


MARKETING EMAIL & SMS
TERMS AND CONDITIONS
&
PRIVACY POLICY
PLEASE READ BELOW
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You trust us with your personal information, so we strive to always be clear and honest about how and why we will use it.
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Read more about what we collect, along with your choices and rights.
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OUR COMMITMENT TO YOU
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Our goal is to maintain your trust and confidence by handling your personal information with respect and putting you in control.
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It’s important that you know what personal information we collect and how we use it. We’ve done our best to make our explanations short and easy to understand.
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PRIVACY NOTICE
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Our Privacy Notice has been designed with you in mind. How the notice applies to you will depend on the way in which you interact with us. For example, if you:
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1. Purchase a custom program from us, we will use the information you provide to fulfill both our and Partner’s (coaches, nutritionists, etc) obligations to you in delivering that service, and, where permitted, keep you up to date about other offers we have that may be of interest to you.
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2. Agree to receive information via one of our forms, we will use that information to respond appropriately to your request and keep you informed of other potential resources we hacve available.
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3. Browse our sites, we use cookies to tailor your experience and provide a seamless experience.
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Your choices and rights for each scenario are explained in more detail below.
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SUMMARY
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What information we have & where we get it.
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We collect and store different types of information when you submit a application, buy a program, contact us, and use our websites, apps and social media. Learn More
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How we use your information & why
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We collect and use your information for lots of reasons such as helping you get information you need or have requested, sharing new offers and programs, for marketing and as otherwise required by law. Learn More
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Your choices & rights
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Among other rights, you can choose whether to receive marketing from us. You also have the right to access the information we have about you. Learn More
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Looking after your information
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We’re always taking steps to make sure your information is protected and deleted securely when we no longer need it. Learn More
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WHAT INFORMATION WE HAVE & WHERE WE GET IT
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When we collect your personal information, we store it in our customer databases, such as our training platforms to manage your program, our payment platforms to process your orders, our customer services platforms to manage any queries you have, and our marketing system in order to be able to communicate with you, subject to your choices.
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Given the global nature of our business some of the products and services we offer may differ and not be available in the country where you have an account.
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When you submit an application and purchase a program.
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When you submit an application, purchase a program, request information, we will collect information directly from you. Depending on the service we are providing, this may include your contact and billing information, such as your name, street address, zip or post code, email, phone number and credit card.
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When you purchase a program from third parties.
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When you purchase a program from third-party e-commerce sites, the third party will send us information such as your contact and billing details and information about your program purchase for us to allocate your program to you.
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When using our websites and apps.
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When you use our websites or apps, we may use tracking tools like browser cookies and web beacons and technology like GPS and Wi-Fi to passively collect data about you, such as the browser and device you're using, your IP address, your location, the site you came from, what you did and didn't use our site/app for, or the site you visit when you leave us.
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When you contact us.
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When you contact our teams with a query or provide us with feedback, we record that interaction for evidentiary purposes and to provide support related to your query.
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When you use social media and online public forums.
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When you use a social media feature within our website or apps, post to social media platforms, or post on a public space or on one of our websites, the social media site may provide us with some information about you.
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HOW WE USE YOUR INFORMATION & WHY
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This section explains how we use your information and the legal grounds/purposes for which we use it.
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1.For the performance of our contract with you
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When you make purchases. We use your information when you enter a contract or transaction with us (for example to buy a program or a service) so we can:
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-process your order
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-send you customer service emails including confirmations and reminders
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-take payment
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-provide you with customer support.
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Partner(s). To share with Partner(s) who provide services for the program such as coaches or nutritionists to enable them to run the program, allocate resources or notify you if there has been a change to the program or provide important information.
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Contest, Competitions and Referrals. We may use your information to confirm your registration for an event or contest. You may give us your friend's information, for example via our referral service to tell a friend about our website or to purchase a program.
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We will only use your friend's information to provide services you requested. Your friend may contact us to ask us to delete their information.
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2. For our legitimate business interests
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Marketing. In line with what is stated below and where local laws permit, to contact you with information or offers regarding upcoming programs, products or services (applicable to markets that rely on legitimate interest) this may be via email, via push and web notifications, via SMS, or social media platforms. You can change your marketing preferences at any time
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Advertising & cookies. In line with what is stated below and where local laws permit, to deliver tailored advertising and marketing communications on our websites and apps depending on your market
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Market research & fan feedback. To conduct market research and analysis which helps improve and customize our products and services and to contact you with satisfaction surveys, or to participate in user research (such as focus groups). We include an unsubscribe option for this kind of contact should you no longer wish to receive them.
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Personalization. To make sure our messages and website are relevant to you (depending on your market). For example, when you ‘show interest’ in certain programs and routines, purchase a service, and submit applications, we will inform you about similar programs we think you might be interested in. We create a user profile with the information we have and how you use our services.
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3. Where you’ve given your consent
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Marketing. Where local laws permit, to contact you with information or offers regarding upcoming programs, products or services (applicable to markets that rely on consent) – this may be via email, push and web notifications, SMS, or social media platforms. You can change your marketing preferences at any time
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Advertising & cookies. Where local laws permit, to deliver tailored advertising and marketing communications on our websites and apps, depending on your market
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Commercial Partners. We sometimes work with Commercial Partners who we share data with. These are third party data controllers that we work with to provide additional value-add services, such as our nutrition packages, marketing or exclusive deals. In some circumstances, where sharing is not necessary for us to perform the contract you have requested, we will request your permission.
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4. To protect your vital interests
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Health and Safety. Any information collected by us or our third-party partners in compliance with applicable health and safety requirements will only be used to contact attendees or shared with relevant local, government officials. This information is regularly deleted.
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Disclosures under law.
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We may share information to respond to a court order or subpoena. We may also share information with a government agency or investigatory body as permitted or required by law. We may also share information when we are investigating potential fraud.
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Successors.
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We may share information with any successor to all or part of our business. For example, if part of our business is sold, customer data may be given as part of that transaction.
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We may share your information for reasons not described in this policy. We will tell you before we do this.
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YOUR CHOICES & RIGHTS
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Your rights and choices may differ depending on the country where you are accessing our services from. These have been split out below. To request information and/or purchase a program, users must first create a application and provide personal information. This helps us better serve you and issue digital goods. By choosing not to provide your information when creating an account, you won’t be able to purchase and access digital goods or services.
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1. Your choices
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Where you have given us your consent (applicable to our markets that rely on consent), you can withdraw it by doing the following:
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To stop receiving our marketing you can follow the unsubscribe instructions in any of the emails we send you or contact us and we will do it for you.
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To opt out of the use of cookies and tracking tools. This can also be done my updating your preferences in the cookie management tool on any of our websites and apps.
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Where we have relied on a legitimate interest (applicable to our markets that rely on consent), you can object to it by doing the following:
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To object to receiving our marketing you can follow the unsubscribe instructions in any of the emails we send you or contact us and we will do it for you.
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To object to personalization you can change your preferences within your account. If this option is not available, you can contact us and we will do it for you.
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To object to being contacted as part of user feedback, you can unsubscribe through the mechanisms in the messages to you or contact us and we will do it for you.
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2. Your rights
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As a global company, our users are located all over the world, depending on your market there are specific laws and regulations around privacy rights
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LOOKING AFTER YOUR INFORMATION
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We have security measures in place to protect your information. The security measures we use will depend on the type of information collected. If you think that an unauthorized account has been created using your name, contact us. We are not responsible for third party websites and apps. If you click on a third-party link, you will be taken to websites we do not control. This policy does not apply to the privacy practices of those websites. Read the privacy policy of other websites carefully. Our site may also serve third-party content that contains their own cookies or tracking technologies.
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How long do we retain your personal information?
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Your Account.
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Your account is your digital identity with IBEX Fit; it is how we ensure your purchases are secure and connected to an individual. It is also the primary basis for determining how long we keep your information.
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Whenever you purchase a program, submit an application or interact with us, we log this activity. So long as your account remains active we will continue to retain the information we have processed about you.
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Your information will be deleted if you either
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(1) request deletion of your account, in which case your account and associated information will be deleted within a maximum of 90 days depending on the timeframes required by your local laws; or
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(2) your account has 7 years’ of inactivity.
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Aside from this account-based rule, the retention of your information is also determined on the following bases:
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To provide you with the services you have requested. For example, when you purchase programs or services from us, we cannot delete your account while you have an upcoming program, as you would not be able to use the service you have purchased.
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When a law requires us to retain your information. For example, we retain certain purchase information for accounting and tax purposes even after you have deleted your account.
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Safety & Security. We also maintain limited information in separate databases to keep our platforms safe and secure, such as to detect and prevent fraud, to power cyber security protections and to enforce our terms and any attempt to circumvent them.
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When our retention periods are triggered, we either:
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Securely delete the information; or
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We anonymize the information. For example, where we would like to report on year-on-year sales, we retain the sales information, but remove any information linking the sales back to individuals who made the purchases.
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Data Transfers
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As a part of a global group of companies headquartered in the United States, we may need to transfer your information outside of your country of residency. This occurs where:
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We rely on shared services provided by the IBEX Fit group of companies, some of which may be located outside of the country where you are resident.
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When transferring information, there are strict rules in place to ensure your data is still protected to the highest standard. Where we do this, we will ensure that appropriate safeguards are put in place. Where your information is transferred outside of your local market, we use contractual measures and internal mechanisms requiring the recipient to comply with the privacy standards of the exporter, we will use one of the mechanisms listed below.
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Contractual Clauses, such as the Standard Contractual Clauses approved by the European Commission and other Regulatory Bodies where applicable.
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Binding Corporate Rules
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Binding Corporate Processor Rules
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The data controller that processes your data depends on which market you have an account or subscription with.
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TERMS AND CONDITIONS
SMS Text Messaging Terms & Conditions
Please read these SMS/Text Messaging Terms & Conditions carefully.
By completing the SMS/Text Messaging Opt-In Form, you expressly consent to receive non-marketing and marketing text messages from IBEX Fit "AGENCY", including text messages made with an Auto dialer, at the mobile phone number(s) you provide.
You may opt-out of these communications at any time by replying STOP to any text message from AGENCY or by otherwise contacting the AGENCY as indicated below.
You can receive help at any time by replying HELP to any text message from the AGENCY or by otherwise contacting AGENCY as indicated below.
By completing the SMS text Messaging Opt-In Form, you also accept and agree to be bound by these SMS Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of AGENCY services. Program Description AGENCY offers its text messaging program whereby AGENCY, and any applicable service providers, will text message you to provide you with information concerning your account activity with AGENCY and other AGENCY products, services, and promotions (all of the foregoing the "AGENCY Program").
AGENCY and its service providers may, from time to time, use standard or an automatic telephone dialing system ("Auto dialer") to deliver text messages to you under the AGENCY Program. You agree that you will not use the AGENCY Program for any illegal or unlawful purposes. No coverage may be bound or amended via text message or the AGENCY Program. Message Frequency Under the AGENCY Program, the number of AGENCY text messages that you receive may vary depending upon your account activity and your communication with AGENCY.
Cost
AGENCY does not impose a separate fee for sending AGENCY text messages under the AGENCY Program. However, standard message and data rates may apply to each text message sent or received in connection with the AGENCY Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.
Supported Carriers;
Interruption The AGENCY Program should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The AGENCY Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the AGENCY Program are available on all equipment/mobile devices, or through all wireless carriers. AGENCY may, from time to time, in its discretion and without notice to you, limit the carriers that support the AGENCY Program. Certain other carriers may not support the AGENCY Program.
Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The AGENCY Program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of AGENCY's control, and AGENCY is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person's equipment/wireless device relating to or resulting from participating in or using the AGENCY Program. If the AGENCY Program is not available within your intended location, you agree that your sole remedy is to cease using the AGENCY Program.
How to Opt-In
To opt-in to receive text messages from AGENCY under the AGENCY Program, complete the SMS/Text Messaging Opt-In Form and submit it to AGENCY.
How to Opt-Out
To STOP receiving text messages from AGENCY, text STOP to the ten-digit long code from which the text messages are being sent. You will then receive confirmation of your opt-out of the AGENCY textmessaging program.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder's permission to enter the mobile telephone number(s) that you provide and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to date information with AGENCY regarding your use of the AGENCY Program, including, without limitation, notifying AGENCY in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify AGENCY in full for all claims, expenses, damages, and costs, including reasonable attorneys' fees, related to or caused in whole or in part by your failure to notify AGENCY if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. Privacy The Agency’s Privacy Policy is available on our website at www.tcins.com.
Support/Help
To request more information, text HELP to the ten-digit long code from which the text messages are being sent.
Eligibility
To receive AGENCY text messages or enroll in the AGENCY Program, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the AGENCY Program, and authorized to incur any mobile message or data charges incurred by participating. AGENCY reserves the right to require you to prove the foregoing to participate in the AGENCY Program.
Changes to this SMS/Text Messaging Terms & Conditions
AGENCY may revise, modify, or amend these IBEX Fit SMS/Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to AGENCY website. You agree to review these AGENCY SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive IBEX Fit text messages will indicate your acceptance of those changes.
Amendment;
Termination of Text Messaging
IBEX Fit may suspend or terminate your receipt of IBEX Fit text messages if IBEX Fit believes you are in breach of these IBEX Fit SMS/Text Messaging Terms & Conditions. Your receipt of IBEX Fit text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. IBEX Fit reserves the right to modify or discontinue, temporarily or permanently, all or any part of IBEX Fit text messages and the IBEX Fit Program, for any reason, with or without notice to you.
Release:
No Warranties;
Limitation of Liability By participating in the AGENCY Program, you agree to release and hold harmless AGENCY and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys' fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the AGENCY, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.
THE AGENCY PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. AGENCY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
In no event shall AGENCY be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the AGENCY Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney's fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty.
To the extent this damage waiver is contrary to applicable law, your or any third party's maximum recovery for any losses or damages whatsoever arising out of or resulting from the AGENCY Program, or your use thereof, regardless of the theory of recovery, is $10.00.
Arbitration/Class Action Waiver
ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND AGENCY ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND AGENCY OR ANYONE ACTING ON YOUR OR AGENCY'S BEHALF, OR THE AGENCY PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES ("AAA RULES") BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR STATE OF CALIFORNIA PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND AGENCY INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE:
NO WARRANTIES; LIMITATION OF LIABILITY PROVISION. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. THIS PROVISION MUST CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § One et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ANY COURT HAVING JURISDICTION MAY ENTER ARBITRATOR. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS. EITHER PARTY TO THIS AGREEMENT MAY COMMENCE ARBITRATION PROCEEDINGS BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN THE STATE OF CALIFORNIA, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.
The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims, matters, and disputes between you and AGENCY alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.
Attorney Fees
In the event of any claim, matter, or dispute between you and AGENCY arising out of or relating in any way to these SMS/Text Messaging Terms & Conditions, any text messages between you and agency or anyone acting on your or AGENCY's behalf, or the AGENCY Program, AGENCY, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys' fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration related fees and expenses. Applicable Law The law of the State of CALIFORNIA including its statutes of limitations and without reference to any conflict of laws principles, shall be applied to any claim, matter, or dispute between the parties or when governing, constraining, or enforcing these SMS/Text Messaging Terms & Conditions, the AGENCY Program, or any text messages between you and AGENCY or anyone acting on your or AGENCY's behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.