Terms and Conditions
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16 messages per month. Message and Data Rates May Apply. Please check with your carrier for any charges that may be assessed.
Waffles Incaffeinated LLC, ("the Company," "we," or "us") provides the registered users of the website http://wafflesincaffeinated.com with certain services ("Services"). This Waffles Incaffeinated User Agreement is the legal agreement ("Agreement") between you and Waffles Incaffeinated governing your use of these Services. Please read this Agreement carefully. Waffles Incaffeinated is willing to provide the Services to you only on the condition that you accept all of the terms and conditions contained in this Agreement. You accept the terms and conditions of this Agreement by registering for and using the Services. If you are unwilling to accept this Agreement, do not use the Services.
1. DESCRIPTION OF SERVICES.
Subject to your compliance with the terms and conditions of this Agreement, Waffles Incaffeinated will provide the Services to you after you have successfully and voluntarily opted in to Waffles Incaffeinated campaign. Upon Waffles Incaffeinated's acceptance of your opt-in SMS text message for participation in the Services, Waffles Incaffeinated will send you an SMS text message containing a response administered by Waffles Incaffeinated. The communication standards for the Services include, but are not limited to: SMS and web-based browser technology, provided that in order to use the Services, you must maintain an active account with a carrier of electronic communications through mobile devices (each, a "Carrier"). 16 messages per month.
At no time will Waffles Incaffeinated charge a "premium" fee nor solicit any type of payment, such as a bank account number or credit card number, from a user. Waffles Incaffeinated will only engage in "standard" text messaging campaigns which will only be subject to the standard text messaging fees charged by the user's wireless carriers.
2. AVAILABILITY OF SERVICES.
You acknowledge and agree that the availability of SMS and your ability to use the Services is on an "AS IS" and "AS AVAILABLE" basis. You acknowledge that delivery of SMS messages and availability of web-based browsing is not guaranteed. You acknowledge that the Services may differ depending on the Carrier with whom you maintain an account and that Carrier's ability to support the Services. Waffles Incaffeinated is not responsible for the act or omission of any Carrier, any limitations imposed by such Carrier, or such Carrier's ability or inability to support the Services. In addition, Waffles Incaffeinated is not responsible for any limitations of the internet. In the event your Carrier fails to deliver any communication to Waffles Incaffeinated or a provider of any Product in timely fashion, due to, but not limited to, mobile network failure or non-compatibility of your phone model with the Services, you acknowledge and agree that Waffles Incaffeinated shall not be liable for any loss or damage. In addition and without limiting the foregoing, in no event will Waffles Incaffeinated be liable for any error by you in using the Services.
3. MODIFICATION OF SERVICES.
Waffles Incaffeinated reserves the right, in its sole discretion, to modify the Services from time to time and without notice. Waffles Incaffeinated shall have no liability to you for any modification or discontinuation of the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services as so modified.
4. COST OF SERVICE.
Message and data rates may apply. 16 msgs per month.
5. LIMITATIONS ON YOUR USE OF THE SERVICES.
You may not attempt, or authorize, encourage, or support others' attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service. You agree to advise Waffles Incaffeinated promptly of any such unauthorized use(s) or attempt(s). You acknowledge and agree that the Services are for your personal use only. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Services, or any products accessible through the Services. Waffles Incaffeinated is not liable for any claims, actions, damages, or other liability incurred as a result of any unauthorized use of your account or the Services, and you agree to be fully liable for any such unauthorized access.
6. MODIFICATION OF AGREEMENT.
Waffles Incaffeinated may amend, supplement, or modify this Agreement from time to time by posting the amended Agreement on http://wafflesincaffeinated.com, and you agree to be bound by any such amendment or modification. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following posting of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Agreement, inclusive of such changes.
7. PRIVACY.
As part of the registration process, your cell number will be captured and stored in a database. Waffles Incaffeinated has an unrestricted right to collect and use any personal information you provide in connection with the Services, provided that any such use shall be in accordance with our Privacy Policy and these Terms of Service both available at http://wafflesincaffeinated.com, which is hereby incorporated by reference. By using these services, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Services.
8. SUPPORTED CARRIERS.
Alltel, AT&T, Boost Mobile, Cincinnati Bell, Cellular One, Cellular South, Nextel, Sprint, T-Mobile, U.S. Cellular, Virgin Mobile and Verizon Wireless.
9. TERMINATION.
Waffles Incaffeinated may suspend your ability to use the Services or may terminate this Agreement effective immediately and without notice to you if Waffles Incaffeinated believes you have violated or acted inconsistently with the letter or the spirit of this Agreement.
YOU AGREE THAT Waffles Incaffeinated SHALL NOT BE LIABLE TO YOU FOR ANY TERMINATION OF THIS AGREEMENT OR OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time by delivering notice to Waffles Incaffeinated at support@yourareacode.com, or by sending a text message to the Waffles Incaffeinated shortcode (91944) with the message STOP to Unsubscribe.
10. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Waffles Incaffeinated EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. Waffles Incaffeinated MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. Waffles Incaffeinated DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND Waffles Incaffeinated MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORTS AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITES OR THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Waffles Incaffeinated OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11. LIMITATION OF LIABILITY.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Waffles Incaffeinated OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION 10 REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. THE AGGREGATE LIABILITY OF Waffles Incaffeinated TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITES OR THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.