PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING WWW.INMOVETH.COM (THIS “SITE”). YOUR USE OF THIS SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
These Terms and Conditions apply to all users of this Site and its associated services. This Site is developed, maintained and operated by In move Co,Ltd (“In move”).
Products, Content and Specifications.
All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. The prices displayed on this Site are quoted in BAT currency. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. In Move makes reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Shipping Limitations.
When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Accuracy of Information.
We attempt to provide complete, accurate and current information on this Site. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. In Move does not warrant or accept any responsibility or liability for the completeness, accuracy or currentness of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. In the event that a product is mistakenly listed at an incorrect price, In Move reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. If your credit card has already been charged for the purchase and your order is canceled, In Move shall issue a credit to your credit card account in the amount of the incorrect price. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Use of this Site.
This Site is expressly owned and operated by In Move. Unless otherwise noted, all text, graphics, information, content, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other material displayed on or that can be downloaded from this Site (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content are owned, controlled or licensed by or to In Move, and are protected by copyright, patent, trademark and various other intellectual property and unfair competition laws. All worldwide rights are reserved. This Site and its Content are intended solely for your personal, non-commercial use. Any use of this Site or its Content other than for personal, non-commercial purposes is prohibited. Content may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. You may not modify this Site or any part of this Site, including any Content, in any way, or copy, reproduce, republish, upload, post, encode, translate, transmit, publicly display, perform, distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You may download or electronically copy and print any of the Content displayed on this Site for your personal, non-commercial use. If you download, copy or forward via e-mail any part of the Content, no right, title or interest in those materials is transferred to you.
Promotional Offerings.
Certain offerings on this Site may contain additional legal terms. Your use of or participation in such offerings will be subject to the additional terms as well as these Terms and Conditions. To the extent such additional terms conflict with these Terms and Conditions, the additional terms shall control. In Move reserves the right to void, cancel or suspend any promotion at any time without notice.
Trademarks.
Некоторые товарные знаки, фирменные наименования, знаки обслуживания и логотипы, используемые или отображаемые на этом Сайте, являются зарегистрированными и незарегистрированными товарными знаками, фирменными наименованиями и знаками обслуживания компании In Move Co.Ltd. Другие товарные знаки, фирменные наименования и знаки обслуживания, используемые или отображаемые на этом Сайте, являются зарегистрированными и незарегистрированными товарными знаками, фирменными наименованиями и знаками обслуживания их соответствующих владельцев. Ничто на этом Сайте не предоставляет и не должно толковаться как предоставление, подразумеваемым образом, путем эстоппеля или иным образом, какой-либо лицензии или права на использование каких-либо товарных знаков, фирменных наименований, знаков обслуживания или логотипов, отображаемых на этом Сайте, без письменного разрешения компании In Move. Вы подтверждаете, что не приобретаете никаких прав собственности, загружая материалы, защищенные авторским правом. Вы не имеете права удалять, скрывать или изменять какие-либо уведомления об авторских правах, фирменные наименования, товарные знаки, знаки обслуживания, логотипы или другие отличительные элементы бренда или другие уведомления о правах собственности, размещенные на этом Сайте или содержащиеся в его содержимом.
Linking to this Site.
Creating or maintaining any link from another Web site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.
Third Party Links.
From time to time, this Site may contain links to Websites that are not owned, operated or controlled by In Move. All such links are provided solely as a convenience to you and do not represent the views of In Move or any individual associated with In Move. If you use these links, you will leave this Site. Neither we nor any of our respective affiliates: (i) monitor or review any third-party content or Web sites; (ii) are responsible for any content, materials or other information located on or accessible from any other Website; or (iii) endorse, guarantee, or make any representations or warranties regarding any other Web sites, their terms of use or privacy practices, any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Site, you do so entirely at your own risk. This Site also includes a tool that allows you to sign in or register using information from your account with a third party service, such as Facebook, Twitter, Pinterest, Google or Instagram. These third party services are unrelated to this Site and your use of such third party services is subject to the terms and policies of those services. This Site may also provide certain social media features that enable you to send e-mails or other communications with certain content or links to certain content on this Site. You may use these features solely as they are provided to us and solely with respect to the content they are displayed with.
Prohibited Actions.
You may not: (a) reproduce, publish, transmit, distribute, display, modify, reverse engineer, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of the Content, or this Site as a whole, or any related software; (b) use any data mining, robots or similar data gathering or extraction methods; (c) manipulate, duplicate or otherwise display this Site, Content or any portion thereof by using framing or similar navigational technology; (d) register, subscribe, unsubscribe or attempt to register, subscribe or unsubscribe any party for any Site product or service if you are not expressly authorized by such party to do so; or (e) use this Site or Content, including any of the features, tools and service on this Site, for any reason other than for its intended purpose, including to communicate with In Move or conduct any Inappropriate Activities, as defined below. You may not attempt to gain unauthorized access to any portion or feature of this Site, any other systems or networks connected to this Site, any In Move server, or any of the services offered on or through this Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of this Site or any network connected to this Site, nor breach the security or authentication measures on this Site or any network connected to this Site. You may not reverse look-up, trace or seek to trace any information on any other user or visitor of this Site, or any other customer of In Move, including any In Move account not owned by you, to its source. You may not exploit this Site or any service or information made available or offered by or through this Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by this Site. You agree that you will not take any action that intentionally imposes an unreasonable or disproportionately large load on the infrastructure of this Site or In Move’s systems or networks, or any systems or networks connected to this Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction being conducted on this Site or with any other person’s use of this Site. You may not use this Site (including any Content) to solicit the performance of any illegal activity or other activity that infringes the rights of In Move or others. You acknowledge that your failure to abide by these Terms and Conditions may subject you to civil and criminal liability.
Inappropriate Material.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, morally offensive, pornographic or profane material or any material that could constitute or encourage harassment or a criminal offense or give rise to civil liability, or otherwise violate any law (collectively, “Inappropriate Activities”). In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Account Security.
This Site allows you to register or obtain a password so that you may use certain services available on this Site. You are responsible for maintaining the confidentiality of your registration information and password, and for all account use, whether or not authorized by you. You agree to immediately notify In Move of any unauthorized use of your account or a breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the registration and Site. We have the right to provide user account, content or use records and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, our customers’ rights or our business).
User Information.
Other than personally identifiable information, which is subject to this Site’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, feedback or other communication you disclose, offer, submit, send, transmit or post to this Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. In Move and its affiliates are under no obligation to keep User Communications confidential. Personally identifiable information that you voluntarily post on any part of this Site that is viewable by the public is not subject to this Site’s Privacy Policy and is considered User Communications. We will have no obligation to use, return, review, or respond to any User Communications. You are and shall remain solely responsible for the content of any User Communications you offer or submit. In Move will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. You agree that all User Communications are truthful, that you have obtained the consent of anyone appearing in any User Communications with you, and that any User Communications will not infringe on or violate the rights of any person or entity. We may, but are not obligated to, monitor or review any User Communications. We, our parent, subsidiaries, affiliates, successors, assigns and our or their designees (as applicable) may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Communications, whether solicited or unsolicited, you agree that you are granting us, our parent, subsidiaries, affiliates, successors, assigns and our or their designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to communicate, publish, transmit, perform, display, create derivative works from, distribute, exploit and otherwise use such User Communications for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known, even if these Terms and Conditions are later modified or terminated, without any compensation to you. You agree to waive all moral rights in any User Communications in favor of In Move. In Move may, at its option and in its sole discretion, use, post, distribute, critique, a quote from, characterize and/or refer to your User Communications or any portion thereof.
Your Representations and Warranties.
By using this Site, you represent and warrant that (a) you are at least eighteen years old; (b) you have read and agree to abide by these Terms and Conditions; (c) you have read and agree to our Privacy Policy; (d) any information you submit to In Move is truthful and accurate; and (e) you will not use this Site or any content for any unlawful purpose or in violation of any applicable law.
DISCLAIMERS.
Your use of this website is at your own risk. In Move does not guarantee the uninterrupted and error-free operation of this website, the elimination of defects, or the absence of viruses or other harmful elements on the website or its server. This website, its content, and the services provided on or through this website are provided “as is,” with all faults and without warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights. Neither In Move nor its affiliates guarantee the accuracy, reliability, completeness, quality, or timeliness of any content or services provided on or through this website. The content or services provided on or through this website may be out of date, and neither In Move nor its affiliates make any warranty or representation that any content, goods, or services obtained through the site will meet your needs or expectations, nor do they assume any obligation to update such content or services. The above exclusions of implied warranties do not apply to the extent prohibited by law. Please check your local laws for any such prohibitions. All goods and services purchased on or through this website are subject only to the applicable warranties of their respective manufacturers, distributors, and suppliers, if any. Please check local laws for any such restrictions. All goods and services purchased on or through this website are subject only to the applicable warranties of their respective manufacturers, distributors, and suppliers, if any. To the fullest extent permitted by law, In Move hereby disclaims all warranties of any kind, whether express or implied, including any implied warranties regarding the products and services listed or purchased on or through this website. Without limiting the generality of the foregoing, we hereby expressly disclaim any liability for product defects or malfunctions, claims arising from normal wear and tear, misuse of the product, abuse, modification of the product, incorrect selection of the product, failure to comply with any regulations, or misappropriation. We do not provide any warranties to persons defined as “consumers.” The above exclusions of implied warranties do not apply to the extent prohibited by law. Please check your local laws for such prohibitions.
LIMITATIONS OF LIABILITY.
In Move is not responsible and will not be liable for any damage to your computer, telecommunications equipment, or other property caused by your access to, use of, or browsing of this site, or your downloading of any information or materials from this site, including, without limitation, any damage caused by viruses. Under no circumstances shall In Move, nor any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any licensor, supplier or any party involved in creating, producing or delivering this site, shall not be liable to you or anyone else for any direct, indirect, special, punitive, incidental, or consequential damages (including, but not limited to, damages for lost profits, lost data, or business interruption) arising out of the use, inability to use, or the results of use of this site.LIABILITY FOR DAMAGES ARISING ON THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, AND FOR THE CONTENT OR SERVICES CONTAINED ON ANY SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IF YOU HAVE ANY PROBLEMS WITH THIS SITE OR ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE.
Revisions to these Terms and Conditions.
These Terms and Conditions may be revised at any time and from time to time and such revisions shall be effective immediately upon notice to you, which notice may be provided by posting the revised Terms and Conditions on this Site. You should visit this Site from time to time to review the then-current Terms and Conditions because they are binding on you. Any use of this Site after notice of the revised Terms and Conditions shall constitute your acceptance of such changes. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Site.
Governing Law.
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CONNECTICUT (BOTH SUBSTANTIVE AND PROCEDURAL), WITHOUT REGARD TO CONFLICTS OF LAWS RULES. You irrevocably and unconditionally consent to the exclusive jurisdiction of the state and federal courts located in the state of Connecticut for any litigation or dispute arising out of or relating to your access to or use of this Site, these Terms and Conditions or our Privacy Policy.
Termination.
You or we may suspend or terminate your account or your use of this Site at any time, without notice, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
Health Related Information.
The information contained in this Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through this Site (including, but not limited to, information that may be provided on this Site by healthcare or nutrition professionals employed by or contracting with In Move) for diagnosing or treating a health problem or disease or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
Indemnity.
You agree to indemnify, defend and hold In Move and our parent company, affiliates and subsidiaries, officers, directors, employees, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, losses, liabilities, demands, penalties, actions, causes of action, suits, obligations and expenses, including damage awards, settlement amounts and reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Site, your connection to our Site, your violation of these Terms and Conditions or the Privacy Policy, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
Domestic Use; Export Restriction.
We operate this website from our offices located in Thailand. We make no representation that this website or its content (including, without limitation, any products or services available on or through this website) is appropriate or available for use in other locations. Users who access this website from outside Thailand do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. In addition, Thailand’s export control laws prohibit the export of certain technical data and software to certain territories. Downloading any content from this site in violation of Thailand law is prohibited.
Copyright Agent.
If you believe your copyrighted work is accessible on this Site in a way that constitutes copyright infringement, please provide the following information to the agent identified below: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this Site are covered by a single notification, a representative list of such works on this Site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit In Move to locate the material; (iv) Information reasonably sufficient to permit In Move to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries, please Contact Us.
General.
These Terms and Conditions and the Privacy Policy contain the entire understanding and agreement of the parties with respect to the subject matter contained in these Terms and Conditions. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision on our part. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or otherwise illegal, such provision shall be deemed severed, and the remaining provisions shall remain in full force and effect. Neither the conduct of the parties nor trade practice shall modify any of these Terms and Conditions or the Privacy Policy. You agree that regardless of any statute of limitations to the contrary, any claim or cause of action arising out of or related to the use of this Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred. In Move may assign its rights and obligations under these Terms and Conditions to any party at any time without notice to you.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
In Move (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 and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these 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.
User Opt In: The Program allows Users to receive SMS/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. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, 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 (“ATDS” or “autodialer”). 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, END, CANCEL, UNSUBSCRIBE, or QUIT 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 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 those set forth above or verbally requesting one of our employees to 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 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.
You agree to indemnify, defend, and hold us harmless from any claims or liabilities arising from your failure to notify us of changes to the information you have provided, including any claims or liabilities under the Consumer Protection Act and further, or similar state and federal laws, as well as any regulations adopted pursuant thereto, arising from our attempts to contact you at the mobile phone 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 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 webmaster@teamgat.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 warranty disclaimer: The Program is provided “as is” and may not be available in all regions or at all times, and may cease to function in the event of product, software, coverage, or other changes made by your wireless carrier. We are not responsible for any delays or failures in receiving mobile messages related to this Program. Delivery of mobile messages is dependent upon the effective transmission of data by your wireless carrier and is beyond our control.
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 of any dispute, claim, or controversy between you and us, or any other third-party service provider acting on our behalf to deliver mobile messages under the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or its breach, termination, performance, interpretation, or validity, including the determination of the scope or applicability of this arbitration agreement, such dispute, claim, or controversy shall, to the fullest extent permitted by law, be resolved by arbitration in Surattani, Thailand.
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 Agreement, as modified.