FREEZBONE MESSAGING TERMS & CONDITIONS – LAST UPDATED 1-17-2023
USER OPT IN.
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Freezbone, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing text messages is not a condition of any purchase. 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. Message frequency varies.
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 acknowledge that our text message platform may not recognize and respond to 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 to the command, and agree that Freezbone and its service providers will have no liability for failing to honor such requests. 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.
OTHER TERMS AND POLICIES.
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of our products. Messages may include checkout reminders.
MESSAGE FREQUENCY, COST AND CHANGES. MESSAGE AND DATA RATES MAY APPLY.
You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.
The Program is offered on a subscription basis and may be subject to fees. You agree to pay all fees associated with your use of the Program. We reserve the right to change its fee structure and to institute new fees at any time, upon notice to you.
For support regarding the Program, text "HELP" to the number you received messages from or email us at email@example.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.
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
DISCLAIMER OF WARRANTY.
- The mobile messaging program is provided on an "as is" and "as available" basis without any representations or warranties of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the mobile messaging program will be error-free or uninterrupted.
- Freezbone does not warrant that the mobile messaging program will meet your requirements or that the operation of the mobile messaging program will be uninterrupted or error-free.
- Freezbone does not warrant that the mobile messaging program or the servers that make the mobile messaging program available are free of viruses or other harmful components.
- Freezbone does not warrant or make any representations regarding the use or the results of the use of the mobile messaging program in terms of their correctness, accuracy, reliability, or otherwise.
- Freezbone makes no representations or warranties of any kind, express or implied, as to the operation of the Program or the information, content, materials, or products included on the Program
- Freezbone makes no warranty or representation that the mobile messaging program will comply with any laws or regulations that may apply to you or your use of the mobile messaging program.
- Freezbone makes no warranty or representation that the mobile messaging program will not infringe any third-party rights.
- You understand and agree that the Program 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 always subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
- Freezbone will not be liable to you or any third-party under any circumstances for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use of the mobile messaging program or any other matter relating to the company, even if Freezbone has been advised of the possibility of such damages.
The Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Freezbone, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
- This Program is a service of Freezbone, located at 2005 Southeast 10th Ave,Fort Lauderdale FL 33316, United States.
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. 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.
- 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.
- You agree to use the Program only for lawful purposes and in accordance with these Terms. You agree not to use the Program to send or receive any messages that are harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that contain viruses, Trojan horses, worms, time bombs, cancelbots, or any other similar harmful or deleterious programming routines.
LIMITATION OF LIABILITY
- In no event shall Freezbone be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use of the mobile messaging program or any other matter relating to the company, including but not limited to, loss of revenue or anticipated profits, loss of business, loss of data, or damage to reputation, whether in contract, tort (including negligence), strict liability or otherwise, even if Freezbone has been advised of the possibility of such damages.
- In no event shall Freezbone's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you, if any, for accessing the mobile messaging program.
- Freezbone shall not be liable for any damages resulting from the use of or inability to use the mobile messaging program, including but not limited to, damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the mobile messaging program, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
- Freezbone shall not be liable for any errors, omissions, or inaccuracies in the content of messages sent through the mobile messaging program, or for any loss or damage of any kind incurred as a result of the use of any content sent through the program.
- Freezbone shall not be liable for any unauthorized access to, alteration of, or use of user's account, including but not limited to, unauthorized access to user's account by third parties.
- Freezbone shall not be liable for any failure to store or transmit messages through the mobile messaging program, including but not limited to, technical malfunctions, system capacity limitations, and network outages.
- Freezbone shall not be liable for any injury or illness to a customer's pet that may result from the consumption of our products, including but not limited to, injuries or stomach illnesses and diarrhea. You are solely responsible for determining the suitability of our products for your pet and for supervising your pet while using our products.
- By purchasing and using any products from our store, you agree to hold our store and its employees harmless from any and all liability and future claims and costs (Including reasonable attorney fees) arising from injury or illness that may occur as a result of your pet ingesting said products. You acknowledge that it is your responsibility to supervise your pet's use of the products and to ensure that your pet does not ingest them. Freezbone hereby disclaims any liability from any damages, including but not limited to, injury or illness to the pet, resulting from the use of our products
- Freezbone will comply with all applicable laws and regulations related to data protection, including but not limited to, the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR).
- Freezbone will implement and maintain appropriate technical and organizational measures to protect your personal information from unauthorized access, alteration, disclosure, or destruction.
- You have the right to access, correct, and delete your personal information. You also have the right to request that we limit the use of your personal information, and to request that we transfer your personal information to another organization.
- If you have any questions or concerns regarding our data protection practices, please contact us at (Company's email or phone number) or alternatively, visit our location at 2005 Southeast 10th Avenue 405, Fort Lauderdale FL 33316, United States.
In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. 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 Fort Lauderdale , FL before one arbitrator. No class actions. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND Freezbone ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the "FAA"). 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 Freezbone Company’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 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. Notwithstanding anything to the contrary in this Agreement, if Freezbone makes any future change to this arbitration provision, you may reject the change by sending Us written notice within 30 days of the change to 2005 Southeast 10th Avenue 405, Fort Lauderdale FL 33316, United States, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Freezbone.
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.
- Freezbone shall not be liable for any failure or delay in performance of its obligations under these terms and conditions if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, pandemics, epidemics, lockouts, riots, acts of terrorism, natural disasters, power outages, communication failures, and government actions (each a "Force Majeure Event").
- In the event of a Force Majeure Event, Freezbone may, at its discretion, take such actions as it deems necessary or appropriate to minimize the impact of the Force Majeure Event on its ability to perform its obligations under these terms and conditions, including but not limited to, suspending or terminating the mobile messaging program.
- In the event that a Force Majeure Event continues for a period of more than sixty (60) days, Freezbone may terminate these terms and conditions upon written notice to You."
Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are 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 law is otherwise relevant and applicable.
Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.
Oklahoma: We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to Program, the area code for the phone number used to opt-into the Program is an Oklahoma area code. You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by sending written notice to Us. Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are 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 Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the 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 the terms of 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. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. 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.