may be given at the sole discretion of Citizens for Mike Andrade. If you believe that an error has been made in connection with your online contribution, contact us at [email protected] We will endeavor to work with you to correct any such error.
19. CONTRIBUTION CONFIRMATIONS.
All contribution confirmations will be sent via e-mail. It is your responsibility to provide a correct and valid e-mail address and other contact information.
20. MOBILE MESSAGES.
If you request to receive updates or other information by mobile phone or text message (the “SMS Service”) through the Sites, you expressly consent to receiving via your mobile device text messages, including text messages sent by an automatic telephone dialing system (“ATDS” or “autodialer”), from us or a third-party contractor we have retained for their expertise in initiating and transmitting text messages. We do not charge for this SMS Service; however, your carrier’s standard messaging, data and other rates and fees still apply to any messages you send, our confirmations, and all subsequent SMS correspondence and/or transmissions. At any time, you may text STOP to cancel or HELP for customer support information.
21. QUESTIONS & CONTACT INFORMATION.
Questions or comments about the Sites may be directed to Citizens for Mike Andrade at [email protected]
Modification of Terms: We reserve the right to revise these Terms from time to time. If we do revise these Terms, the revised terms will supersede prior revisions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. Any updates to these Terms shall be communicated to you by mobile message with a link to the updated Terms. Your continued participation in the Program after receiving notice of the updated Terms constitutes your acceptance of any revisions. If you do not agree to the revisions, you must opt-out of the Program.
User Opt-In: The Program allows users to receive mobile messages by affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply 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 these Terms, you agree to reply “STOP,” “QUIT,” “END,” “CANCEL,” “UNSUBSCRIBE,” or “STOP ALL” 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. [Alternatively, you may opt-out of the Program by calling (219) 249-4142 or by sending an email to [email protected]] 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 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. 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 the individual(s) who is 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, OUR AGENTS, AND ANY THIRD-PARTY SERVICE PROVIDER WE USE TO SEND TEXT MESSAGES HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING, BUT NOT LIMITED TO, 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 Our commercial activities and your relationship with Us, including, but not limited to, [messages concerning product advertisements and promotions of any kind, your account information, and your orders] from Us.
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 (219) 249-4142 or email Us at [email protected] 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 User Opt-Out 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 the Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Our control. Twilio is not liable for delayed or undelivered mobile messages.
Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program 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), 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 Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Program.
Truthful and Accurate Information: When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.
Our Warranty: 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. Twilio is not liable for delayed or undelivered mobile messages.
Information We Collect and How We Use It: [The personal information We may collect, includes your name, phone number, email address and certain marketing preferences. We may also collect data with respect to confirmation that a message has been delivered to you, confirmation that you have read a message, and related information. We may use the information for the following business purposes: (1) provide the Program and related customer service; (2) deliver information about Our products, services and promotions, (3) improve the Program and services, (4) prevent fraud and comply with law, and (5) protect the security of Our systems. We may combine the personal information We obtain through your participation in the Program with offline or other online personal information We retain about you. ]
When We Share Your Information: We do not sell, rent, loan, trade, lease or otherwise transfer for profit any phone numbers or personal information collected or received through the program to any third party.] However, We may share your personal information with the third-party text messaging platform provider or other trusted service partners as may be necessary to send you messages under the Program and these Terms. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property.
Contact Us: To exercise any of your rights related to your personal information, please contact us using one of the following methods:
- Call us at (219) 249-4142;
- Visit us at https://www.mikeandrade.com/;
- Send us an email at [email protected]; or
- Write to us at PO Box 3279, Munster, IN 46321.
California Residents. Beginning January 1, 2020, if You are a California resident, as defined in Section 17014 of Title 18 of the California Code of Regulations, You have certain rights with regard to your personal information. This section describes those rights and explains how to exercise those rights.
Access to Information. You have the right to request that We disclose certain information to you about Our collection and use of your personal information over the past 12 months. Upon receipt of a verifiable request, we will provide you access to personal information We have collected about you or disclose to you the categories of personal information We have collected, the categories of sources from which We obtained that information, and how We have used or shared that information.
Right to Request Deletion. You also have the right to request that We delete any of your personal information that We collected from you and retained, subject to certain exceptions as allowable by law. You understand that We may deny your deletion request as provided by law, including, but not limited to, retaining the information if it is necessary for Us to:
- Complete the transaction for which We collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of Our ongoing business relationship with you, or otherwise perform Our contract with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug products or identify and repair errors that impair existing intended functionality;
- Comply with a legal obligation, including, but not limited to, preserving evidence demonstrates our compliance with the Telephone Consumer Protection Act (“TCPA”) during the statute of limitations period applicable to the TCPA; and/or
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
To exercise any of your rights related to your personal information, please contact us using one of the methods indicated in the “Contact Us” section above.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and our third-party text messaging platform provider, or between you and any other third-party service provider acting on Our behalf to transmit the mobile messages related to the Program Description set forth above, arising out of or relating to federal or state statutory claims, common law claims, these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including, but not limited to, 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 Munster, IN 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 Our principal 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 (5) 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, either 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 these Terms 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 these Terms unless explicitly stated otherwise in writing.