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Text Messaging Service Terms and Conditions

Ka’Chava (”we” or “us”) is offering a text messaging program (the “Service”) so that we can communicate more easily and effectively with our customers and consumers.  The text messaging service is optional; if you opt in, you will receive texts about our products and services under the terms and conditions described below (“Service Terms and Conditions”).   We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

User Opt In: You can opt into the Service in various ways, such as through online form or checkbox or clicking an icon.  Regardless of the opt-in method you use, by agreeing to participate in the Service, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, , even if your mobile number is registered on any state or federal Do Not Call list.   Without limiting the scope of the Service, users that opt into the Service can expect to receive messages concerning the marketing and sale of Ka’Chava’s products, goods, and services.  However, opting into the Service is not a condition for purchasing any product, good, or service from us.    

User Opt Out:  If you do not wish to continue receiving the Service or no longer agree to these Service Terms and Conditions, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Service.  You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the sending a reply of STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to a mobile message from us is the only method of opting out of the Service, and that any other action, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our Service list, is not a reasonable means of opting out.

Duty to Notify and Indemnify:  You agree that, if at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Service, including canceling your service plan or selling or transferring that phone number to another party, you will complete the Opt-Out process described 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 Service Terms and Conditions.  You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, 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 Services.

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, et seq., 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.

 

Cost and Frequency:  We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider.  Check your mobile plan and contact your wireless provider for details about text messaging charges, as message and data rates may apply. The Service involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

Support Instructions: For support regarding the Service, text “HELP” to the number you received messages from or email us at support@kachava.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 Service will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Service 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 Service. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.   We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such 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 or engage with the Service if you are under thirteen (13) years of age.  If you use or engage with the Service 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 Service, 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 Service, or are of adult age in your jurisdiction.  By using or engaging with the Service, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Service.

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 Service, arising out of or relating to federal or state statutory claims, common law claims, these Service Terms and Conditions, 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 State of Nevada, 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 Services.

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 Service Terms and Conditions 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 Service Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Terms and Conditions will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Service shall be subject to this Service Terms and Conditions unless explicitly stated otherwise in writing. We reserve the right to change this Service Terms and Conditions from time to time. You acknowledge your responsibility to review this Service Terms and Conditions from time to time and to be aware of any such changes. By continuing to participate in the Service after any such changes, you accept this Service Terms and Conditions, as modified.