9deepmaintenance Message Delivery Terms And Conditions
You Consent To Receive Periodic Automated Promotional And Personalized Marketing Text (E.G., Sms And Mms) Messages (E.G., Shopping Cart Reminders) From 9deepmaintenance, Including Text Messages That May Be Sent Using An Automatic Telephone Dialing System To The Mobile Phone Number You Provided When You Registered, Or Any Other Number You Designate. Consent To Receive Automated Marketing Text Messages Is Not A Condition Of Any Purchase. Message And Data Rates May Apply.
Message Frequency Will Vary. 9deepmaintenance Reserves The Right To Change The Frequency Of Messages Sent At Any Time To Increase Or Decrease The Total Number Of Messages Sent. 9deepmaintenance Also Reserves The Right To Change The Short Codes Or Phone Numbers From Which Messages Are Sent, And We Will Notify You When Such Changes Are Made.
Not All Mobile Devices Or Phones Are Supported, And Our Messages May Not Be Delivered In All Areas. Earthen Skincare, Its Service Providers, And The Mobile Carriers Supported By This Program Are Not Responsible For Delayed Or Undelivered Messages.
You Also Agree To Our 9deepmaintenance Terms Of Use And The 9deepmaintenance Privacy Policy.
We Can Send Messages To The Following Mobile Phone Carriers: Major Carriers: At&T, Verizon Wireless, Sprint, T-Mobile, Metropcs, Us Cellular, Alltel, Boost Mobile, Nextel, And Virgin Mobile. Minor Carriers: Alaska Communications System (Acs), Appalachian Wireless (Ekn), Bluegrass Cellular, East Central Illinois Cellular One (Ecit), Northeastern Pennsylvania Cellular One, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi Pcs), Cox, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), Gci, Golden State, Hawkeye (Chat Mobility), Hawkeye (Nw Missouri), Illinois Valley Cellular, Inland Cellular, Iwireless (Iowa Wireless), Keystone Wireless (Immix Wireless/Pc Man), Mosaic (Consolidated Or Ctc Telecom), Nex-Tech Wireless, Ntelos, Panhandle Communications, Pioneer, Plateau (Texas Rsa 3 Ltd), Revol, Rina, Simmetry (Tmp Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, And West Central (Wcc Or 5 Star Wireless).
Cancel
Text The Keyword Stop, Cancel Or Unsubscribe To Our Phone Number To Cancel. After Texting Stop, Cancel Or Unsubscribe To Our Number, You Will Receive An Additional Message Confirming That Your Request Has Been Processed. You Acknowledge That Our Text Messaging Platform May Not Recognize And Respond To Unsubscribe Requests That Do Not Contain The Stop, Cancel Or Unsubscribe Keyword Commands, And Agree That Earthen Skincare And Its Service Providers Are Not Responsible For Failure To Honor Such Requests. If You Unsubscribe From One Of Our Text Messaging Plans, You May Continue To Receive Text Messages From Earthen Skincare Through Any Other Plans You Are Enrolled In Until You Unsubscribe From Those Plans Individually.
Help
Text The Keyword “Help” To Our Number To Return To Customer Service Contact Information.
Customer Service
If You Experience Any Problems, Please Visit Https://Www.9deepmaintenance.Com/Contact/ And Submit The Form With A Detailed Description Of Your Question Or Support Request, Or Send An Email To Meganmorklay@Outlook.Com
Contact
This Messaging Program Is A Service Provided By 9deepmaintenance, Located At 2390 Powell St, Apt 208, San Francisco, Ca 94133, United States
Dispute Resolution
General
In Order To Resolve Disputes Between You And 9deepmaintenance In The Quickest And Most Cost-Effective Manner, You And 9deepmaintenance Agree That Any Dispute Arising Out Of Or Relating To These Messaging Terms And Conditions (“Messaging Terms”) Or Text Messages You Receive From 9deepmaintenance Or Its Service Providers Will Be Resolved By Binding Arbitration. Arbitration Is Less Formal Than Filing A Lawsuit In Court. Arbitration Uses A Neutral Arbitrator Instead Of A Judge Or Jury, Which May Allow For More Limited Discovery Than In Court And May Be Subject To Very Limited Review By A Court. Arbitrators Can Award The Same Damages And Relief As A Court. This Agreement To Arbitrate Disputes Includes All Claims Arising Out Of Or Relating To These Message Terms Or Text Messages You Receive From 9deepmaintenance Or Its Service Providers, Whether Based In Contract, Tort, Statute, Fraud, Misrepresentation, Or Any Other Legal Theory, And Regardless Of When The Claim Arose. You Understand And Agree That, By Agreeing To These Message Terms, You And 9deepmaintenance Are Each Waiving The Right To A Jury Trial Or To Participate In A Class Action, And That These Message Terms Shall Be Subject To And Governed By The Federal Arbitration Act.
Exceptions
Notwithstanding The Provisions Of The “General” Subsection Above, Nothing In These Message Terms Will Be Deemed To Waive, Preclude, Or Otherwise Limit Your Or 9deepmaintenance’S Right To: (I) Bring An Individual Action In Small Claims Court; (Ii) Take Enforcement Action With Applicable Federal, State, Or Local Agencies, If Applicable; (Iii) Seek Injunctive Relief In Aid Of Arbitration From A Court Of Competent Jurisdiction; Or (Iv) Litigate In Court To Resolve Intellectual Property Infringement Claims.
Arbitrator
Any Arbitration Between You And Earthen Skincare Will Be Governed By The Federal Arbitration Act And The Commercial Dispute Resolution Procedures And The Supplementary Procedures For Consumer Related Disputes (Collectively, The “Aaa Rules”) Of The American Arbitration Association (“Aaa”), As Modified By These Message Terms, And Will Be Administered By The Aaa. The Aaa Rules And Filing Forms Are Available Online At Www.Adr.Org, By Calling The Aaa At 1-800-778-7879, Or By Contacting 9deepmaintenance. The Arbitrator Shall Have Exclusive Authority To Resolve Any Dispute Concerning The Interpretation, Applicability, Or Enforceability Of This Binding Arbitration Agreement.
Notice; Process
If You Or 9deepmaintenance Intend To Seek Arbitration, The Party Seeking Arbitration Must First Send To The Other A Written Notice Of Dispute (“Notice”) By U.S. Mail. 9deepmaintenance’S Address For The Notice Is: [Brand Address] Attn: Ceo. The Notice Must: (I) Describe The Nature And Basis Of The Claim Or Dispute; And (Ii) Set Forth The Specific Relief Sought (“Demand”). You And 9deepmaintenance Will Make Good Faith Efforts To Resolve The Claim Directly, But If You And 9deepmaintenance Do Not Reach An Agreement Within 30 Days After The Notice Is Received, You Or 9deepmaintenance May Commence An Arbitration Proceeding. During The Arbitration, The Amount Of Any Settlement Offer Made By You Or 9deepmaintenance Shall Not Be Disclosed To The Arbitrator Until After The Arbitrator Has Made A Final Decision And Award, If Any.
Fees
If You Commence Arbitration Under These Message Terms, 9deepmaintenance Will Reimburse The Filing Fee You Paid, Unless The Amount Of Your Claim Is More Than $15,000 Or As Described Below, In Which Case The Payment Of Any Fees Will Be Determined By The Aaa Rules. If The Claim Is For $15,000 Or Less, You May Choose Whether The Arbitration Will Be Conducted: (I) Solely On The Basis Of Documents Submitted To The Arbitrator; (Ii) Through A Non-Appearance Telephone Hearing; Or (Iii) Through An In-Person Hearing As Provided For In The Aaa Rules. If The Arbitrator Finds That The Substance Of Your Claim Or The Relief Sought In It Is Frivolous Or Brought For An Improper Purpose (As Measured By The Standards Set Forth In Federal Rule Of Civil Procedure 11(B)), Then The Payment Of All Fees Will Be Governed By The Aaa Rules. In Such Event, You Agree To Reimburse Earthen Skincare For All Amounts Previously Paid By Earthen Skincare That You Are Obligated To Pay Under The Aaa Rules. Regardless Of The Manner In Which The Arbitration Is Conducted, The Arbitrator Must Issue A Reasoned Written Decision Fully Explaining The Essential Findings And Conclusions On Which The Decision And Award, If Any, Are Based. You And 9deepmaintenance Agree That Such Written Decision, As Well As Information Exchanged During The Arbitration, Will Be Kept Confidential, Except As Necessary To Enforce Or Permit Limited Judicial Review Of The Award. The Arbitrator May Make Decisions And Resolve Disputes Regarding The Payment And Reimbursement Of Fees Or Expenses At Any Time During The Proceeding And Upon A Request Made By You Or Earthen Skincare Within 14 Days Of The Arbitrator’S Decision On The Merits.
No Class Actions
You And 9deepmaintenance Agree That Each Party May Bring Claims Against The Other Only In His Or Her Individual Capacity, And Not As A Plaintiff Or Class Member In Any Purported Class Or Representative Proceeding. Furthermore, Unless Both You And 9deepmaintenance Agree Otherwise In A Signed Writing, The Arbitrator May Not Consolidate More Than One Person’S Claims, And May Not Preside Over Any Form Of A Representative Or Class Proceeding.
Modifications To This Arbitration Provision
Notwithstanding Anything To The Contrary In This Information Provision, If 9deepmaintenance Makes Any Future Change To This Arbitration Provision (Other Than A Change In 9deepmaintenance’S Notice Address), You May Reject Such Change By Sending Us Written Notice Within 30 Days Of The Change In 9deepmaintenance’S Notice Address, In Which Case This Arbitration Provision (In Effect Immediately Prior To The Change You Reject) Will Continue To Govern Any Dispute Between You And 9deepmaintenance.
Enforceability
If The Arbitrator Finds That Applicable Law Prohibits Enforcement Of Any Of The Limitations On A Particular Claim For Relief In The Subsection Titled “Modification Of This Arbitration Provision” Above (For Class, Representative, And Consolidated Actions), Then That Claim (And Only That Claim) Must Be Severed From The Arbitration And Brought In Court. If Any Other Provision Of These Messaging Terms Is Found To Be Unenforceable, The Applicable Provision Shall Be Deemed Deleted, And The Remainder Of These Messaging Terms Shall Remain In Full Force And Effect.