Politique d’expédition
Program Description: Without limiting the scope of the Program, users that opt into
the Program can expect to receive messages concerning the marketing and sale of
digital and physical products, services, and events.
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 the number
you received messages from or email us at smokyhelpnow@gmail.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.
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 this Program. Delivery of mobile messages is subject to effective
transmission from your wireless service provider/network operator and is outside of
Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of
two-way messaging, be using a participating wireless carrier, and be a wireless
service subscriber with text messaging service. Not all cellular phone providers carry
the necessary service to participate. Check your phone capabilities for specific text
messaging instructions.
Age Restriction: You may not use of 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.
Prohibited Content: 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.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between
you and Us, or between you and Stodge, LLC 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 Las
Vegas, Nevada 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 SMOKY SUPPLIES principle place of
business is located, without regard to its conflict of laws rules. Within ten (10)
calendar days after the arbitration demand is served upon a party, the parties must
jointly select an arbitrator with at least five years’ experience in that capacity and
who has knowledge of and experience with the subject matter of the dispute. If the
parties do not agree on an arbitrator within ten (10) calendar days, a party may
petition the AAA to appoint an arbitrator, who must satisfy the same experience
requirement. In the event of a dispute, the arbitrator shall decide the enforceability
and interpretation of this arbitration agreement in accordance with the Federal
Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing
Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive
relief from a court. The decision of the arbitrator shall be final and binding, and no
party shall have rights of appeal except for those provided in section 10 of the FAA.
Each party shall bear its share of the fees paid for the arbitrator and the
administration of the arbitration; however, the arbitrator shall have the power to
order one party to pay all or any portion of such fees as part of a well-reasoned
decision. The parties agree that the arbitrator shall have the authority to award
attorneys’ fees only to the extent expressly authorized by statute or contract. The
arbitrator shall have no authority to award punitive damages and each party hereby
waives any right to seek or recover punitive damages with respect to any dispute
resolved by arbitration. The parties agree to arbitrate solely on an individual basis,
and this agreement does not permit class arbitration or any claims brought as a
plaintiff or class member in any class or representative arbitration proceeding. Except
as may be required by law, neither a party nor the arbitrator may disclose the
existence, content, or results of any arbitration without the prior written consent of
both parties, unless to protect or pursue a legal right. If any term or provision of this
Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity,
illegality, or unenforceability shall not affect any other term or provision of this
Section or invalidate or render unenforceable such term or provision in any other
jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration,
the parties hereby waive any right to a jury trial. This arbitration provision shall
survive any cancellation or termination of your agreement to participate in any of our
Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights,
power, and authority to agree to these Terms and perform your obligations hereunder,
and nothing contained in this Agreement or in the performance of such obligations
will place you in breach of any other contract or obligation. The failure of either party
to exercise in any respect any right provided for herein will not be deemed a waiver of
any further rights hereunder. If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or eliminated to the minimum
extent necessary so that this Agreement will otherwise remain in full force and effect
and enforceable. Any new features, changes, updates or improvements of the Program
shall be subject to this Agreement unless explicitly stated otherwise in writing. We
reserve the right to change this Agreement from time to time. Any updates to this
Agreement shall be communicated to you. You acknowledge your responsibility to
review this Agreement from time to time and to be aware of any such changes. By
continuing to participate in the Program after any such changes, you accept this
the Program can expect to receive messages concerning the marketing and sale of
digital and physical products, services, and events.
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 the number
you received messages from or email us at smokyhelpnow@gmail.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.
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 this Program. Delivery of mobile messages is subject to effective
transmission from your wireless service provider/network operator and is outside of
Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of
two-way messaging, be using a participating wireless carrier, and be a wireless
service subscriber with text messaging service. Not all cellular phone providers carry
the necessary service to participate. Check your phone capabilities for specific text
messaging instructions.
Age Restriction: You may not use of 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.
Prohibited Content: 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.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between
you and Us, or between you and Stodge, LLC 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 Las
Vegas, Nevada 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 SMOKY SUPPLIES principle place of
business is located, without regard to its conflict of laws rules. Within ten (10)
calendar days after the arbitration demand is served upon a party, the parties must
jointly select an arbitrator with at least five years’ experience in that capacity and
who has knowledge of and experience with the subject matter of the dispute. If the
parties do not agree on an arbitrator within ten (10) calendar days, a party may
petition the AAA to appoint an arbitrator, who must satisfy the same experience
requirement. In the event of a dispute, the arbitrator shall decide the enforceability
and interpretation of this arbitration agreement in accordance with the Federal
Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing
Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive
relief from a court. The decision of the arbitrator shall be final and binding, and no
party shall have rights of appeal except for those provided in section 10 of the FAA.
Each party shall bear its share of the fees paid for the arbitrator and the
administration of the arbitration; however, the arbitrator shall have the power to
order one party to pay all or any portion of such fees as part of a well-reasoned
decision. The parties agree that the arbitrator shall have the authority to award
attorneys’ fees only to the extent expressly authorized by statute or contract. The
arbitrator shall have no authority to award punitive damages and each party hereby
waives any right to seek or recover punitive damages with respect to any dispute
resolved by arbitration. The parties agree to arbitrate solely on an individual basis,
and this agreement does not permit class arbitration or any claims brought as a
plaintiff or class member in any class or representative arbitration proceeding. Except
as may be required by law, neither a party nor the arbitrator may disclose the
existence, content, or results of any arbitration without the prior written consent of
both parties, unless to protect or pursue a legal right. If any term or provision of this
Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity,
illegality, or unenforceability shall not affect any other term or provision of this
Section or invalidate or render unenforceable such term or provision in any other
jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration,
the parties hereby waive any right to a jury trial. This arbitration provision shall
survive any cancellation or termination of your agreement to participate in any of our
Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights,
power, and authority to agree to these Terms and perform your obligations hereunder,
and nothing contained in this Agreement or in the performance of such obligations
will place you in breach of any other contract or obligation. The failure of either party
to exercise in any respect any right provided for herein will not be deemed a waiver of
any further rights hereunder. If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or eliminated to the minimum
extent necessary so that this Agreement will otherwise remain in full force and effect
and enforceable. Any new features, changes, updates or improvements of the Program
shall be subject to this Agreement unless explicitly stated otherwise in writing. We
reserve the right to change this Agreement from time to time. Any updates to this
Agreement shall be communicated to you. You acknowledge your responsibility to
review this Agreement from time to time and to be aware of any such changes. By
continuing to participate in the Program after any such changes, you accept this