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USRx® TEXT AND GLOW PROGRAM MOBILE MESSAGING
Last Updated November 23, 2020
USRx LLC (doing business as Urban Skin Rx and USRX) (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions (the “Program Terms and Conditions”) and Privacy Policy (collectively, the “Agreement”). By opting in to or participating in the Program, you accept and agree to these Program Terms and Conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We reserve the right, in Our sole discretion, to modify or replace these Program Terms and Conditions at any time. If material changes to the Program Terms and Conditions are made, the updated Program Terms and Conditions will be available here and/or notice of the changed Program Terms and Conditions may be sent to you via text.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, YOU UNDERSTAND THAT APPLICABLE LAW MAY REQUIRE US TO PROVIDE CERTAIN INFORMATION TO YOU IN WRITING IN CONNECTION WITH ANY CONSENT TO RECEIVE ADVERTISING AND TELEMARKETING TEXT MESSSAGES. BY OPTING-IN TO A MOBILE TEXTING PROGRAM INVOLVING THE PROVISION OF ADVERTISING AND/OR TELEMARKETING MESSAGES, YOU AUTHORIZE US TO PROVIDE THIS INFORMATION TO YOU ELECTRONICALLY INSTEAD OF IN A SEPARATE PAPER DOCUMENT. YOU UNDERSTAND THAT TO ACCESS AND RETAIN A COPY OF THIS INFORMATION, YOU WILL NEED: (I) A DEVICE (SUCH AS A COMPUTER OR MOBILE PHONE) WITH A WEB BROWSER AND INTERNET ACCESS; AND (II) AVAILABLE STORAGE SPACE ON THAT DEVICE TO DOWNLOAD A COPY OF THIS WEBPAGE OR A CONNECTED PRINTER TO PRINT A COPY OF THIS WEBPAGE. YOU UNDERSTAND THAT YOU MAY WITHDRAW THIS CONSENT OR REQUEST A FREE PAPER COPY OF THE INFORMATION BY EMAILING PRIVACY@URBANSKINRX.COM.
BY OPTING-IN TO OUR MOBILE TEXTING PROGRAM FOR THE RECEIPT OF ADVERTISING AND/OR TELEMARKETING, YOU GIVE YOUR SIGNATURE AUTHORIZING US TO SEND TEXT MESSAGES TO THE TELEPHONE NUMBER(S) YOU HAVE PROVIDED AND/OR USED TO OPT-IN, WITH INFORMATION AND NOTIFICATIONS FROM US AND ADVERTISING AND TELEMARKETING MESSAGES AND ASSOCIATED OFFERS. YOU AGREE THAT SUCH MESSAGES MAY BE PLACED WITH AN AUTOMATIC TELEPHONE DIALING SYSTEM (“ATDS” OR “AUTODIALER”), THOUGH THE FOREGOING SHALL NOT BE INTERPRETED TO SUGGEST TO IMPLY THAT ANY OR ALL OF OUR MOBILE MESSAGES ARE SENT USING AN ATDS. YOU UNDERSTAND THAT YOU ARE NOT REQUIRED TO SIGN OR ENTER INTO THIS AGREEMENT AS A CONDITION OF PURCHASING ANY GOODS OR SERVICES. 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 this Agreement, you agree to reply STOP 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 also understand and agree that texting words other than STOP is not a reasonable means of opting out.
Duty to Notify and Indemnify: You represent that you are the subscriber for or customary user of the wireless number that you provided in opting-in to receive text messages from Us and that you are authorized to approve any related charges for messaging and data applied by your wireless carrier. 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 and conditions. 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 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 any of our Programs. T-Mobile and AT&T provide daily files for phone numbers that have deactivated from their network or been ported from one carrier to another. We proactively opt-out deactivated numbers from our subscription list.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR RESPECTIVE AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, CONTRACTORS, CONSULTANTS, AND SUPPLIERS (“RELATED PARTIES”), SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES OF ANY KIND BASED ON BREACHES OF THESE PROGRAM TERMS AND CONDITIONS OR YOUR RELATIONSHIP WITH US, REGARDLESS OF THE TYPE OR BASIS OF THE CLAIM. IN NO EVENT, WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION RELATED TO THE PROGRAM OR THESE PROGRAM TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
YOU AGREE THAT MOBILE CARRIERS ARE NOT LIABLE FOR DELAYED OR UNDELIVERED MESSAGES.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM AND AGAINST ANY LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGEMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, EXPENSES OR LIABILITY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ALL REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO: (A) YOUR PARTICIPATION IN THE PROGRAM; (B) YOUR BREACH OF THESE PROGRAM TERMS AND CONDITIONS; (C) YOUR VIOLATION OF THE LAW OR ANY THIRD-PARTY RIGHT; OR (D) ANY ACTIVITY OTHERWISE RELATED TO YOUR PARTICIPATION IN THE PROGRAM (INCLUDING YOUR NEGLIGENT OR WRONGFUL CONDUCT).
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive recurring messages, the frequency of which may vary, that provide marketing information and promotional offers for customers, including discount coupons.
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 support@urbanskinrx.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 PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, AVAILABILITY, QUALITY OF SERVICE OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED, ERROR FREE, ACCURATE OR COMPLETE. YOU AGREE THAT ALL USE OF THE PROGRAM IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTY AS TO THE SECURITY OF YOUR COMMUNICATIONS. YOU HAVE THE SOLE RESPONSIBILITY TO SECURE YOUR COMMUNICATIONS.
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 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 Program, 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. We do not use an application or other mechanism to determine the age of Program participants. We will use commercially reasonable efforts to delete information associated with a participant under thirteen (13) years of age and a participant between the ages of thirteen (13) and eighteen (18) years of age without parent or legal guardian permission as soon as practicable if we learn that such a participant has submitted information to us.
Prohibited Content: You acknowledge and agree not to not send any prohibited content to Us through mobile messaging or through any other means. 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 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 Charlotte, North Carolina 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 USRX LLC’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 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 the Program.
Miscellaneous: You warrant and represent to Us that You have all necessary rights, power, and authority to agree to these Program Terms and Conditions 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.
Termination: We reserve the right, in Our sole discretion, to suspend or terminate Program at any time, in whole or in part, for any reason, with or without notice to You.
Entire Agreement: These Program Terms and Conditions, together with Our Privacy Policy, each as may be amended from time to time, constitute the entire agreement between You and Us regarding the Program. Neither the course of conduct between us nor trade practice shall act to modify these Program Terms and Conditions. If any provision of these Program Terms and Conditions is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Program Terms and Conditions and the remaining provisions will continue with full force and effect. No failure to exercise, and no delay in exercising, on the part of either party, any right or power under these Program Terms and Conditions will act as a waiver thereof, nor will a single or partial exercise of any right or power under these Program Terms and Conditions preclude further exercise of that or any other right under these Program Terms and Conditions. The Program Terms and Conditions, and any rights granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by Us without restriction. Any purported delegation, transfer or assignment by You shall be null and void.
