The foregoing sets forth the terms and conditions between you and Salez Storm, LLC, an Ohio limited liability company (hereinafter “SS”). By clicking “Accept” below, you agree to all the following terms and conditions.
You must register for our services using accurate data, and provide your current mobile phone number, address, and payment information. You shall further be required to input accurate data, including addresses, phone numbers, and other required information, for the recipient of the gift packages, postcards, and other items (the gift packages, postcards, and all items sent by SS, including the contents therein, shall collectively and individually be referred to as the “items”).
By using Salez Storm you agree that you will not use our system to SPAM anyone at anytime. Violating this policy will result in immediate cancellation of your account. SPAM rules are very serious and if you do not know the person you are sending a message to, then it is probably best not to send it.
If any information required for proper delivery, including, but not limited to, your address or the address of the recipient of the items changes, it is your responsibility to change and/or update said information. A fifteen-dollar($15) fee will be charged for any items returned to SS as undeliverable for any reason, including, but not limited to, items returned as “unclaimed.” You understand that it is impossible for SS to calculate SS’s exact costs and/or damages for undeliverable items, and therefore agree that this fifteen-dollar ($15) fee is an accurate estimate for restocking, storage, and administrative costs SS will incur for each undeliverable item.
You must provide certain devices, software, and data connections to use our services, which SS does not supply. For as long as you use SS’sservices, you consent to downloading and installing updates for our services. These updates may from time to time install to your device automatically.
You are responsible for all carrier data plan and other fees and taxes associated with your use of SS’s services. SS may charge you for SS’s services, including applicable taxes. SS is not responsible for any disruptions or interruptions to your mobile or data services. SS shall not be liable for any costs, incidental or otherwise, caused by any disruptions or interruptions to your mobile or data services.
SS may refuse or cancel ordersat SS’s sole discretion. SS does not provide refunds for SS’s services, except as required by law.
You agree that SS does not deal in consumer transactions. You agree that you are not a “consumer” and you further agree to use SS’s services for business purposes only. By using SS’s services, you agree to receive estimates through SS’s mobile application, and you agree that all descriptions of costs in the application are sufficient estimates of your costs.
You agree to SS’s collection, use, processing, and sharing of your information to third party associates. Any information collected by SS shall only usein connection with SS’s services. All of SS’s rights and obligations are freely assignable by SS in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and SS may transfer your information to any of SS’s affiliates, successor entities, or new owner.
SS may collect, use, preserve, and share your information 1) in response to applicable laws or regulations, legal process, subpoena, or to government requests; 2) to enforce our terms and any other applicable terms and policies, including for investigations of potential violations; 3) to detect, investigate, prevent, and address fraud and other illegal activity; 4) for security, or technical issues, or 5) protect the rights, property, and safety of our employees, third party associates, or customers. You further agree to receive text messages and/or phone calls from SS or SS’s third-party associates.
All intellectual property rights associated with SS, including its mobile application, logos, data, techniques, forecasts, business operation, or otherwise, shall belong to SS, and you agree not to use in any manner such information for personal or business use.
You agree to use SS’s services for lawful purposes only. You agree not to use or assist another person to use SS’s services to achieve any unlawful or illegal acts, to violate, misappropriate, or infringe the rights of others, to transmit obscene, defamatory, threatening, intimidating, harassing, hateful, racially, religiously or ethnically offensive materials or messages, or to impersonate or appropriate the name or likeness of anyone else.
You hereby understand that SS deals with independent third parties for its mobile application as well as the items, and therefore, make no guarantees regarding the mobile application and/or the items. You hereby release, waive, and discharges SS from all liability for any and all loses, damages, or any claim of damage in any manner related to the mobile application or the items.
You understand that items, including, but not limited to, ribbon and enhancements of the items, may vary depending on availability. As such, SS reserves the right to substitute similar items of equal or greater value as SS deems necessary in SS’s sole and absolute discretion. Any changes to your order will be communicated to you prior to mailing. It is your responsibility to communicate any objections to any change to your order to SS prior to mailing.
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. Any controversy or claim arising out of or relating to this transaction or transactions will be settled by arbitrationin accordance with the commercial arbitration rules of the American Arbitration Association. All disputes arising out of SS’s services or in any manner connected with or related to SS’s service shall be heard by arbitrators in Cuyahoga County, Ohio, and no dispute may be heard in any other forum or venue other than Cuyahoga County. Judgment upon the award rendered by the arbitrators may be entered in Cuyahoga County, Ohio. You further agree that any such controversy or claim will be submitted to three arbitrators selected from the panels of arbitrators of the American Arbitration Association. You further agree that you will abide by and perform any award rendered by the arbitrators, that a judgment of the court having jurisdiction may be entered on the award, and that all awards shall be final and binding. YOU AGREE TO RESOLVE ALL DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
You may find the Rules of the American Arbitration Association here:
You may find costs of the arbitration with the American Arbitration Association here:
You agree that these terms and conditions contain the entire understanding between yourself and SS, and supersede all other written or oral exchanges, arrangements agreements or negotiations between or among yourself and SS. SS may amend or update these terms and conditions. SS will provide you notice of amendments to these terms and conditions.If and when changes to these terms and conditions are made, you will receive notice of the changes and an opportunity accept or decline the newly amended terms and conditions. If you do not agree to our terms and conditions, as amended, you must stop using our services.
These terms and conditions shall be binding on and inure to the benefit of the parties and their respective successors and assigns.
If you are using our messaging component you agree to have your number "ported" to SS. This will allow outbound SMS and MMS (text and picture text) to show up as originating from your number. We can not guarantee that porting will be successful and the process may take 30 to 45 days. If it is unsuccessful, then you still may use the original phone number that we will assign to your account. The number we provide is a spam-free number and is guaranteed to work on any domestic cell phone plan. There is no way to speed up the porting process, so please do not ask.
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