By accessing or using this website, webpage, customer portal, mobile application, or any related content, functionality, features, services, emails, text messages, social posts, or other electronic communications made available by or through us (collectively, the “Site”), you agree to be bound by these Terms of Use and all applicable laws and regulations.
You are responsible for ensuring that your use of the Site complies with any laws, rules, or regulations applicable to you in your location.
If you do not agree to these Terms of Use, you may not access or use the Site.
The Site and all content, materials, features, and functionality made available through it, including software, text, graphics, displays, photographs, images, video, audio, layout, design, organization, selection, and arrangement, are owned by us, our licensors, or other applicable content providers.
Such materials may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
We reserve the right, in our discretion, to modify, suspend, restrict, withdraw, or discontinue the Site or any feature, service, functionality, content, or material offered through the Site at any time and without prior notice.
We will not be liable if all or any portion of the Site becomes unavailable, interrupted, restricted, or inaccessible at any time or for any period.
Your right to access and use the Site is provided through a limited, revocable, non-exclusive, and non-transferable license and does not constitute a transfer of ownership or title in the Site or any materials made available through it.
This license will automatically terminate if you violate these Terms of Use and may otherwise be suspended or terminated by us at any time, with or without cause, to the extent permitted by applicable law.
When accessing or using the Site, you may not:
copy, reproduce, modify, adapt, or create derivative works from any Site content, materials, software, or Services except where expressly permitted by us;
use Site content, materials, or Services for an unauthorized commercial purpose or public display, whether commercial or non-commercial;
reverse engineer, decompile, disassemble, decode, or otherwise attempt to obtain the source code of any software or technology used by or supporting the Site or Services;
use scraping, crawling, data mining, data harvesting, data extraction, bots, automated tools, or similar technologies to obtain, collect, monitor, or reproduce content or information from the Site without our prior authorization;
remove, alter, conceal, or obscure any copyright, trademark, proprietary rights, attribution, or other legal notice appearing on or in connection with the Site or its materials; or
sell, transfer, distribute, sublicense, republish, mirror, host, or otherwise make Site materials available to another person, entity, website, server, or platform except as expressly authorized by us.
For purposes of these Terms of Use, “User Content” means any audio, video, text, photographs, images, graphics, comments, feedback, files, communications, or other materials that you submit, upload, post, transmit, or otherwise provide through the Site.
You retain ownership of User Content that you lawfully own.
If you submit or post User Content in a manner that makes the content publicly available through the Site, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, and sublicensable license to host, reproduce, use, copy, adapt, modify, publish, translate, distribute, display, and otherwise make that User Content available through the Site and other media in connection with our services.
You represent and warrant that you own or otherwise possess all rights and permissions necessary to provide the User Content and grant the rights described above.
Your User Content may not infringe or violate the intellectual property, privacy, publicity, contractual, or other rights of any third party and must comply with all other requirements contained in these Terms of Use.
We may remove, restrict, disable, reject, or delete User Content at any time and for any reason, with or without notice.
Without limiting any other restriction contained in these Terms of Use, you may not use messaging functionality, communications tools, upload features, or other interactive Services available through the Site to post, transmit, distribute, upload, or otherwise make available:
unsolicited advertisements, promotional materials, marketing communications, text messages, emails, or other communications sent to persons or entities that have not consented to receive them or where you otherwise lack a lawful basis to send the communication;
material that infringes, misappropriates, or otherwise violates any copyright, trademark, patent, trade secret, publicity right, privacy right, confidentiality obligation, or other intellectual property, proprietary, contractual, or legal right of another person or entity;
material that violates the rights, rules, requirements, or legal obligations of a wireless carrier, communications provider, platform, customer, subscriber, or other third party;
content or information that is unlawful, fraudulent, harassing, coercive, defamatory, libelous, abusive, threatening, obscene, indecent, discriminatory, or otherwise objectionable;
content that is harmful to minors or that is transmitted in a volume, frequency, or manner reasonably likely to constitute abuse, harassment, spam, or interference;
material that could reasonably damage or harm the reputation, systems, operations, or interests of us or our third-party service providers;
content relating to unlawful drugs, controlled substances, pharmaceuticals, or other products or services where such content or use is prohibited by applicable law or applicable third-party policies;
viruses, Trojan horses, worms, time bombs, cancelbots, malware, malicious code, or other software, instructions, routines, or technologies designed or reasonably likely to damage, disable, interfere with, gain unauthorized access to, intercept, or misappropriate any system, equipment, network, data, or personal information;
any signal, code, transmission, or electronic impulse that could cause electrical, magnetic, optical, technical, network, or other damage or interference to our equipment, systems, facilities, or those of any third party; or
material or information that is materially false, deceptive, misleading, or reasonably likely to mislead or deceive another person.
Your permission to access and use the Site remains subject to these restrictions at all times.
Any violation of these Terms of Use may result in immediate suspension or termination of your access to the Site, in addition to any other rights or remedies available to us.
You acknowledge that we cannot guarantee that files, downloads, content, software, or other materials available through the Internet or the Site will be free from viruses, malware, malicious code, or other harmful components.
You are responsible for implementing appropriate safeguards, security procedures, antivirus protections, backup systems, and other measures necessary to protect your systems, equipment, software, and data. You are also responsible for maintaining independent backups or other means of restoring any information or data that may be lost.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, INTERRUPTION, OR HARM RESULTING FROM A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, MALWARE, MALICIOUS CODE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, NETWORKS, DATA, FILES, OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO OR USE OF THE SITE, ANY SERVICES OR MATERIALS OBTAINED THROUGH THE SITE, ANY DOWNLOAD FROM THE SITE, OR ANY WEBSITE LINKED TO OR FROM THE SITE.
THE SITE AND ALL CONTENT, MATERIALS, FEATURES, SERVICES, AND INFORMATION MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT OR REPRESENT THAT THE SITE, ITS CONTENT, OR ANY MATERIAL AVAILABLE THROUGH IT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SECURE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.
WE ALSO MAKE NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, EXPECTED RESULTS, RELIABILITY, OR PERFORMANCE OF ANY MATERIAL, INFORMATION, SERVICE, OR CONTENT AVAILABLE THROUGH THE SITE OR THROUGH ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, OR REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO:
(i) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE;
(ii) ANY WEBSITE, PLATFORM, OR SERVICE LINKED TO OR FROM THE SITE;
(iii) ANY CONTENT, INFORMATION, MATERIAL, PRODUCT, OR SERVICE AVAILABLE THROUGH THE SITE OR ANY LINKED WEBSITE; OR
(iv) ANY TRANSACTION, COMMUNICATION, OR ACTIVITY ARISING THROUGH OR IN CONNECTION WITH THE SITE.
THIS EXCLUSION INCLUDES, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, TO THE EXTENT SUCH DAMAGES MAY LAWFULLY BE EXCLUDED.
IT ALSO INCLUDES DAMAGES OR LOSSES RELATING TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF REPUTATION, OR LOSS OR CORRUPTION OF DATA.
THE FOREGOING LIMITATIONS APPLY WHETHER THE CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY OF LIABILITY, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THEIR POSSIBILITY.
Nothing in this Section is intended to exclude or limit liability that cannot lawfully be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us and our affiliates, licensors, service providers, officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, demands, proceedings, liabilities, losses, damages, judgments, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
(i) your violation of these Terms of Use;
(ii) your access to or use of the Site;
(iii) your misuse of any content, information, product, service, or functionality available through the Site;
(iv) any use of the Site that is not expressly authorized under these Terms of Use; or
(v) your use, disclosure, or reliance upon information obtained through the Site.
Information and materials appearing on the Site may occasionally contain technical, typographical, photographic, factual, or other errors or omissions.
We do not warrant that all information or materials available through the Site are accurate, complete, current, or error-free.
We may correct, revise, replace, remove, or otherwise modify Site content at any time and without prior notice.
We are not obligated to update, revise, or correct any information or material appearing on the Site except where required by applicable law.
The Site may contain links to third-party websites, platforms, applications, or services.
We do not necessarily review, monitor, control, or endorse third-party websites linked through the Site and are not responsible for their content, functionality, availability, security, privacy practices, policies, or conduct.
The inclusion of a link to a third-party website does not constitute or imply our sponsorship, recommendation, approval, or endorsement of that website or its operator.
Your decision to access or use any third-party website or service is made at your own risk and may be subject to separate terms, conditions, and privacy policies established by the applicable third party.
We may revise, update, modify, or replace these Terms of Use from time to time.
Unless otherwise required by applicable law, revised terms will become effective when posted or on any later effective date identified in the updated terms.
Your continued access to or use of the Site after revised Terms of Use become effective constitutes your acceptance of the then-current version of these Terms of Use.
These Terms of Use and any dispute or claim arising out of or relating to the Site will be governed by and interpreted in accordance with the laws of the State of Missouri, without regard to its conflict-of-law principles, except to the extent otherwise required by applicable law.
These Terms of Use, together with our Privacy Policy and any other policies, terms, notices, or agreements expressly incorporated by reference or otherwise identified as applicable to your use of the Site, constitute the entire agreement between you and us regarding the Site.
They supersede all prior and contemporaneous agreements, understandings, representations, warranties, communications, and discussions, whether written or oral, relating to your access to or use of the Site.
These Mobile Messaging Program Terms and Conditions (“Mobile Messaging Terms”) govern participation in the Celerity Media LLC mobile messaging program (the “Messaging Program”).
Celerity Media LLC may be referred to in these Mobile Messaging Terms as “Celerity Media,” “we,” “us,” or “our.”
By enrolling in, opting into, or otherwise participating in the Messaging Program, you agree to these Mobile Messaging Terms.
If you no longer wish to participate in the Messaging Program, you may opt out at any time by replying “STOP” to a mobile message you receive from us.
The Messaging Program allows individuals who affirmatively enroll or otherwise provide the required consent to receive SMS and/or MMS messages.
Regardless of the particular method through which you enrolled in the Messaging Program, your participation is subject to these Mobile Messaging Terms.
By opting into the Messaging Program, you consent to receive recurring marketing, promotional, informational, and transactional mobile messages at the telephone number you provide.
To the extent permitted by applicable law and covered by your consent, messages may be delivered using automated technology, including an automatic telephone dialing system, prerecorded or artificial voice technology, or similar messaging technology.
Your consent to receive marketing communications is not a condition of purchasing any product or service from us.
Individuals participating in the Messaging Program may receive messages relating to Celerity Media, our customers, or applicable products or services.
Messages may include, without limitation:
alerts and notifications;
promotional offers;
coupons or discounts;
specials;
marketing messages;
reminders;
informational communications; and
other communications associated with the applicable business, product, service, or customer relationship.
The particular type and content of messages you receive may depend upon the program, business, campaign, or interaction through which you provided your consent.
Message frequency may vary.
The Messaging Program may involve recurring messages, and additional messages may be sent based upon your interactions, transactions, requests, or communications with us or the applicable business.
Standard message and data rates or other charges imposed by your wireless carrier may apply.
You are responsible for any fees or charges assessed by your wireless service provider in connection with your receipt or transmission of SMS or MMS messages.
For assistance relating to the Messaging Program, you may text “HELP” to (573) 410-7812 or reply “HELP” to a mobile message received through the Messaging Program.
You may also contact Celerity Media Support using the contact information made available through our website or other applicable support channels.
You may discontinue participation in the Messaging Program at any time.
The preferred method of unsubscribing is to reply “STOP” to any mobile message received through the Messaging Program or text “STOP” to (573) 410-7812.
After submitting an opt-out request, you may receive one additional message confirming that your request has been processed.
You may send one of these commands to the number from which you received the applicable message or to (573) 410-7812.
You may also request cancellation by contacting us through an available Support channel and clearly communicating your desire to unsubscribe from the Messaging Program.
Following a valid opt-out request, marketing messages covered by that request will cease within a reasonable period of time, subject to applicable law and technical processing requirements.
The Messaging Program may use both SMS and MMS messaging.
If your mobile device, wireless plan, network, or carrier does not support MMS messages, content may instead be delivered through SMS where technically available.
Certain content, functionality, images, or formatting available through MMS may not be available when a message is delivered through SMS.
THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
We do not guarantee that any particular message will be successfully transmitted, received, or delivered within a particular period of time.
Mobile message delivery depends upon wireless carriers, telecommunications providers, networks, devices, Internet services, and other systems that are outside our control.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE FOR DELAYED, FAILED, MISDIRECTED, INCOMPLETE, OR UNDELIVERED MOBILE MESSAGES.
Your wireless carrier or network operator may likewise be subject to its own limitations regarding delayed or undelivered messages.
Participation in the Messaging Program is voluntary and at your own discretion and risk.
If you are dissatisfied with the Messaging Program, the messages you receive, or these Mobile Messaging Terms, your remedy is to discontinue participation by following the applicable opt-out procedures.
We respect the privacy of individuals participating in the Messaging Program.
Information you provide in connection with the Messaging Program may be used to administer the program, deliver mobile communications, respond to your requests, maintain records of consent and opt-out activity, provide customer support, and otherwise operate the Messaging Program.
WE DO NOT SELL, RENT, LEASE, LOAN, TRADE, OR OTHERWISE TRANSFER FOR PROFIT TELEPHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE MESSAGING PROGRAM TO THIRD PARTIES.
We may nevertheless disclose information where reasonably necessary or legally required, including:
(i) to comply with applicable law, regulation, legal process, subpoena, court order, or governmental request;
(ii) to administer or provide the Messaging Program through service providers acting on our behalf;
(iii) to investigate fraud, abuse, security incidents, or potential violations of these Mobile Messaging Terms;
(iv) to avoid or limit potential liability; or
(v) to protect the rights, property, security, or interests of Celerity Media, our customers, users, service providers, or others.
When submitting information through an online form or otherwise providing information in connection with the Messaging Program, you agree to provide information that is accurate, complete, current, and truthful.
You may not knowingly provide a false, misleading, or unauthorized name, telephone number, identity, or other information.
If we reasonably determine that information you have provided is materially inaccurate, false, incomplete, misleading, or submitted for an improper or abusive purpose, we may suspend or terminate your participation in the Messaging Program and exercise any other remedies available to us.
The privacy provisions contained in this Section specifically address the Messaging Program. Other interactions with Celerity Media may also be governed by the Celerity Media Privacy Policy and any other applicable privacy notices.
Except where prohibited by applicable law, any dispute, claim, controversy, or disagreement arising out of or relating to the Messaging Program, these Mobile Messaging Terms, the applicable privacy provisions, communications sent through the Messaging Program, or the interpretation, enforcement, validity, breach, or termination of these Mobile Messaging Terms will be resolved through final and binding arbitration.
This arbitration requirement applies to disputes between you and us and, where applicable, disputes involving third-party service providers acting on our behalf in transmitting or administering mobile messages.
The arbitration will take place in Missouri before a single arbitrator and will be administered by JAMS.
For claims exceeding $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in effect when arbitration is initiated will apply.
For claims of $250,000 or less, the JAMS Streamlined Arbitration Rules and Procedures in effect when arbitration is initiated will apply.
The arbitrator will apply the substantive laws of the State of Missouri, without regard to Missouri's conflict-of-law rules.
Nothing in this Section prevents either party from requesting temporary, preliminary, provisional, or emergency relief from a court of competent jurisdiction where such relief is available in aid of arbitration.
You and we acknowledge that the Messaging Program and these Mobile Messaging Terms involve interstate commerce. Accordingly, the Federal Arbitration Act, 9 U.S.C. §§ 1-16, will govern the interpretation and enforcement of this arbitration provision.
Either party may initiate arbitration by submitting a written demand for arbitration to JAMS and providing a copy to the other party. The demand must reasonably identify the nature of the dispute and the relief requested.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
NEITHER PARTY MAY PARTICIPATE IN OR SEEK RELIEF THROUGH A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.
If a Claim proceeds in court rather than arbitration for any reason, you and we each knowingly and irrevocably waive the right to a trial by jury to the maximum extent permitted by applicable law.
The arbitrator may award monetary damages and any other individual relief permitted under applicable law.
The arbitrator will not have authority to rewrite, modify, or disregard the express terms of these Mobile Messaging Terms except to the extent required by applicable law.
The arbitrator will issue a reasoned written decision addressing the dispute and any relief awarded (the “Award”).
The Award will be final and binding upon the parties and may be confirmed or enforced in any court having jurisdiction over the applicable party or its assets, subject to any rights of judicial review provided by applicable law.
Unless applicable law or JAMS rules require otherwise, each party will initially advance one-half of the arbitrator's fees, applicable hearing facility expenses, and court reporter expenses associated with the arbitration.
To the extent permitted by applicable law, the arbitrator may award reasonable attorneys' fees and costs to a prevailing party in connection with the claims or defenses upon which that party prevails.
Any opposing awards of fees or costs may be offset against one another.
The parties agree to maintain the confidentiality of the arbitration proceeding, hearing, evidence, submissions, and Award except where disclosure is reasonably necessary:
(i) to prepare for or conduct the arbitration;
(ii) to obtain preliminary or provisional judicial relief;
(iii) to confirm, enforce, or challenge an Award;
(iv) to comply with applicable law or legal process; or
(v) where the information is independently available from a lawful public source.
Documents, testimony, evidence, or other materials produced specifically in arbitration will be treated as confidential by the parties, witnesses, experts, and arbitrator, subject to the foregoing exceptions.
You represent and warrant that you possess all rights, legal capacity, authority, and permission necessary to agree to these Mobile Messaging Terms and perform your obligations under them.
You further represent that your agreement to these Mobile Messaging Terms and participation in the Messaging Program do not violate any other contract, agreement, obligation, or legal restriction applicable to you.
The failure or delay of either party in exercising any right or remedy provided by these Mobile Messaging Terms will not constitute a waiver of that right or remedy or prevent its later exercise.
If any provision of these Mobile Messaging Terms is determined to be invalid, unlawful, or unenforceable, that provision will be limited, modified, or severed to the minimum extent necessary so that the remainder of these Mobile Messaging Terms remains valid and enforceable to the fullest extent permitted by law.
Any additional features, modifications, improvements, changes, or updates made to the Messaging Program will also be governed by these Mobile Messaging Terms unless we expressly provide otherwise in writing.
We reserve the right to revise these Mobile Messaging Terms from time to time.
Material modifications will be communicated or otherwise made available to you as required by applicable law.
You are responsible for periodically reviewing the then-current Mobile Messaging Terms.
Your continued participation in the Messaging Program after revised terms become effective constitutes your acceptance of those revised terms, subject to applicable law.