Terms and Conditions

I. Kim Griffith, LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program, Just For You, (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.

II. THE NUMBER USED FOR THE PROGRAM
Just For You text messages are sent from a messages platform based in Perth, Australia. The messages come from the same, dedicated telephone number, 844/748-5959. Typically, messages are scheduled to be delivered at 8:00 am EST. These details may be subject to change without notice.

III. OPT IN INSTRUCTIONS
The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

IV. OPT OUT INSTRUCTIONS
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing option is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

V. DUTY TO NOTIFY AND INDEMNIFY
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

VI. PROGRAM DESCRIPTION
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages delivering words of encouragement, support and inspiration designed to lift your spirits and “feel good” about yourself and your day.

A. Cost and Frequency
Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. Price for the Program is subject to change with 30 days notice. Current pricing can be found at: kimsykes.org.

VII. HELP INSTRUCTIONS
For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. The program may not be compatible with all messaging apps and data applications.

VIII. DISCLAIMER OF WARRANTY
The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.

IX. PARTICIPANT REQUIREMENTS
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Our Services are not directed at children under the age of 18, and we do not knowingly collect personal data from individuals under the age of 18. If you are under the age of 18, you may not use the Services or provide your information to us.

X. PROHIBITED CONTENT
You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes but is not limited to: – Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; – Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; – Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; – Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; – Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and – Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Kim Griffith, LLC reserves the right to report threats of physical harm to yourself or another person(s) to an appropriate law enforcement agency.

Kim Griffith, LLC has the exclusive right to immediately and without notice terminate the contract based on the messaging of prohibited content.

XI. DISPUTE RESOLUTION
In the event that there is a dispute, claim, or controversy between you and Us, or between you and/or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Williston, Florida before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Judicial Circuit in which Kim Griffith, LLC’s principle place of business is located, without regard to its conflict of laws rules. The decision of the arbitrator shall be final and binding. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.

XII. SEVERABILITY
If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

XIII. MISCELLANEOUS

A. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation.

B. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

C. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

D. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.