GasPullz Inc. and its affiliates ("We" or "Us") are offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these SMS Marketing Terms and Conditions (the "Terms"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions.
The Program allows users to receive SMS/MMS mobile messages or other marketing and informational communications by opting into the Program — such as through online or application-based enrollment forms, or by texting a keyword to one of our phone numbers (a traditional 10-digit phone number, a toll-free number, or a short code) to which you may need to respond to confirm your opt-in.
Regardless of the opt-in method you used to join the Program, you agree that these Terms apply to your participation. By participating, you agree to receive text messages, including automated text messages, at the phone number associated with your opt-in. You understand that consent to these terms is not required to make any purchase from Us.
While you consent to receive messages sent using an autodialer, this shall not be interpreted to suggest or imply that any of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"), and you and We agree that the system We use to send Our messages is not an ATDS.
If you do not wish to continue participating in the Program or no longer agree to these Terms, reply with any of the following keywords to any mobile message from Us:
You may receive one additional mobile message confirming your decision to opt out. You understand and agree that these opt-out options are the only reasonable methods of opting out. Any other method of opting out — including texting words other than those set forth above or verbally requesting removal — is not a reasonable means of opting out.
For support regarding the Program, text HELP in reply to any message you received from Us, or reach us directly:
We do not charge you for our messages, however message and data rates may apply from your wireless carrier. The Program involves recurring mobile messages, which may vary in frequency based on your level of interaction with Us and other factors.
The Program will attempt to send SMS messages (terminating messages) if your mobile device does not support MMS messaging.
The Program is offered on an "as-is" basis and may not always be available in all areas. It may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Carriers are not liable for delayed or undelivered mobile messages.
You must have a wireless device of your own 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.
Our full SMS Privacy Policy can be found at https://slk1.io/5baf.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GASPULLZ INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM OR THESE TERMS, EVEN IF GASPULLZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL GASPULLZ INC.'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless GasPullz Inc., its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) your participation in or use of the Program; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right or privacy right; or (d) any claim that your use of the Program caused damage to a third party.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Los Angeles County, California, and you hereby consent to personal jurisdiction and venue therein.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms or your participation in the Program shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. The arbitration shall take place in Los Angeles, California, and shall be conducted in English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. You agree that any arbitration or proceeding shall be limited to the dispute between GasPullz Inc. and you individually. To the fullest extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of a dispute.
GasPullz Inc. reserves the right to change, modify, or update these Terms at any time and in our sole discretion. If we make material changes, we will notify you by sending a message to the phone number associated with your opt-in or by posting the updated Terms on our website. Your continued participation in the Program after such notification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must opt out of the Program using the methods described above.
All content, materials, trademarks, logos, trade names, and other intellectual property associated with the Program and GasPullz Inc. are the exclusive property of GasPullz Inc. or its licensors. Nothing in these Terms grants you any right, title, or interest in or to any GasPullz intellectual property. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any GasPullz content without our prior written consent.
THE PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GASPULLZ INC. DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK.
If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which shall continue in full force and effect.
These Terms, together with our SMS Privacy Policy and any other legal notices published by GasPullz Inc. in connection with the Program, constitute the entire agreement between you and GasPullz Inc. concerning the Program and supersede all prior and contemporaneous agreements, representations, warranties, and understandings with respect to the Program. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.