Terms & Conditions

Terms & Conditions

By requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages from Shipey LLC (“Sender”, “we”, “us”, “our”) through Sender’s messaging platform (“Platform”), you accept these Terms & Conditions (“Opt-In”). 

Notice Regarding Dispute Resolution: This Agreement contains provisions that govern and limit how claims you and the Sender have against each other are resolve. It also contains an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration and (A) you will only be permitted to pursue claims against the Sender on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

Opting In

• You authorize Sender to use auto dialer or non-auto dialer      technology to send text messages to the cell phone number associated with      your Opt-In (i.e., the number listed on the Opt-In form or instructions,      or, if none, the number from which you send the Opt-In, or, if none, the      number on file for the account associated with your Opt-In). You also      authorize Sender to include marketing content in any such messages. You do      not have to Opt-In or agree to Opt-In as a condition of purchase of any of      Sender’s offerings.
• You confirm that you are the subscriber to the relevant phone number      or that you are the customary user of that number on a family or business      plan and that you are authorized to Opt-In.
• You consent to the use of an electronic record to document your      Opt-In. 
• You agree that, in addition to the main messages that Sender may      provide, you may receive one or more welcome messages or administrative      messages, such as (in some cases) a request to confirm your Opt-In.

About the Text Message Services and Opting Out

• Message and data rates may apply. 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.
• Unless otherwise noted, Sender may send multiple, recurring messages      and frequency may vary. Sender may terminate any messaging services or      your participation in it at any time with or without notice, including,      for example, before you have received any or all messages that you      otherwise would have received, but these Terms & Conditions still will      apply. Your opt-out request may generate either a confirmation text or a      texted request to clarify the Text Message Service to which it applies (if      you have more than one). To complete your opt-out, please provide the      requested clarification.
• You consent to the handling of your information as described in our      Privacy Policy www.shipey.com/privacy-policy To contact Sender customer      service, at Support@shipey.com 
• You may text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt-out of      messages or for additional help, text HELP. 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 one      of our employees to remove you from our list, is not a reasonable means of      opting out. You may receive an additional mobile message confirming your      decision to opt out. These Terms & Conditions still will apply if you      withdraw the consent mentioned above.
• To request a free paper or email copy of the Opt-In, or to update      our records with your contact information, or receive help with any      messages, please contact us at Support@shipey.com Minimum technology      requirements may apply for electronic records. 

Dispute Resolution

• Any dispute or claim arising out of or relating in any way to the      Platform will be resolved by binding arbitration, rather than in court,      except that you may assert claims in small claims court if your claims      qualify. The Federal Arbitration Act and federal arbitration law apply to      these Terms & Conditions.
• BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE      WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH      AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR      CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY.      ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS      THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST      ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT      WOULD.
• To begin an arbitration proceeding, you must send a demand to the      American Arbitration Association describing your claim and serve a copy of      the demand to Support@shipey.com The arbitration will be conducted by the      American Arbitration Association under its rules, including the American      Arbitration Association Supplementary Procedures for Consumer-Related      Disputes. The American Arbitration Association rules and the form for      filing an arbitration claim are available at Support@shipey.com Payment of      all filing, administration and arbitrator fees will be governed by the      American Arbitration Association rules. We will reimburse those fees (but      not any attorney's fees) for claims totaling less than $10,000 unless the      arbitrator determines your claims are frivolous. Likewise, Sender will not      seek attorneys' fees and costs in arbitration unless the arbitrator      determines the claims are frivolous. You may choose to have the      arbitration conducted by telephone, based on written submissions, or in person      in the county where you live or at another mutually agreed upon location.
• You and Sender each agree that any dispute resolution proceedings of      any nature or in any forum will be conducted only on an individual basis      and not in a class, consolidated or representative action. This means that      you may not purport to act on behalf of a class or any other person.      Likewise, an arbitrator may not consolidate more than one person's claims,      and may not otherwise preside over any form of a representative or class      proceeding.
• If for any reason a claim proceeds in court rather than in      arbitration, you and Sender each waive any right to a jury trial, unless      such waiver is unenforceable. This means that any claim would be decided      by a judge, not a jury.
• You and Sender also both agree that you or we may bring suit in      court to seek to enjoin infringement or other misuse of intellectual      property rights.
• 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.  These dispute resolution provisions shall survive any      cancellation or termination of your agreement to engage with the      Platform. 
• Sender’s third-party service providers are a third-party beneficiary      of these Terms & Conditions, including with respect to the dispute      resolution procedures set forth above.

Limitations; Restrictions; Miscellaneous

• THIS PLATFORM AND ALL CONTENT PROVIDED IN CONNECTION THEREWITH IS      PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND,      EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED,      INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE,      NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A      PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING,      COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY OTHER WARRANTIES ARE      HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER      APPLICABLE LAW.
• If at any time you intend to stop using the mobile telephone number      that has been used to subscribe to the Platform, including canceling your      service plan or selling or transferring the phone number to another party,      you agree that you will opt-out of the Platform by using process set forth      above prior to ending your use of the mobile telephone number.  You      understand and agree that your agreement to do so is a material part of      these Terms & Conditions.  You further agree that, if you discontinue      the use of your mobile telephone number 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 mobile messages, as a result of claims brought by      individual(s) who are later assigned that mobile telephone number.       This duty and agreement shall survive any cancellation or termination of      your agreement to engage with the Platform. 
• YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS      FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A      CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING 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 PROVIDE
• You may not use of engage with the Platform if you are under      thirteen (13) years of age.  If you use or engage with the Platform      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) 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.  By using or engaging with the Platform, you also      acknowledge and agree that you are permitted by your jurisdiction’s      applicable laws, rules, and regulations to use and/or engage with the      Platform. 
• You acknowledge and agree to not send any prohibited content over      the Platform.  Prohibited content includes: (a) any fraudulent,      libelous, defamatory, scandalous, threatening, harassing, or stalking      activity; (b) objectionable content, including profanity, obscenity,      lasciviousness, violence, bigotry, hatred, and discrimination on the basis      of race, sex, religion, nationality, disability, sexual orientation, or      age; (c) pirated computer programs, viruses, worms, Trojan horses, or      other harmful code; (d) any product, service, or promotion that is      unlawful where such product, service, or promotion thereof is received;      (e) any personal information or any content that implicates and/or      references protected personal information, including information that is protected      by the Health Insurance Portability and Accountability Act or the Health      Information Technology for Economic and Clinical Health Act; and (f) any      other content that is prohibited by Applicable Law in the jurisdiction      from which the message is sent.
• You represent warrant and represent to Sender that you have all      necessary rights, power, and authority to agree to these Terms &      Conditions 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 & Conditions is found to be unenforceable or invalid, that      provision will be limited or eliminated to the minimum extent necessary so      that these Terms & Conditions will otherwise remain in full force and      effect and enforceable. Any new features, changes, updates or improvements      of the Platform shall be subject to these Terms & Conditions unless      explicitly stated otherwise in writing. We reserve the right to change      these Terms & Conditions from time to time. Any updates to these Terms      & Conditions shall be communicated to you. You acknowledge your      responsibility to review these Terms & Conditions from time to time      and to be aware of any such changes. By continuing to participate in the      Platform after any such changes, you accept these Terms & Conditions,      as modified.