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text messaging program terms (U.S.)

Malin+Goetz Inc. (“Malin+Goetz,” “we,” “us,” or “our”) offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Text Messaging Program Terms (the “Agreement”). By opting into or participating in the Program, you accept and agree to this Agreement. This Agreement includes the Terms & Conditions and Privacy Policy, each of which is incorporated by reference herein.

User Opt-In. The Program allows users to receive Short Message Service (“SMS”) / Multimedia Messaging Service (“MMS”) mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program and you acknowledge and agree that your information may be shared with third-party service providers who help us administer the Program. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an auto-dialer, 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 or auto-dialer. Message and data rates may apply. Consent to receive marketing text messages is not required to purchase any goods or services.

User Opt-Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile marketing message from Malin+Goetz 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 also understand and agree that any other method of opting out, including, but not limited to, texting words other than the word STOP or verbally requesting that one of our employees remove you from our list, is not a reasonable means of opting-out.

Duty to Notify and Indemnify. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Malin+Goetz of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Malin+Goetz, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and Agreement shall survive any cancellation or termination of your agreement to participate in the Program. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, 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 the marketing and sale of products, services, and events, as well as shopping cart reminders and information about your current orders.

Cost and Frequency. Message and data rates may apply. Please check with your wireless carrier for details. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Malin+Goetz.

MMS Disclosure. The Program will send SMS terminating messages (“TMs”) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty. THE PROGRAM IS OFFERED ON AN “AS-IS” AND “AS AVAILABLE” 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 Malin+Goetz’ control.

Participant Eligibility and Requirements. To enroll in the Program, you must be 18 years of age or older. 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 wireless carriers provide the necessary service to participate. Check your device capabilities and wireless carrier for specific text messaging instructions.

Changes. We may update this Agreement at any time, and we will post the updated version of this Agreement to our website. You understand and agree that you will be deemed to have accepted the updated Agreement by your continued enrollment and/or participation in the Program after the updated Agreement is posted. As applicable, we may also notify you of material changes to this Agreement via email, text message, or another communication method we deem reasonable.

Termination. Malin+Goetz may suspend or terminate your participation in the Program if we believe you are in breach of this Agreement or our Terms & Conditions or have violated the law. Your participation in the Program is also subject to termination in the event your wireless carrier service terminates or lapses. Malin+Goetz reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Program, with or without notice, and for any reason or no reason.

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