Website offers email and mobile messaging Programs (hereafter “Programs”), which you agree to use and participate in subject to these Terms and. By opting into or participating in any of our Programs, you accept and agree to these Terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.

Modification of Terms:

We reserve the right to revise these Terms from time to time. If we do revise these Terms, the revised terms will supersede prior revisions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. Any updates to these Terms shall be communicated to you by mobile message with a link to the updated Terms. Your continued participation in the Programs after receiving notice of the updated Terms constitutes your acceptance of any revisions. If you do not agree to the revisions, you must opt out of the Programs.

User Opt In:

Programs allow users to receive electronic messages by affirmatively opting into the Programs. Regardless of the opt-in method you utilized to join Programs, you agree that these Terms apply to your participation in the Programs. By participating in the Programs, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out:

If you do not wish to continue participating in the Programs or no longer agree to these Terms, you agree to reply “STOP” or any other available unsubscribe method. You may also contact info@kayforcobbchair.com with clear instructions for opting out of further communications. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting to remove you from our list is not a reasonable means of opting out.

Duty to Notify and Indemnify:

If at any time you intend to stop using the communication methods used to subscribe to the Programs, you agree that you will complete opt out process set forth above. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of any communication method without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the electronic messages, as a result of claims brought by the individual(s) who is later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US, OUR AGENTS, AND ANY THIRD-PARTY SERVICE PROVIDER WE USE TO SEND ELECTRONIC MESSAGES HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Programs Description:

Without limiting the scope of the Programs, users that opt into the Programs can expect to receive messages concerning our activities and your relationship with Us, including, but not limited to, email and SMS messages from Us.

Cost and Frequency:

Message and data rates may apply. The Programs involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions:

For support regarding the Programs, text “HELP” to (404) 905-1130 or email us at info@kayforcobbchair.com. Opt outs must be submitted in accordance with the User Opt Out procedures set forth above.

MMS Disclosure:

The Programs will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty:

Programs are offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your providers. We will not be liable for any delays or failures in the receipt of any messages connected with our Programs. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Our control.

Age Restriction:

You may not use or engage with the Programs if you are under thirteen (13) years of age. If you use or engage with the Programs and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13), 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 Programs, or are of adult age in your jurisdiction. By using or engaging with the Programs, you also acknowledge and agree that you are permitted by your jurisdiction's applicable law to use and/or engage with the Programs.

Truthful and Accurate Information:

When you complete forms online or otherwise provide Us information in connection with the Programs, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Programs for an ulterior purpose, We may refuse you access to the Programs and pursue any appropriate legal remedies.

Our Warranty:

We will not be liable for any delays or failures in the receipt of any messages connected with the Programs. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Our control.

Privacy Policy:

Our Privacy Policy is fully incorporated into these Terms and Conditions.

When We Share Your Information:

WE DO NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR PERSONAL INFORMATION COLLECTED OR RECEIVED THROUGH THE PROGRAMS TO ANY THIRD PARTY.

However, We may share your personal information with a third-party platform provider or other trusted service partners as may be necessary to send you messages or advertising under the Programs and these Terms. We always reserve the right to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property.

Contact Us:

To exercise any of your rights related to your personal information, please contact us using one of the following methods:

● Call us at (404) 905-1130

● Visit us at https://kayforcobbchair.com, or

● Send us an email at info@kayforcobbchair.com

California Residents.

Beginning January 1, 2020, if You are a California resident, as defined in Section 17014 of Title 18 of the California Code of Regulations, You have certain rights with regard to your personal information. This section describes those rights and explains how to exercise those rights.

Access to Information. You have the right to request that We disclose certain information to you about Our collection and use of your personal information over the past 12 months. Upon receipt of a verifiable request, we will provide you access to personal information We have collected about you or disclose to you the categories of personal information We have collected, the categories of sources from which We obtained that information, and how We have used or shared that information.

Right to Request Deletion. You also have the right to request that We delete any of your personal information that We collected from you and retained, subject to certain exceptions as allowable by law. You understand that We may deny your deletion request as provided by law, including, but not limited to, retaining the information if it is necessary for Us to:

● Complete the transaction for which We collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of Our ongoing business relationship with you, or otherwise perform Our contract with you;

● Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;

● Debug products or identify and repair errors that impair existing intended functionality;

● Comply with a legal obligation, including, but not limited to, preserving evidence demonstrates our compliance with the Telephone Consumer Protection Act (“TCPA”) during the statute of limitations period applicable to the TCPA; and/or

● Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

To exercise any of your rights related to your personal information, please contact us using one of the methods indicated in the “Contact Us” section above.

Dispute Resolution:

In the event that there is a dispute, claim, or controversy between you and Us, or between you and our third-party text messaging platform provider, or between you and any other third-party service provider acting on Our behalf to transmit the mobile messages related to the Programs Description set forth above, arising out of or relating to federal or state statutory claims, common law claims, these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including, but not limited to, the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Atlanta, GA 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 Our 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 (5) 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, either 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 to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results, of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous:

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Programs shall be subject to these Terms unless explicitly stated otherwise in writing.