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Terms of Services

Terms of Service for LKD Goods Home Decor: SMS/MMS Mobile Message Marketing Program Terms and Conditions

 

Welcome to LKD Goods Home Decor's mobile messaging program (the "Program"). By participating in our Program, you agree to the following Mobile Messaging Terms and Conditions and Privacy Policy available at https://lkdgoods.com/policies/privacy-policy (the "Agreement"). Please read this Agreement carefully, and if you do not agree to these terms, do not participate in the Program.

 

User Opt-In: By enrolling in the Program through an online or application-based enrollment form, you agree to receive SMS/MMS mobile messages from us. You understand that your consent is not necessary to make any purchase from us. While you consent to receive messages sent using an auto dialer, not all messages are sent through such a system. Message and data rates may apply, and message frequency may vary.

 

User Opt-Out: If you no longer wish to participate in the Program or do not agree to this Agreement, reply with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us to opt out. You may receive an additional message confirming your decision to opt-out. Any other method of opting out, including, but not limited to, texting words other than those mentioned above or verbally requesting removal from our list, is not a reasonable means of opting out.

 

Program Description: Our Program allows users to receive messages regarding the marketing, promotion, payment, delivery, and sale of Home Decor Goods, including checkout reminders.

 

Cost and Frequency: Message and data rates may apply, and message frequency may vary. You agree to receive messages periodically at our discretion.

 

Support Instructions: For support regarding the Program, text "HELP" to the number you received messages from or email us at help@lkdgoods.com. 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.

 

MMS Disclosure: If your mobile device does not support MMS messaging, the Program will send SMS TMs (terminating messages).

 

Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program.

 

Participant Requirements: To participate, you must have a wireless device 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.

 

Age Restriction: If you are under thirteen (13) years of age, you may not use or engage with the Platform. If you are between thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to use or engage with the Platform. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent's or legal guardian's permission to use or engage with the Platform, or are of adult age in your jurisdiction.

 

Prohibited Content: You acknowledge and agree not to send any prohibited content over the Platform.

 

Prohibited content includes fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity, as well as objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age.

 

By using our services, you agree not to upload, download, post, email, or otherwise transmit any content that is illegal, infringes upon the rights of others, or violates the terms of this agreement. Prohibited content includes, but is not limited to:

 

  • 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). 

  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

 

Dispute Resolution: In the event of a dispute, claim, or controversy between you and us, or between you and any 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, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Grand Rapids, MI 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 Federal Judicial Circuit in which LKD Goods Home Decor’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. 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 as part of a well-reasoned decision. 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 THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence

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