Terms of Service

TERMS OF SERVICE

-----

OVERVIEW

This website is operated by fabyarns. Throughout the site, the terms “we”, “us” and “our” refer to fabyarns. fabyarns offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall fabyarns, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless fabyarns and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 60 Broadway Tivoli New York US 12583.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at fabyarns@fabulousyarn.com.

--------------------------------------

MOBILE MARKETING TERMS AND CONDITIONS

IMPORTANT: The “Dispute Resolution” section below requires you to arbitrate claims you may have against chapelknitworks LLC on an individual basis to resolve disputes, rather than jury trials or class actions. It affects your legal rights. Please read it carefully.

With your express written consent, chapelknitworks LLC (or “we,” “us,” or “our”) may send you one-time or recurring automated or pre-recorded short message service (“SMS”) or Multimedia Messaging Service (“MMS”) marketing messages, including reminders to complete the online checkout process (collectively, “marketing messages”), using the telephone number you designate. When you consent to receive marketing messages from us, you also accept and agree to these Mobile Marketing Terms and Conditions and our <a href="https://fabyarns.myshopify.com/policies/privacy-policy" target="_blank">Privacy Policy</a> (“Mobile Marketing Agreement”), including, without limitation, the “Dispute Resolution” section below, which requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. The foregoing marketing messages may also include those prerecorded or sent using an automatic telephone dialing system. This Mobile Marketing Terms and Conditions is not intended to modify any other terms and conditions that may govern the relationship between you and us in other contexts, except that if this agreement and those agreements conflict, this agreement will control.

Providing Consent: You must provide express written consent to subscribe to marketing messages from us. We may request and you may provide this consent via email, website or application webform, text message, telephone keypress, voice recording, or any other method permitted by law. Your consent is not required to make any purchase from us. Your consent corresponds to the phone number you designate. By providing us your phone number and consenting to receive our marketing messages, you confirm that you are the owner of the phone number, control access to that number, and will notify us of any change to your phone number. In the event you change your phone number with us, you agree that we may continue to send you marketing messages at your new phone number unless you revoke your consent.

Revoking Consent: If you wish to unsubscribe from receiving our marketing messages or no longer agree to this Mobile Marketing Agreement, you may revoke your consent and opt out of receiving marketing messages by, among other things, replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT or something similar to any marketing message from us. If you unsubscribe from one of our text message programs, you may continue to receive text messages through any other programs you have joined until you separately unsubscribe from those programs.

Duty to Notify and Indemnify for Abandoned Phone Number: If at any time you intend to stop using the telephone number that you designated to receive our marketing messages, including by canceling your service plan or selling or transferring the phone number to another party, you agree that you will unsubscribe and revoke your consent in accordance with the process set forth above prior to ending your use of the telephone number. You understand and agree that your agreement to do so is a material part of this Mobile Marketing Agreement. If you discontinue the use of your telephone number without notifying us of such change, you agree to defend, release, indemnify, and hold harmless us and our officers, directors, employees, and representatives from and against any and all losses, claims, liabilities, injuries, costs, damages, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) arising out of or relating to, directly or indirectly, your failure to notify us of such change, including those resulting from a breach of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder. This duty and agreement shall survive any cancellation or termination of this Mobile Marketing Agreement.

Description of Content: Users that consent to receive marketing messages from us can expect to receive messages concerning the marketing and sale of our digital and physical products, services, and events.

Frequency: We may send you recurring marketing messages on a periodic basis. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the phone number from which messages are sent and we will notify you when we do so.

Cost: Message and data rates may apply to the messages we send you or that you send to us or when you click on weblinks in our messages.

Support Instructions: If you need assistance or have questions regarding our marketing messages, email us at judy@fabulousyarn.com.

Disclaimer of Warranty and Limitation of Liability: We make no representations or warranties, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose, suitability, or performance to you in connection with, arising out of, or relating to your subscription to our marketing messages. We do not guarantee delivery of SMS and MMS messages. Message delivery is subject to effective transmission from your wireless service provider and is outside of our control. Accordingly, delivery may not be available in all areas at all times, and messages may not be delivered in the event of product, software, coverage, or other changes made by your wireless service provider. You agree that neither we nor our vendors, suppliers, or licensors shall be liable for any delayed or failed delivery of any message we send you or you send us, including any damage or injury caused by delayed or failed delivery of any message.

Participant Requirements: You must own a wireless device capable of two-way messaging, be a wireless service subscriber of a participating wireless service provider, and have a wireless service plan with messaging service. If your wireless device or service plan does not support MMS messaging, we may send you SMS messages instead.

Age Restrictions: You may not subscribe to our marketing messages if you are under thirteen (13) years of age. If you are between thirteen (13) and eighteen (18) years of age, you must obtain permission from your parent or legal guardian to subscribe to our marketing messages.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and us, or between you and Kinnekt or any other third-party service provider acting on our behalf to transmit our marketing messages, 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, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy shall be, to the fullest extent permitted by law, resolved only by final and binding, bilateral arbitration in New York, New York before a single neutral arbitrator. You agree that we and you are each waiving the right to sue in court, except for disputes, claims, or controversies that qualify for small claims court, and the right to have a trial by jury. You agree that any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equitable theory. The arbitrator shall decide the enforceability of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The interpretation and application of this Mobile Marketing Agreement shall otherwise be governed by the laws of the state in which Company’s principal place of business is located.

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. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator 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. The parties 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 an equal share of the fees paid for the arbitrator and shall bear its own costs relating to 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 this Mobile Marketing Agreement.

Acceptable Use Policy: We utilize third-party service providers to transmit our marketing messages messaging platform, which is subject to certain prohibited uses under the messaging platform acceptable use policy of Zipwhip (“AUP”), which terms can be found at www.zipwhip.com/terms or as such AUP may be relocated and updated by Zipwhip on its website from time to time (“AUP Terms”). In the event of any conflict between this Mobile Marketing Agreement and the AUP Terms, the AUP Terms shall supersede to the extent of any actual conflict. By agreeing to this Mobile Marketing Agreement, you also agree to the AUP Terms.
PROHIBITED USES AND ACTIVITIES
You may not violate any applicable laws, rules and regulations applicable to you, in connection with, the following:
Theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property.
Fraud; forgery; or theft or misappropriation of funds, credit cards, or personal information.
Impersonation of any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Harm minors in any way.
Making available any content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities.
Making available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
Stalking or otherwise harassing any person or entity.
Export, re-export, or transfer of restricted software, algorithms or other data in violation of applicable export control laws.
Intentionally or unintentionally violate any applicable local, state, provincial, national or international law, treaty, or regulation, or any order of a court.
Deceptive practices such as posing as another service for the purposes of phishing or pharming.
Distributing any materials of a threatening or harmful nature, including without limitation threats of death or physical harm, or materials that are malicious, harassing, libelous, defamatory, or which facilitate extortion or harmful action.
Distributing any offensive materials, including without limitation obscene, pornographic, indecent or hateful materials and materials which promote gambling or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Sending unwanted messages without having procured the necessary consents, right and/or license.
Send protected health information.
Registering for more accounts or register for an account on behalf of an individual other than yourself.
Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
You may not violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of any network, electronic service, or other systems. You shall not use the Services in a manner that interferes with any other party’s ability to use and enjoy the messaging platform, that interferes with our third-party service partners’ ability to provide the messaging platform, or that otherwise may create legal liability for Company or its third-party service partners. You shall not use the Services to violate the acceptable use policy or terms of service of any other third-party service provider, including, without limitation, any Internet service provider.
You agree to review the website periodically to be aware of any changes or modifications. If you do not agree to the changes in the AUP Terms, you must discontinue use of the messaging platform. Your continued use of the messaging platform shall be deemed your conclusive acceptance of any such revisions.

Miscellaneous: You warrant and represent to us that you have all necessary rights, power, and authority to agree to this Mobile Marketing Agreement and to perform your obligations herein, and nothing contained in this Mobile Marketing 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 herein. If any provision of this Mobile Marketing Agreement, including any part of the “Dispute Resolution” section, is held unlawful, void, or for any reason unenforceable by a court or agency of competent jurisdiction, that part may be severed from this Mobile Marketing Agreement and the remaining provisions shall remain in full force and effect. Any new features, changes, updates or improvements related to our marketing messages shall be subject to this Mobile Marketing Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Mobile Marketing Agreement from time to time and we will provide you with notice of material changes. You acknowledge your responsibility to review this Mobile Marketing Agreement from time to time and to be aware of any such changes. By maintaining your consent to receive marketing messages from us after any such changes, you accept this Mobile Marketing Agreement, as modified.