CloseBy® Text Marketing Terms of Use

American Marketing & Publishing, L.L.C. (“AMP”, “we”, “us”, or “our”) provides the  CloseBy® Text Marketing service and associated services (the “Services”) through its SMS text messaging platform, websites, and other online hosted portals that support the Services (including, without limitation, the websites located at https://www.ampcorporate.com/solutions/closeby-text/ and www.closeby.com) (collectively, the “Platform”). Your access to and use of the Platform and Services is subject to these Terms of Service (these “Terms”).

PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION SET FORTH IN SECTION 17 BELOW (“ARBITRATION AND DISPUTE RESOLUTION AGREEMENT”), AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY VIRTUE OF YOUR USE OF THE PLATFORM AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE ARBITRATION AND DISPUTE RESOLUTION AGREEMENT, AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM AND SERVICES. BY CLICKING “AGREE”, REGISTERING AN ACCOUNT WITH US, OR OTHERWISE ACCESSING OR USING THE PLATFORM AND SERVICES, YOU ARE AGREEING TO COMPLY WITH THESE TERMS.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE PLATFORM OR SERVICES.

  1. THE SERVICES

The Services enable businesses, companies, civic organizations, units of government, nonprofit organizations, clubs, and similar senders (“Senders”) to create and send text marketing messages to groups of individual consumers and/or other members of the general public who have subscribed to receive such messages from the Sender(s) by opting in (“Subscribers”, and together with Senders, “Users”). Messages may consist of updates, news, announcements, invitations, offers, or other information. The Services permit Subscribers to choose what group text programs they want to be a part of and which Senders they want to receive messages from by facilitating the capture and storage of mobile phone numbers that have opted into the Sender’s list via text of the Sender’s keyword.  The Service also permits Subscribers to opt out of a Sender’s text list by providing automatic removal of mobile phone numbers that have asked to be removed from the Sender’s list. In addition, the Services provide access to a gateway for distribution of text messages to the appropriate mobile operators. We provide MT (Mobile Terminated) outbound messages through various downstream providers and routes, and the level of service and support for some special features vary according to the specific route.

 

  1. CHANGES TO THE SERVICES AND THESE TERMS

We expressly reserve the right to make any changes that we deem appropriate from time to time to the Platform and/or Services.  We reserve the right at any time to modify or discontinue the Platform or Services (or any part thereof) without notice. To the maximum extent permitted under applicable law, we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform or Services.

 

In addition, we may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by sending a message to the email address or mobile phone number that we have on file for you or posting a revised version of these Terms or other notice on the Platform. You should view these Terms often to stay informed of changes that may affect you. Your use of the Platform and Services constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time.

  1. TEXT MESSAGING
    • As a Subscriber, you may opt in to subscribe to the text messages sent by a Sender by delivering a text message in the form of that Sender’s opt-in code or keyword from your mobile phone or mobile device to the Sender’s ten-digit long code number or the short code 36000, and by assenting in writing or by replying “YES” via text or email to an automatically generated confirmation message. The Sender that you have opted in to receive messages from will then be able to use the Platform to send you their messages at the times and with the frequency that they choose. Depending on the text marketing list(s) that you opt in to, you may receive as many as 30 text messages per month from Senders(s) for each keyword list that you opt in to receive messages from, or possibly even more messages if you explicitly agree to receive more.
    • You may opt out of a text program and cease receiving unwelcome texts from a Sender at any time by replying to a received text message from the Sender’s ten-digit long code number or short code with one of the following words: “STOP”, “END”, “CANCEL”, or “UNSUBSCRIBE”. After you send the text message “STOP”, “END”, “CANCEL”, or “UNSUBSCRIBE” to the Sender’s ten-digit long code number or short code, we may send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from that Sender.If you want to join that Sender’s list again, just subscribe as you did the first time and the Sender will confirm your desire to receive messages and upon you replying “yes” will start sending text messages to you again.  For help, text “HELP” to the Sender’s ten-digit long code number or short code from which you received a message, or email us at textsupport@ampcorporate.com, or call us at (800) 807-6870 and follow the menu options provided.  For clarity, opting out of an individual Sender’s text program does not constitute an opt-out from any other Sender’s text program to which you may have subscribed.
    • Message and data rates may apply.Messages are sent from an automated system, and message frequency depends on your use of the Services.  If you have any questions about your text plan or data plan, please contact your wireless provider. The Services are available for Subscribers on many but not all wireless telecommunication carriers serving the continental United States.  Carriers are not liable for delayed or undelivered messages. Your consent to receive messages is not required for the purchase of goods or services.
  2. PRIVACY POLICY

Information that you provide to us or that we collect about you through your access to and use of the Platform or Services is subject to our Privacy Policy, which appears at www.closeby.com/privacypolicy the terms of which are hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy Policy.

  1. AGE REQUIREMENTS

No one under the age of 18 may access or use the Platform or Services unless supervised by a parent or legal guardian who is bound by these Terms.  By accessing or using, or attempting to access or use, the Platform or Services, you represent that you are at least 18 years of age and that you are able to enter into legally binding contracts, including, without limitation, these Terms (or, if you are under 18 years of age, that your parent or legal guardian has reviewed and agrees to be bound by these Terms on your behalf).

  1. CONTENT AND INTELLECTUAL PROPERTY
    • The content and other materials displayed or made available on or through the Platform and Services, including, without limitation, text, information, data, content, articles, photos, images, graphics, and illustrations (collectively, the “Content”), are protected by copyright and/or other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Platform and Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content, or (ii) in a way that violates someone else’s (including, but not limited to, our or any other User’s) rights.
    • You understand and agree that we and/or our licensors own all right, title, and interest in and to the Platform, Services, and all Content. You acknowledge and agree that the Content may constitute valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Platform, Services, or Content.  Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of AMP or its licensors and Content-providers.
    • As a Sender, you are responsible for all Content you provide or submit, in any manner, to the Platform or Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you provide or submit it. You may not upload, distribute, or otherwise publish any Content that is invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, threatening, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful or otherwise objectionable, including, but not limited to, any Content that encourages conduct that would constitute a criminal offense or otherwise violate any applicable U.S. or foreign laws. By providing or submitting any Content to the Platform or Services, you hereby grant AMP a license to use, reproduce, modify, display, perform, distribute, and otherwise act with respect to such Content, in each case to enable us to operate and provide the Platform and Services. We have the right, but do not assume the obligation or responsibility, to monitor Content you provide or submit for compliance with applicable laws and these Terms. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to store, remove, or disable access to any of your Content, including without limitation any Content that constitutes, or is likely to constitute, an infringement, misappropriation, or other violation of the rights of any third party.
    • Without limiting any of the foregoing, if you are a Subscriber, you expressly acknowledge and agree that AMP shall not be responsible for any Content provided or otherwise made available by any Senders (including, without limitation, the content of any messages sent by or on behalf of any Senders). The Sender is the issuer of the message and is solely responsible for the information contained in its messages, as well as for all products, services, and offers it provides to a Subscriber via the Platform or Services (“Sender Offerings”) and for the fulfillment and/or redemption of the same. AMP merely maintains the Platform and Services to enable Senders to run their own messaging campaigns. AMP does not verify, validate, endorse offers, or guarantee that any offer sent by any Sender will be honored by the Sender.  As a Subscriber, you agree that AMP expressly disclaims any warranty related to the accuracy of Content or information sent to you by Senders, the validity of any offers you receive from any Sender, or any Sender’s compliance with applicable law.
    • By submitting suggestions or other feedback regarding the Platform or Services, you agree that we can use and share (with no obligation to do so) such feedback for any purpose without compensation to you. You agree to only provide content or information that does not violate the law nor anyone’s rights (including, without limitation, intellectual property rights).
  2. USER CONDUCT

You may access and use the Platform only in connection with your use of the Services and Content as permitted herein and only for your personal use (or, if accessing the Platform on behalf of your company, only for your company’s internal business use as permitted herein).  Any other access to or use of the Platform constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws.

In accessing and using the Platform, Services, or any Content, you agree that you will comply with all applicable federal, state, and local laws, including, without limitation, data privacy laws, copyright and other intellectual property laws, cyber harassment, anti-spam laws, and other regulatory requirements. If you are a Sender, you agree that you will not send, or attempt to send, any messages using the Platform or Services to any Subscriber or other individual who has not affirmatively opted in to receive messages from you through the Platform or who has unsubscribed from your text list or otherwise opted out of receiving messages from you.

In addition, in accessing and using the Platform, Services, or any Content, you agree that you will NOT:

  • Circumvent, disable, or otherwise interfere with any security-related features of the Platform or Services, including, without limitation, any features that enforce limitations on the use of the Platform, Services, or any Content;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Platform, Services, or Content;
  • Copy, modify, adapt, translate, or create derivative works based on the Platform, Services, or Content;
  • Reproduce, redistribute, duplicate, sell, resell, lease, sublicense, time-share, or exploit for any commercial purpose any portion of the Platform, Services, or Content, except as permitted hereunder or otherwise expressly authorized by us in writing;
  • Remove, alter, cover, or distort any copyright notice or trademark legend, author attribution, or other notice placed on or contained within the Platform, Services, or any Content;
  • Access, use, or copy any portion of the Platform, Services, or Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms;
  • Use the Platform or Services to store or transmit viruses, worms, time bombs, Trojan horses, or other malicious code, or any unsolicited messages, “spam” or any other content or material in violation of applicable law;
  • Attempt to interfere with the proper working of the Platform or Services or otherwise impairing, overburdening, or disabling the same; or
  • Otherwise engage in any conduct that restricts or inhibits any other User from using or enjoying the Platform or Services.

You agree to contact us by phone at (815) 756-2840 or via e-mail at abuse@ampcorporate.com immediately in the event that you become aware that any other User is accessing or using the Platform or Services in violation of these Terms.

  1. SENDER ACCOUNTS
    • In order to access and use the Services as a Sender, you must register and maintain an active Services account (“Account”). To set up an Account with us, you will be asked to provide certain information about yourself, such as your first and last name, company name, physical address, business characteristics, e-mail address, phone number, and payment card and billing information. You must also create a username and password for your Account and acknowledge and agree to these Terms and the terms of our Privacy Policy.  You must provide complete and accurate information when setting up an Account. Once we validate your Account and Account information, we will provide you with a ten-digit long code number or a unique keyword on a shared short code that will identify you as the Sender of your text messages to your Subscribers.
    • You are responsible for maintaining the confidentiality of your password and Account. You agree to: (a) use a strong password and keep your password confidential and not share it with anyone else; (b) not transfer any part of your Account to anyone else; and (c) immediately notify us of any unauthorized use of your username, password, or Account.
    • You agree at all times to keep current and promptly update your Account information, including, but not limited to, your email address, phone number, and billing information, so that we can complete your transactions and contact you as necessary. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services and/or suspension or termination of your Account.
    • You acknowledge and agree that we are authorized to act on instructions received through use of your username, password, and/or Account, and that we may, but are not obligated to, deny access or block any transaction made through use of your username, password, and/or Account without prior notice if we believe your username, password, and/or Account are being used by someone other than you, or for any other reason. You are solely responsible for all activity that occurs under your Account unless you close it or report misuse.
  2. FEES AND PAYMENT
    • If you are a Sender, you agree to pay the full amount of the fees charged to you for the specific Services that you select. We may modify our fees effective prospectively, upon reasonable notice, to the extent allowed under applicable law. You expressly authorize AMP, or a third-party payment processor on our behalf, to charge the method of payment that you have provided to us (whether through your Account or otherwise) and to collect the full amount of the total fees for the Services you select, including any related charges and taxes. We may calculate taxes payable by you (if any) based on the billing information that you have provided to us at the time of purchase. All purchases are non-refundable and non-cancellable unless expressly indicated otherwise.
    • You acknowledge and agree that we may use a third-party payment processor to charge you for Services purchased through your Account. By submitting your payment card information, you grant us the right to process and store your information, including with any such third-party payment processor, which we may change from time to time.  You agree that we will not be responsible for any failures of the third-party payment processor to adequately protect such information.  The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms.  You acknowledge that we may change the third-party payment processor at any time, with or without notice to you, and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security.
  3. TERMINATION OF ACCESS
    • We may, in our sole discretion, without liability, and without notice to you, immediately suspend, limit, and/or terminate your access to the Platform, the Services, and/or your Account for any reason, including, without limitation: (i) if we believe in our sole discretion that you have violated these Terms or any applicable laws or regulations; (ii) at the request of law enforcement, government agencies, or courts; (iii) if you ask us to close your Account; (iv) if we discontinue or materially modify the Platform or the Services (or any part thereof); or (v) if we believe in our sole discretion that your use or access to the Platform, the Services or your Account may create risk (including, but not limited to, legal risk) for us, our affiliates, contractual partners, or users. Upon any termination, you will lose the right to access and use the Platform and Services and, if you are a Sender, your Account will be closed.
    • Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Platform, Services, and/or your Account, shall survive including, but not limited to, the “Content and Intellectual Property”, “Fees and Payment”, “Indemnification”, “Disclaimers”, “Limitation of Liability”, “Arbitration and Dispute Resolution Agreement”, and “Miscellaneous” sections of these Terms.
  4. SENDER OFFERINGS AND THIRD-PARTY SERVICES

The Services may be made available or accessed in connection with third-party services and content that we do not control, including, without limitation, Sender Offerings and other third-party products, services, programs, and offerings. You acknowledge that different terms of use and privacy policies may apply to your use of Sender Offerings and other third-party services and content. We have no control over and do not endorse any Sender, Sender Offerings, or other third-party services or content, and in no event shall we be responsible or liable for any conduct of or interactions you may have with any Sender or other third-party provider (whether or not related to the Services) or for your use of any Sender Offerings or any other third-party products or services.

 

  1. SECURITY

AMP takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Platform. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.  You are responsible for maintaining the confidentiality of any information about you, including, without limitation, any username and password used in connection with your use of the Platform.  You agree to notify us immediately if you discover loss of or access to such information by another party not under your control or supervision.

  1. DEVICES AND NETWORK ACCESS

Your mobile phone must have text messaging capability to access and use the Services, and you are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply when using the Services from a mobile and/or wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Platform and any updates thereto. We do not guarantee that the Platform or Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform and Services may be subject to malfunctions and delays inherent in the use of the Internet and cellular and electronic communications.

 

  1. INDEMNIFICATION AND RELEASE

You agree to indemnify and hold harmless AMP and its officers, directors, owners, employees, contractors, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including attorneys’ fees and costs) arising out of or relating to: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any other User or any third party (including, without limitation, violation of any privacy or intellectual property or other proprietary rights); (iv) your violation of any applicable law or regulation; (v) any data or information that you submit to or transmit using the Platform or Services; or (vi) any relationship, transaction, interaction, or dispute that you have with any other User.

Without limiting any of the foregoing, if you are a Subscriber, you acknowledge and agree that, as between you and AMP, you are solely responsible for your interactions with any Sender. To the maximum extent permitted under applicable law, you hereby release the Indemnified Parties from any and all claims or liability related to any Sender Offering, any action or inaction by a Sender, including, without limitation, any harm caused to you by any action or inaction of a Sender, any Sender’s failure to comply with applicable law, and/or any other product or service purchased or obtained by you from any Sender or other third party.

 

  1. DISCLAIMERS
    • YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE PLATFORM, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTIES THAT THE PLATFORM, SERVICES, AND/OR CONTENT WILL MEET YOUR REQUIREMENTS OR SATISFACTION; (B) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE PLATFORM, SERVICES, AND/OR CONTENT; (C) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES FOR PRODUCTS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE PLATFORM OR SERVICES; (E) WARRANTIES CONCERNING THE CAPACITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, SERVICES, AND/OR ANY CONTENT; (F) WARRANTIES THAT YOUR USE OF THE PLATFORM, SERVICES, AND/OR ANY CONTENT WILL BE SECURE OR UNINTERRUPTED; AND (G) WARRANTIES THAT THE PLATFORM, SERVICES, AND/OR ANY CONTENT WILL BE ERROR-FREE OR THAT ERRORS IN THE PLATFORM, SERVICES, AND/OR ANY CONTENT WILL BE CORRECTED.
    • ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM OR SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE PLATFORM OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DISCONTINUATION OF USE OF THE PLATFORM AND SERVICES IS YOUR SOLE RIGHT AND REMEDY FOR ANY DISSATISFACTION WITH THE PLATFORM, SERVICES, OR ANY OF THE CONTENT.
  2. LIMITATION OF LIABILITY
    • We may use third parties to provide certain products and services accessible through the Platform and Services. WE WILL NOT BE LIABLE TO YOU FOR THEIR ACTS OR OMISSIONS. IN ADDITION, IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF RELATING TO ANY SENDER OFFERINGS, THE CONDUCT OF ANY OTHER USER, OR YOUR RELATIONSHIP, TRANSACTIONS, INTERACTIONS, OR DISPUTES THAT YOU MAY HAVE WITH ANY OTHER USER.
    • TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY, WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, DATA LOSS, OR OTHER INTANGIBLE LOSSES (EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR YOUR INABILITY TO USE, THE PLATFORM, SERVICES, OR ANY CONTENT UNDER ANY THEORY OF LIABILITY.  YOUR SOLE REMEDY, AND OUR AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM, SERVICES, AND ANY CONTENT, SHALL IN ALL EVENTS BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO AMP FOR THE SERVICES IN THE PRECEDING THREE (3) MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW.
  3. ARBITRATION AND DISPUTE RESOLUTION AGREEMENT

PLEASE READ THIS FOLLOWING CLAUSES CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHT TO FILE A LAWSUIT IN COURT.

  • You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes“) will be settled by binding arbitration between you and AMP, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and AMP are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and AMP otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Arbitration and Dispute Resolution Agreement section will be deemed void. Except as provided in the preceding sentence, this Arbitration and Dispute Resolution Agreement section will survive any termination of these Terms.
  • The arbitration will be administered by the Judicial Arbitration & Mediation Services (“JAMS“) in accordance with the Arbitration Rules and Procedures then in effect (the “JAMS Rules”), except as modified by this Arbitration and Dispute Resolution Agreement section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
  • A party who desires to initiate arbitration must provide the other party with a written demand for arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Illinois and will be selected by the parties from the JAMS’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the arbitrator shall be selected on an expedited basis in accordance with the Arbitration Rules and Procedures of JAMS.
  • Unless you and AMP otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and AMP submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Rules. Subject to the JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
  • The arbitrator will render an award within the time frame specified in the JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. AMP will not seek, and hereby waives all rights AMP may have under applicable law to recover, attorneys’ fees and expenses if AMP prevails in arbitration.
  • Your responsibility to pay any JAMS filing, administrative, and arbitrator fees will be solely as set forth in the JAMS Rules. However, if your claim for damages does not exceed $75,000, AMP will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
  1. MISCELLANEOUS
    • These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Platform, Services, and Content.
    • Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
    • These Terms shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of Illinois. If for any reason a Dispute proceeds in court, you and AMP: (i) agree that any such Dispute may only be instituted in a state or federal court located in DeKalb County, Illinois and waive any defenses or objections based on the jurisdiction, venue, or convenience of this exclusive venue; (ii) irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY.
    • These Terms do not confer any rights, remedies, or benefits upon any person other than AMP and you.
    • We may assign our rights and obligations under these Terms, in whole or in part, at any time to any third party without notice. You may not assign these Terms or any rights or obligations hereunder without our prior written consent.
    • Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
    • If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions of these Terms will not be affected, and the invalid, illegal, or unenforceable provision will be replaced by such valid and enforceable provision as comes closest to the intention underlying the invalid or enforceable provision.
    • Possible evidence of use of the Platform or Services for illegal purposes will be provided to law enforcement authorities.
    • Discontinuation of use of the Platform and Services is your sole right and remedy for any dissatisfaction with the Platform, Services, or any of the Content.
  2. QUESTIONS AND REPORTING ABUSE

Please contact us with any questions regarding the Platform, Services, or these Terms at textsupport@ampcorporate.com or:

American Marketing & Publishing, L.L.C.

915 East Lincoln Hwy.

DeKalb, IL 60115

You agree to immediately contact us by phone at (815) 756-2840 or via e-mail at abuse@ampcorporate.com in the event that you receive offensive messages or materials from a Sender or if you believe that you have received or are receiving unsolicited messages from a Sender’s ten-digit long code number or from short code 36000 which you either have not subscribed to via opt-in or have already unsubscribed from, or which you otherwise believe are not intended to be sent to you.