Terms and Conditions
These Notices and Terms create a legal agreement between you (“You” and where appropriate, “Your”) and Squee, LLC (“Squee” and where appropriate, “Us” “Our” “it” or “its”) that governs: (1) the information of Squee made available through this website (the “Information”); (2) the nature of the relationship between You and Squee; (3) certain matters of professional responsibility; (4) Squee’s use of Your information it gathers through this website; and (5) Your use of this website, related components and features of this website, and the Information (collectively, the “Squee site: www.mattermission.com and www.kegelbell.com”). By accessing any portion of the Squee Site, You are indicating that You have read and understood, and that You assent to be bound by, these Notices and Terms, which may be amended from time to time by Squee pursuant to the terms herein. If You do not agree to these Notices and Terms, You are not permitted to access the Squee Site [mattermission.com and kegelbell.com]
1. NO MEDICAL ADVICE
The Information is made available for general informational purposes only, and is not intended to constitute specific medical advice or to be a substitute for advice from qualified doctor. Without limiting the foregoing, the Information may not reflect recent developments in the medicine, may not be complete, and may not be accurate in or applicable to Your particular case. Because the Information is general in nature and may not pertain to Your specific circumstances, You should not act or refrain from acting based on any Information without first obtaining advice from your medical doctor qualified in the applicable subject matter.
2. NO DOCTOR-PATIENT
You agree that Your access of the Squee Site or receipt of the Information, or Your transmission of electronic mail to addresses on the Squee Site [mattermission.com and kegelbell.com], does not create a doctor-patient relationship between You and Squee.
3. CERTAIN MATTERS OF PROFESSIONAL RESPONSIBILITY
3.1. No Advertising or Solicitation. The Squee Site is not intended to be an advertisement or solicitation.
3.2. Sensitive Communications. You agree that electronic mail sent by You to Squee will not be treated as confidential or invoke a doctor-patient privilege. Notwithstanding the foregoing, You acknowledge that electronic mail and the Internet are generally insecure media of communication, and Squee cannot guarantee the confidentiality of any electronic mail sent to or received by it or any information submitted by You to Squee through the Squee Site.
3.3. Age Appropriate; Squee strongly recommends the website visitor be 18 years old and older and that anyone under 18 have permission from a parent or guardian. All content is educational and is appropriate for education, but some may want to control the sexual education of minors, and if that is the case, all minors should get permission from a parent or guardian before educating themselves on this site.
3.4. Principal Office; Squee’s principal office is in Mesa, Arizona.3.5. No Warranty of Results. The Information may contain descriptions of matters in which Squee successfully represented its clients. The results of these matters were dependent on their specific circumstances, and are in no way intended to be predictive of future results, even in similar circumstances, or offer any type of guarantee or assurance of outcome. Information pertaining to Squee clients may not reflect the opinions of such clients.
4.2. Activity Logging. When You use the Squee Site, which may be hosted in part or its entirety by a third party, the Squee Site will collect information indirectly and automatically (through, for example, the use of “cookies” or Your “IP address”) about Your activities. Squee uses this activity information (the “Activity Information”) for internal purposes such as to administer the Squee Site, improve the Squee Site, and help Squee understand how the Squee Site is being used including the demographics and “clickstreams” of its visitors. “Cookies” are small pieces of information stored not stored on the Squee Site. You are always free to decline cookies if Your browser permits, but in that case, some portions of the Squee Site may not operate properly. An “IP address” is a number that is automatically assigned to Your computer when You use the Internet.
4.3. Personally Identifiable Information. The Squee Site is designed so that You may generally browse it without providing any Personally Identifiable Information (defined below). Certain areas of the Squee Site, however, may require or allow the voluntarily submission of Personally Identifiable Information (for example, commenting on the www.kegelbell.com or www.mattermission.com blog). Squee uses Your Personally Identifiable Information for the purposes for which it was submitted by You to Squee and for Squee to send you publications and invitations that may be of interest to you. Except as otherwise set forth in this Section 4, Squee does not share Your Personally Identifiable Information with third parties. “Personally Identifiable Information” means information that would allow someone to identify or contact You, such as Your name, physical or electronic mail address, and telephone number; provided, however, that Personally Identifiable Information does not include aggregated information that, by itself, does not permit the identification of individual persons and does not include the Activity Information.
4.4. Removal of Personally Identifiable Information. Squee will use commercially reasonable efforts to remove Your Personally Identifiable Information from our then current Squee Site at any time upon Your written request to firstname.lastname@example.org. Such removal of Personally Identifiable Information will not ensure the permanent removal of such Personally Identifiable Information from the Squee Site. For example, such Personally Identifiable Information may remain in Squee’s archival or backup copies of the Squee Site.
4.5. Additional Disclosure of Personally Identifiable Information. Squee may share Personally Identifiable Information with third parties, including affiliated firms and third parties performing services for or on behalf of Squee. Such services may include communications, database, event management, hosting, mailing, and marketing services. Additionally, Squee cannot fully ensure that Your Personally Identifiable Information will not be disclosed to third parties. For example, Squee may be legally obligated to disclose information to the government or third parties under certain circumstances, third parties may circumvent Squee’s security measures to unlawfully intercept or access transmissions or private communications, or an error may occur in the administration of the Squee Site. In the unlikely event that Squee needs to investigate or resolve possible problems or inquiries, Squee may, and You authorize Squee to, disclose any information about You to government officials as permitted by applicable law.
5.1. Prohibited Uses. You will not use the Squee Site in violation of any applicable law. Without limiting the foregoing, You will not use the Squee Site in connection with (a) the infringement of intellectual property rights including Squee’s rights in its marks and its articles and alerts; (b) the unauthorized transmission of unsolicited commercial electronic mail; (c) the transmission of defamatory materials; or (d) fraud. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Squee Site.
5.2. Copyright in Information. The Squee Site including the Information is protected by United States and international copyright laws. All rights are reserved. Subject to the terms of these Notices and Terms, Squee grants to You a limited, nonexclusive, personal license to access, view, download and print the Information solely for noncommercial and informational purposes. You may not modify the Information in any way and You may not remove or obscure any copyright or permission notices provided on or in connection with the Information. Squee does not grant to You any rights in its marks. You are free to hyperlink to any page in the publicly available pages of the Squee Site; provided, however, that You agree to immediately remove any such hyperlink upon Squee’s written request.
5.3. Electronic Mail. Subject to Section 5.1, You may send electronic mail to those addresses made available on the Squee Site for the purposes of requesting alerts or other news notification services, submitting voluntary survey responses, responding to or making inquiries regarding Squee events, requesting information regarding Squee or legal or other services offered by Squee, and inquiring about employment opportunities. You agree to cease sending electronic mail to any Squee address upon Squeerequest.
5.4. No Warranties. THE Squee SITE IS PROVIDED TO YOU “AS IS.” YOUR ACCESS AND USE OF THE Squee SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, Squee DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR FREE OPERATION.
5.5. Disclaimer of Liability. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, Squee DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR LOST INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE Squee SITE.
5.6. Third Party Information. Squee may hyperlink to or otherwise make third party information available on the Squee Site. This is done solely for the purposes of convenience. Squee does not endorse or approve of any such third party information or such third parties.
5.7. Miscellaneous. You agree that any dispute arising out of or in connection with the Squee Site or these Notices and Terms will be governed by the laws of the state of Arizona without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction, and You submit to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona. In the event that You gain access to information not intended to be accessed by You, You agree that You will immediately notify Squee and lawfully destroy all copies of such information in Your possession. Squee may be contacted at email@example.com
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, 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. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Kegelbell® and its service providers will have no liability for failing to honor such requests. 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.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Kegelbell's pelvic floor training products and related accessories. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is 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 wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: 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.
9. Age Restriction: You may not use or 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 Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, 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 will be, to the fullest extent permitted by law, determined by arbitration in Mesa, Arizona 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 Kegelbell®’s principle 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 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, a 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 THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class 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.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. 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 this Agreement 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 Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.