ADDLE iNK TEXT MESSAGING TERMS OF USE

By "Opting In" to or using a “Text Message Service” (as defined below) from ADDLE iNK, you accept these Terms & Conditions. THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DESCRIBED BELOW.

This agreement is between you and ADDLE iNK or one of its affiliates. All references to "ADDLE iNK," "we," "our," or "us" refer to

ADDLE iNK
6900 S. Gray Rd
Indianapolis, IN 46237.

DEFINITIONS

"Opting In," "Opt In," and "Opt-In" refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages.

"Text Message Service" includes any arrangement or situation in which we send one or more messages addressed to your mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies).

CONSENTING TO TEXT MESSAGING

By consenting to receive text messages from us, you agreed to these Text Messaging Terms and Conditions, as well as our General Terms of Service and Privacy Policy, incorporated herein by reference.

E-SIGN DISCLOSURE

By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by replying STOP.

ADDLE iNK TEXT MESSAGE SERVICE PRIVACY POLICY

We respect your privacy. We only use information you provide through this service to transmit your mobile messages and respond to you. This includes, but isn't limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Nonetheless, we reserve the right always to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. This Text Message Service Privacy Policy applies to your use of the Text Message Service and isn't intended to modify our general [“Privacy Policy” OR RELEVANT NAME OF PRIVACY POLICY REFERENCED IN SECTION ABOVE], incorporated by reference above, which may govern the relationship between you and us in other contexts.

COSTS OF TEXT MESSAGES

We do not charge you for the messages you send and receive via this text message service. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.

FREQUENCY OF TEXT MESSAGES

This Text Messaging Service is for conversational person-to-person communication between you and our employees. We may send you an initial message providing details about the service. After that, the number of text messages you receive will vary depending on how you use our services and whether you take steps to generate more text messages from us (such as by sending a HELP request).

OPTING OUT OF TEXT MESSAGES

If you no longer want to receive text messages, you may reply to any text message with STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. As a person-to-person communication service, opt-out requests are specific to each conversation between you and one of our employees and their associated phone number. After unsubscribing, we may send you confirmation of your opt-out via text message.

CONTACT US

For support, email info@addle.ink or Contact Us.

 

BINDING ARBITRATION, CLASS ACTION WAIVER, AND SEVERABILITY

BINDING ARBITRATION

Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Text Messaging Terms of Use, the Text Message Service, or the relationship between you and ADDLE iNK shall be resolved exclusively through binding arbitration rather than in court.

The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, which are available at www.adr.org
. The arbitration will be conducted by a single neutral arbitrator. The arbitrator shall have the authority to grant any relief that would otherwise be available in a court of competent jurisdiction.

Unless otherwise required by applicable law, the arbitration will take place in Marion County, Indiana, or another mutually agreed location. Judgment on the arbitration award may be entered in any court having jurisdiction.

Nothing in this section prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property rights, confidential information, or other proprietary interests.

CLASS ACTION WAIVER

To the fullest extent permitted by law, you and ADDLE iNK agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

You agree that you may bring claims against ADDLE iNK only in your individual capacity and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or representative proceeding.

If a court or arbitrator determines that the class action waiver set forth in this section is unenforceable, then the entire arbitration provision shall be deemed void with respect to that claim.

SEVERABILITY

If any provision of these Text Messaging Terms of Use is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

If any part of the arbitration provision or class action waiver is determined to be unenforceable, the remainder of these Terms of Use will continue to apply.