Điều khoản dịch vụ
SMS Marketing Consent
By consenting to Pink Magnolia Station’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at info@clearer.io for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy at https://www.clearer.io/privacy-policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement
1. Arbitration:
By using or purchasing Pink Magnolia Station products or services, you agree that any controversy, claim, action, or dispute between you and Pink Magnolia Station arising out of or relating to: (a) these Terms, or the breach thereof; (b) your access to or use of Pink Magnolia Station’s website, services, or materials; or (c) any alleged violation of any federal, state, or local law, statute, or ordinance (each a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit disputes to a neutral third person (arbitrator) for a binding decision instead of a lawsuit in court. The arbitrator must issue a reasoned award in writing, including all findings of fact and law. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review. Each party’s attorneys’ fees, expert costs, and other costs incurred in connection with arbitration will be borne by the party incurring them.
1.1 Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in MA, USA, but parties may choose to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and the internal laws of MA, without regard to conflicts of laws principles. Any disputes over enforceability, applicability, validity, or voidability of these arbitration provisions shall be determined exclusively by the arbitrator. If the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply.
1.2 Exclusion from Arbitration:
Notwithstanding the above, you may choose to pursue a Claim in court instead of arbitration if you opt out within 30 days from the date you first purchase any of Pink Magnolia Station’s products or services (the “Opt-Out Deadline”). You may opt out by mailing written notification to 116 Huntington Ave., 15th Floor, Boston, MA 02116. Your notification must include your name, address, and a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will not adversely affect your relationship with Pink Magnolia Station. It is your responsibility to ensure we receive your opt-out notice. Any opt-out request received after the Opt-Out Deadline will not be valid.
2. Class Action Waiver:
You and Pink Magnolia Station agree that you may bring Claims against Pink Magnolia Station only in your individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both parties agree otherwise in writing, the arbitrator may not consolidate the claims of other parties or preside over any form of representative or class proceeding. Any dispute regarding the enforceability of this Class Action Waiver shall be determined only by a court of competent jurisdiction.