SMS PROGRAM TERMS AND CONDITIONS

Last updated: 10/30/24

Welcome to Our website, located at omgsweeps.com (the “Website”). The Website is an Internet property of OMGSweeps (“Company,” “We,” “Our” or “Us”). Please note that any subdomains on the Website (for example, alerts.omgsweeps.com) are operated and controlled by third-parties and thus are subject to different terms and are not part of the Website. Company operates an SMS messaging program (the “Program”) subject to these SMS Program Terms and Conditions (these “SMS Terms” or “Agreement”). The Program and Our collection and use of your personal information is also subject to Our SMS Program Privacy Policy. By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to these SMS Terms and Our SMS Program Privacy Policy. You may also be subject to the terms or agreements based on other interactions with this Website or Our other websites.

AS SET FORTH BELOW IN SECTION 6, YOU AND THE COMPANY AGREE TO RESOLVE DISPUTES BETWEEN YOU AND US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. YOU AND THE COMPANY WAIVE THE RIGHT TO PURSUE THE RESOLUTION OF ANY SUCH DISPUTE IN A COURT AND WAIVE THE RIGHT TO A TRIAL BY JURY.

  1. Program Description: We may send promotional and transactional mobile messages related to content on the Website in various formats through the Program. Mobile messages may be sent using an automated technology, including, without limitation, an automatic telephone dialing system. Message frequency will vary but will not exceed 5 messages per day unless you interact with the messages you receive, in which case you may receive more messages. You agree that we, Our affiliates, and any third-party service providers may send you such messages and that such messages may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply. You must be at least the minimum age in your state to enroll in the Program
  2. User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the Program and you agree to receive recurring mobile messages from Us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to Us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify Us at [email protected]. Your participation in the Program does not require that you make any purchase from Us and your participation in the Program is completely voluntary.
  3. User Opt-Out and Support: You may opt-out of the Program at any time. If you wish to opt-out of the Program and stop receiving mobile messages from us, or you no longer agree to these SMS Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to the mobile number the message is sent from. You may continue to receive text messages for a short period while We process your request and you may receive a one-time opt-out confirmation message. You understand and agree that this is the only reasonable method of opting out. If you want to join the Program again, just sign up as you did the first time, and We will start sending messages to you again. For support, reply HELP to any mobile message from us.
    Our mobile messaging platform may not recognize requests that modify the commands above, and you agree that We and Our service providers will not be liable for failing to honor requests that do not comply with the requirements in these SMS Terms. We may also change the telephone number or short code We use to operate the Program and We will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by Us and We will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.
  4. Disclaimer of Warranty and Liability: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither We nor Our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program.
  5. Modifications: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, We may also modify these SMS Terms at any time. Any such modification will take effect when it is posted to Our website. You agree to review these SMS Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications.
  6. ARBITRATION: You agree to each of the following terms:
    1. THE PARTIES WILL RESOLVE BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT OR TRIAL BY JURY, ANY DISPUTE OR CLAIM, WHETHER BASED ON CONTRACT, COMMON LAW, OR STATUTE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE WEBSITE, OR THE PROGRAM. TO THE EXTENT PERMITTED BY LAW, THE PRECEDING SENTENCE APPLIES TO ANY DISPUTE OR CLAIM THAT OTHERWISE COULD BE ASSERTED BEFORE A GOVERNMENT ADMINISTRATIVE AGENCY.
    2. TO THE EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS.
    3. TO THE EXTENT PERMITTED BY LAW, THE PARTIES FURTHER AGREE THAT NO DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ON A REPRESENTATIVE BASIS.
    4. TO THE EXTENT PERMITTED BY LAW, THE PARTIES WAIVE ANY RIGHT TO PARTICIPATE IN OR RECEIVE ANY RELIEF FROM ANY NON-INDIVIDUAL PROCEEDING REFERENCED ABOVE AND THIS AGREEMENT DOES NOT PROVIDE FOR, AND THE PARTIES DO NOT CONSENT TO, ARBITRATION ON A CLASS OR COLLECTIVE OR REPRESENTATIVE BASIS.
    5. NO ARBITRATOR SELECTED TO ARBITRATE ANY DISPUTE BETWEEN THE PARTIES IS AUTHORIZED TO ARBITRATE ANY DISPUTE ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. FURTHER, NO ARBITRATOR IS AUTHORIZED TO CONSOLIDATE CLAIMS OF MORE THAN ONE INDIVIDUAL UNLESS ALL PARTIES EXPRESSLY AGREE IN WRITING TO ANY SUCH CONSOLIDATION.
    6. THIS AGREEMENT SHALL NOT BE INTERPRETED AS REQUIRING EITHER PARTY TO ARBITRATE DISPUTES ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS, EVEN IF A COURT OR ARBITRATOR INVALIDATES OR MODIFIES OR DECLINES TO ENFORCE THIS AGREEMENT IN WHOLE OR IN PART.
    7. AN AWARD IN ARBITRATION SHALL DETERMINE THE RIGHTS AND OBLIGATIONS BETWEEN THE NAMED PARTIES ONLY, AND ONLY IN RESPECT OF THE CLAIMS IN SUCH ARBITRATION, AND SHALL NOT HAVE ANY BEARING ON THE RIGHTS AND OBLIGATIONS OF ANY OTHER PERSON OR ON THE RESOLUTION OF ANY OTHER DISPUTE, OR HAVE PRECLUSIVE EFFECT AS TO ISSUES OR CLAIMS IN ANY OTHER PROCEEDING.
    8. YOU AGREE THAT THIS ARBITRATION SECTION APPLIES TO DISPUTES YOU MAY HAVE RELATED TO THIS AGREEMENT, THE WEBSITE, OR THE PROGRAM WITH OUR SUBCONTRACTORS, CLIENTS AND AFFILIATES, WHICH YOU ACKNOWLEDGE ARE THIRD-PARTY BENEFICIARIES OF THIS ARBITRATION PROVISION.
    9. A party demanding arbitration under this Agreement must file the demand with the American Arbitration Association (the “AAA”) and deliver the demand to the other party by hand or by first- class mail within the applicable statute of limitations. Any demand for arbitration by you must be served on Our registered agent, Corporation Service Company, at 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The demand must be in writing and describe each claim of the demanding party. The arbitration will be conducted by the AAA under its Commercial Arbitration Rules and Mediation Procedures in effect at the time of filing the demand for arbitration, provided that none of the AAA’s expedited procedures will apply to the arbitration unless you and the Company mutually agree in writing, after the demand has been filed, to the application of such procedure. The AAA’s rules are available at www.adr.org. If the AAA’s rules are inconsistent with this Agreement, this Agreement will govern. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, except that if you initiate the arbitration, you will pay for only the first US $200 of the total AAA filing fee. For example, if the AAA filing fee is US $180 you will be responsible for paying the entire AAA filing fee in that instance. But, if the AAA filing fee is US $570 you will be responsible for paying US $200 and We will pay the difference (US $370 in this instance). We also will pay all other costs and expenses unique to arbitration, including the arbitrator’s fees. The arbitration will take place at a mutually-convenient location within 45 miles from the last location in which you provided Services, or at another mutually-convenient location, or at any location ordered by a court with personal jurisdiction over you and Us.
    10. If you assert a claim against Us that is not subject to individual arbitration pursuant to this Section, and there is then pending or later filed any claim against Us asserted by you or on your behalf that is subject to individual arbitration, then you agree and consent that any claim not subject to individual arbitration must be stayed until the resolution of such other claim in arbitration, unless such stay is contrary to applicable law.
  7. Governing Law: The interpretation of these SMS Terms is governed by the law of the state of Delaware without regard to its conflict of laws principles, except for Section 6, which is governed by the Federal Arbitration Act and applicable federal law. If, for any reason, the Federal Arbitration Act is held by a court of competent jurisdiction not to apply to Section 6 of this Agreement, the law of the state of Delaware will govern Section 6 of this Agreement, including without limitation the common law of contracts of such state if any statute could be interpreted to limit the right of Us or you to arbitrate pursuant to Section 6 of this Agreement.

 

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