Please read these SMS/Text Messaging Terms & Conditions carefully.
By completing the SMS/Text Messaging Opt-In Form, you expressly consent to receive non-marketing and marketing text messages from Inyo Fine Cannabis Dispensary, LLC (“INYO”), including text messages made with an Autodialer, at the mobile phone number(s) you provide. You may opt-out of these communications at any time by replying STOP to any text message from INYO or by otherwise contacting INYO as indicated below. You can receive help at any time by contacting INYO as indicated below. Consent to receive non-marketing or marketing text messages is not required to purchase any products or services from INYO. Messaging and data rates may apply.
By completing the SMS/Text Messaging Opt-In Form, you also accept and agree to be bound by these SMS/Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of INYO services.
INYO offers its text messaging program whereby INYO, and any applicable service providers, will text message you to provide you with information concerning your account activity with INYO and other INYO products, services, and promotions (all of the foregoing the “INYO Program”). INYO and its service providers may, from time to time, use standard or an automatic telephone dialing system (“Autodialer”) to deliver text messages to you under the INYO Program. You agree that you will not use the INYO Program for any illegal or unlawful purposes.
Under the INYO Program, the number of INYO text messages that you receive may vary.
INYO does not impose a separate fee for sending INYO text messages under the INYO Program. However, standard message and data rates may apply to each text message sent or received in connection with the INYO Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.
How to Opt-In
To opt-in to receive text messages from INYO under the INYO Program, complete this SMS/Text Messaging Opt-In Form and submit it to INYO. INYO will then send you a text message asking you to confirm your enrollment in the INYO Program.
How to Opt-Out
To stop receiving text messages from INYO, text STOP to the ten-digit long code from which the text messages are being sent. You will then receive confirmation of your opt-out of the INYO text messaging program. You may also opt out by providing written notice to INYO at 2520 S Maryland Pkwy #2, Las Vegas, NV 89109, by emailing INYO at email@example.com, or calling INYO at (702) 707-8888.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder’s permission to enter the mobile telephone number(s) that you provide and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to-date information with INYO regarding your use of the INYO Program, including, without limitation, notifying INYO in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify INYO in full for all claims, expenses, damages, and
costs, including reasonable attorneys’ fees, related to or caused in whole or in part by your failure to notify INYO if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.
You may receive help by providing written notice to INYO at 2520 S Maryland Pkwy #2, Las Vegas, NV 89109, by emailing INYO at firstname.lastname@example.org, or calling INYO at (702) 707-8888.
Changes to These SMS/Text Messaging Terms & Conditions
INYO may revise, modify, or amend these SMS/Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to INYO’S website. You agree to review these SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive INYO text messages will indicate your acceptance of those changes.
Release; No Warranties; Limitation of Liability
By participating in the INYO Program, you agree to release and hold harmless INYO and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with INYO, or your use thereof, and for any claims, matters, or disputes based on violation of law or
infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.
THE INYO PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. INYO DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
In no event shall INYO be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the INYO Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney’s fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. To the extent this damage waiver is contrary to applicable law, your or any third party’s maximum recovery for any losses or damages whatsoever arising out of or resulting from the INYO Program, or your use thereof, regardless of the theory of recovery, is $10.00.
Arbitration/Class Action Waiver
ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND INYO ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND INYO OR ANYONE ACTING ON YOUR OR INYO’S BEHALF, OR THE INYO PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES (“AAA RULES”) BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR LAS VEGAS, NV PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND INYO INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE; NO WARRANTIES; LIMITATION OF LIABILITY PROVISION.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.
THIS PROVISION MUST BE CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING JURISDICTION. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS. ARBITRATION PROCEEDINGS MAY BE COMMENCED BY EITHER PARTY TO THIS AGREEMENT BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN LAS VEGAS, NV, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.
The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims, matters, and disputes between you and INYO alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.
In the event of any claim, matter, or dispute between you and INYO arising out of or relating in any way to these SMS/Text Messaging Terms & Conditions, any text messages between you and INYO or anyone acting on your or INYO’S behalf, or the INYO Program, INYO, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys’ fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration related fees and expenses.
The law of the State of Nevada, including its statutes of limitations and without reference to any conflict of laws principles, shall be applied to any claim, matter, or dispute between the parties or when governing, construing, or enforcing these SMS/Text Messaging Terms & Conditions, the INYO Program, or any text messages between you and INYO or anyone acting on your or INYO’S behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.
If you have questions regarding these SMS/Text Messaging Terms & Conditions, you may reach us by calling (702) 707-8888, by mail at 2520 S Maryland Pkwy #2, Las Vegas, NV 89109, or by email at email@example.com.
I give INYO, its staff, and service providers permission to contact me via my cellular device for automated phone calls and SMS text messages for marketing and non-marketing messages. By signing, I certify that I am the owner or authorized user of this cellular device and its user contract.