These Mobile Promotions Terms and Conditions (“Mobile Terms”) govern your use of the MAX Franchising, LLC text messaging information and marketing program (the “Program”). MAX Franchising may at times be referred to in these Mobile Terms as the “Company”, “we”, “us”, or “our”.
Your access to, use of, and participation in, the Program represents your agreement to these Mobile Terms, including the mandatory Arbitration requirement provided below. IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING ANY FUTURE CHANGES THERETO, DO NOT ACCESS, SUBSCRIBE, OR USE THE PROGRAM.
The Program is an account information and marketing program that may send you updates on your account activity, as well as, but not limited to, deals and special offers. This information is delivered directly to your mobile phone via SMS and/or MMS. As a Program member, you may receive marketing communications, membership information, reminders, special deals, insider news, access to special events, and other brand specific communications.
Mobile Messaging Terms
By opting-in and participating in the Program, you expressly agree to receive recurring telemarketing and promotional messages from us, including text messages (including SMS and MMS) sent using an automated telephone dialing system (ATDS) to the mobile number provided by you at opt-in.
You understand that your consent is not required as a condition of submitting your contact information through our website, social media channels, or other brand platforms.
The number of account update and information text messages you may receive via the Program will depend on your activity with us and also the specific MAX Challenge location for which you signed up.
You understand that message and data rates may apply, and you agree (1) to pay these charges and (2) that your consent applies even if you must pay a charge for the Program text messages.
You represent and warrant that you are at least eighteen (18) years of age or older and that you have the consent of the wireless account holder to opt-in and participate in the Program.
If you signed up to the Program by texting a signup keyword, you may receive a confirmation text message. You may need to reply as instructed in this message to complete registration in the Program.
You agree to notify us of any changes to your mobile number and update your subscription with us to reflect this change.
Reply STOP to cancel. You understand and agree that texting STOP does not revoke your consent to be called or texted by one of our staff members in connection with any other product, account, or service.
To Stop Receiving Program Texts
You may opt-out of Program promotional or account update text messages at any time by texting the word STOP to the MAX Challenge location’s mobile messaging phone number at which you signed up. The opt-out trigger word is NOT case sensitive.
If you opt-out, you understand and agree to receive a final text message that allows us to confirm your choice to opt-out.
Alternatively, you can also opt-out of Program text messages by sending an email with your mobile phone number which you used to opt-in to email@example.com By using this method, you understand and agree that this opt-out method is not instantaneous; it may take us up to ten (10) business days from when the email request is received to process your removal and that you might still receive Program text messages during this time.
Device Requirements for Program
To take advantage of the Program, you must have a text messaging-enabled mobile device with a current text messaging plan with your carrier.
The Program text messaging works with all major U.S. carriers including currently: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, and a host of other smaller regional carriers.
Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Carrier Network Issues/Malfunction
You agree that we are not liable for any claimed or actual violations under the Telephone Consumer Protection Act (TCPA) caused by or stemming from a carrier network failure or malfunction.
ARBITRATION—THIS SECTION LIMITS YOUR RIGHT TO A TRIAL BEFORE A JUDGE OR JURY –READ CAREFULLY
For purposes of this arbitration clause (the “Clause”), “you” and “your” refer to the individual consenting to receive Program telemarketing and promotional messages; and “we,” “our,” and “us” include the Company, and each of their parents, affiliates, subsidiaries, employees, officers, directors, agents, servicers, or assigns.
A “Claim” under this section is any claim, dispute or controversy that arises from or relates to the Program. A Claim includes but is not limited to: (i) the sending or receipt of automated telephone dialing systems-generated marketing messages; (ii) claims alleging fraud or misrepresentation; or (iii) any other Claims under common law, equity, or concerning federal, state, or local law or regulation, including without limitation The TCPA. You or we may elect to resolve any Claim exclusively by binding individual arbitration. The Federal Arbitration Act governs this Clause. One arbitrator will hear the Claim. The arbitrator will conduct the arbitration per the American Arbitration Association (“AAA”) rules.
ANY ARBITRATION MUST BE ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE YOUR RIGHT TO BE A CLASS REPRESENTATIVE OR CLASS MEMBER FOR ANY CLAIM AGAINST US. YOU ALSO WAIVE ANY RIGHT TO CONSOLIDATE OR JOIN YOUR CLAIMS WITH ANY OTHER PERSON OR ENTITY’S CLAIMS. YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. THIS IS CALLED A “CLASS ACTION WAIVER.”
The arbitrator may not award relief in a form or amount not allowed by law. Any arbitration hearing will take place in the state of New Jersey. Your Claim shall be governed by the laws of New Jersey, without regard to conflicts of law provisions. Judgment on the award may be entered in New Jersey. This Clause and Class Action Waiver are also binding on each party and their respective heirs, successors and assigns. If any part of this Clause other than the Class Action Waiver cannot be enforced, the rest will be enforced. If the Class Action Waiver cannot be enforced, the entire Clause will be unenforceable.
YOU MAY OPT OUT OF THIS ARBITRATION CLAUSE. To do so, you must send us a notice that you choose to opt out by Certified Mail, return receipt requested. The notice must be post marked within fourteen (14) days of the date of enrollment in the Program. Such notice must be sent to the following address: MAX Franchising, LLC, 1116 Campus Drive, Attn: Marketing Manager.
Limitations of Liability
The Company does not assume any responsibility, and shall not be liable for any damages to, or viruses or other harmful or malicious code that may infect your device, telecommunication equipment, or other property caused by or arising from your receipt of Program telemarketing and promotional messages or your participation in the Program and will not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third parties.
IN NO EVENT WILL COMPANY OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE PROGRAM TEXTS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE OR ACCESS TO PROGRAM TEXTS, OR ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING COMPANY’S NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH PROGRAM TEXT MESSAGES, OR ANY MATERIAL OR CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE PROGRAM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND US.
Waiver and Severability
No waiver by either party of any term or condition set forth in these Mobile Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under these Mobile Terms shall not constitute a waiver of such right or provision.
Changes to Mobile Terms
Certain provisions of these Mobile Terms may change by expressly designated legal notices or other legal means (the “Changed Terms”). If these Mobile Terms conflict with such Changed Terms, such Changed Terms shall govern and apply; however the arbitration provisions of these Mobile Terms shall apply to the Changed Terms. We reserve the right to modify some or all of these Mobile Terms by posting the modified version to our website (https://www.themaxchallenge.com/mobile-terms), as well as the right to make changes to any special offers or promotions connected with the Program. Your continued use of or participation in the Program following such changes constitutes your acceptance of those changes.
Questions / Comments / Concerns
Please direct all comments, questions, or concerns regarding our Program to firstname.lastname@example.org