Terms and 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 CPB Little Reminders (CPB Lit Mind), 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 CPB Little Reminders (CPB Lit Mind) or by otherwise contacting CPB Little Reminders (CPB Lit Mind) at crystal@cpblitmind.com.. You can receive help at any time by replying HELP to any text message from the CPB Little Reminders (CPB Lit Mind) or by otherwise contacting CPB Little Reminders (CPB Lit Mind) at crystal@cpblitmind.com. 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 CPB Little Reminders (CPB Lit Mind) services.
DESCRIPTION
CPB Little Reminders (CPB Lit Mind) is a text messaging program whereby CPB Little Reminders (CPB Lit Mind), will text message you to provide you with daily reminders. To become eligible to use CPB Little Reminders (CPB Lit Mind) under this Agreement, you must review and accept the terms of this Agreement by clicking on the "SIGN ME UP" button on the CPB Little Reminders (CPB Lit Mind) website. CPB Little Reminders (CPB Lit Mind) may, from time to time, use standard or an automatic telephone dialing system ("Auto dialer") to deliver text messages to you under the CPB Little Reminders (CPB Lit Mind) subscription programs. CPB Little Reminders (CPB Lit Mind) may update the Terms of Service without notice. Any and all changes will be reflected on the CPB Little Reminders (CPB Lit Mind) website www.cpblitmind.com with the date that it has been updated.
CPB Little Reminders (CPB Lit Mind) does not guarantee that the services will not be faulty, and will take reasonable commercial effort to correct reported faults and restore the services as soon as practicable. In addition, CPB Little Reminders (CPB Lit Mind) does not ensure that every SMS or text message will be delivered. CPB Little Reminders (CPB Lit Mind) has the right to revoke access to any and all CPB Little Reminders (CPB Lit Mind) services if there is any breach of these Terms of Service or any actions that CPB Little Reminders (CPB Lit Mind) deems unacceptable.
The terms of this agreement will remain in force until the cessation, expiration, or termination of all of CPB Little Reminder (CPB Lit Mind) services.
FREQUENCY
Under the CPB Little Reminder (CPB Lit Mind) subscription program, the number of CPB Little Reminders (CPB Lit Mind) text messages that you receive may vary depending upon your subscription selection and your communication with CPB Little Reminders (CPB Lit Mind).
ELIGIBILITY
To subscribe and receive CPB Little Reminders (CPB Lit Mind) text messages, 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 CPB Little Reminders (CPB Lit Mind) subscription programs, and authorized to incur any mobile message or data charges incurred by participating. You acknowledge that CPB Little Reminders (CPB Lit Mind) is not responsible in any way for any charges (monetary or otherwise) that you incur or have caused to unwilling or willing participants of the CPB Little Reminders (CPB Lit Mind) service.
You also agree to only use the CPB Little Reminders (CPB Lit Mind) subscription service on willing parties that have requested and consented to receive automated text messages or any CPB Little Reminder (CPB Lit Mind) subscription service. You also agree to stop any CPB Little Reminders (CPB Lit Mind) subscription service upon request of receiving parties. You agree to take full responsibility for any legal ramifications that result from the use of CPB Little Reminders (CPB Lit Mind) service. You agree that any uses of the CPB Little Reminders (CPB Lit Mind) service have been initiated by you due to human interaction.
CHANGES TO SMS/TEXT MESSAGING TERMS & CONDITIONS
CPB Little Reminders (CPB Lit Mind) may revise, modify, or amend these Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to CPB Little Reminders (CPB Lit Mind) website. You agree to review these CPB Little Reminders (CPB Lit Mind) SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive CPB Little Reminders (CPB Lit Mind) text messages will indicate your acceptance of those changes.
TERMINATION OF SERVICE
CPB Little Reminders (CPB Lit Mind) may suspend or terminate your receipt of CPB Little Reminders (CPB Lit Mind) text messages if CPB Little Reminders (CPB Lit Mind) believes you are in breach of these CPB Little Reminders (CPB Lit Mind) SMS/Text Messaging Terms & Conditions. Your receipt of CPB Little Reminders (CPB Lit Mind) text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. CPB Little Reminders (CPB Lit Mind) reserves the right to modify or discontinue, temporarily or permanently, all or any part of CPB Little Reminders (CPB Lit Mind) text messages subscription program, for any reason, with or without notice to you.
INTELLECTUAL PROPERTY
Intellectual property rights in all software, information, technology, data, or design whatsoever supplied by CPB Little Reminders (CPB Lit Mind) under the Agreement will remain the property of CPB Little Reminders (CPB Lit Mind) or its licensors, and You agree to not copy, sell, modify, adapt, translate, reverse engineer, decompile, or disassemble or create deviated works of any services or software or other produces that form any part of CPB Little Reminders (CPB Lit Mind) services, or permit others to do so. Any intellectual property rights to any developments will be property of the developing party. Nothing in this Agreement or the services may be construed as grating, by implication, estoppel, or otherwise, any license or right to use any of CPB Little Reminders (CPB Lit Mind) trademarks displayed on the CPB Little Reminders (CPB Lit Mind) services, without our prior written consent, and as between Us, CPB Little Reminders (CPB Lit Mind) owns the goodwill generated from the use of the CPB Little Reminders (CPB Lit Mind) trademarks.
RELEASE: NO WARRANTIES; LIMITATION OF LIABILITY
By participating in the CPB Little Reminders (CPB Lit Mind) subscription programs, you will defend and handle at your own expense, indemnify and hold harmless CPB Little Reminders (CPB Lit Mind). You agree to release and hold harmless CPB Little Reminders (CPB Lit Mind) 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, costs of investigation and reasonable attorney and other third party fees and, to the extend permitted by law, fines and penalties in connected with or arising from (i) Your use of the services other than as expressly authorized in this Agreement, (ii) Your infringement of any third party intellectual property rights in connection with or arising form your use of CPB Little Reminders (CPB Lit Mind) service, (iii) any breach of this Agreement, and (iv) any claims arising from information, data, or messages transmuted by You using the CPB Little Reminders (CPB Lit Mind) service that CPB Little Reminders (CPB Lit Mind) contend comprise a violation of CPB Little Reminders (CPB Lit Mind) Acceptable Use Policy.
CPB LITTLE REMINDERS (CPB LIT MIND) SERVICE 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. CPB LITTLE REMINDERS (CPB LIT MIND) 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 CPB Little Reminders (CPB Lit Mind) be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the CPB Little Reminders (CPB Lit Mind) service, 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, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty.
COST, REFUNDS & PAYMENT TERMS
CPB Little Reminders (CPB Lit Mind) will not provide any refunds for subscription purchases made with CPB Little Reminders (CBP Lit Mind).
ACCEPTABLE USE POLICY
This Acceptable Use Policy describes actions that CPB Little Reminders (CPB Lit Mind) prohibits when any party uses CPB Little Reminders (CPB Lit Mind). CPB Little Reminders (CPB Lit Mind) may not be used in any illegal, abusive, or other manner that interferes with the business or activities of any other party. The following list gives examples of prohibited uses of CPB Little Reminders (CPB Lit Mind). This list is provided by way of example and should not be considered exhaustive. - Using CPB Little Reminders (CPB Lit Mind) in any manner that violates any applicable industry standards, third party policies or requirements that CPB Little Reminders (CPB Lit Mind) may communicate to its users, including without limitation, all of the application guidelines published by the CTIA, the Mobile Marketing Association, or any other accepted industry associations, carrier guidelines or other industry standards. - Engaging in any unsolicited advertising, marketing, or other activities, including, without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act. - Using CPB Little Reminders (CPB Lit Mind) in connection with any unsolicited or harassing messages (commercial or otherwise) including, but not limited to, unsolicited or unwanted SMS or text messages. - Using CPB Little Reminders (CPB Lit Mind) to engage in fraudulent activity with respect to third parties. - Violating or facilitate in the violation of any local or foreign law, including laws regarding the transmission of data or software. - Harvesting or otherwise collecting information about others, including email addresses or phone numbers, from the CPB Little Reminders (CPB Lit Mind) website without their express consent. - Improperly engaging in activity for which the United States Federal Communications Commission has restricted or regulated with regard to proper use of the public telephony network. - Exploiting vulnerabilities in the CPB Little Reminders (CPB Lit Mind) service that result in expenses or damages to CPB Little Reminders aka CPB Lit Mind.
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, CPB Little Reminders (CPB Lit Mind) subscription program, or any text messages between you and CPB Little Reminders (CPB Lit Mind) or anyone acting on your or CPB Little Reminders (CPB Lit Mind) 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.
CONTACT
If you have questions regarding these SMS/Text Messaging Terms & Conditions, you may reach us by email at crystal@cpblitmind.com.
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