Terms of Use
Thank you for visiting our website (“Website”), a service of On Location Events, LLC d/b/a On Location (or its subsidiaries and affiliates, including the owner of the website or page from which you accessed these Terms of Use) (referred to collectively in this policy as “we,” “us,” “our” and other similar pronouns). Please read these Terms of Use carefully before using this website, any of our mobile applications or other online or mobile services (collectively the “Website”). By accessing the Website, you agree to be bound by these Terms of Use and any additional terms and conditions that you may be asked to agree to when interacting on the Website (including contest or sweepstakes rules).
You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract. If you do not agree to these Terms of Use, please do not use this Website.
THESE TERMS OF USE CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS TERMS OF USE AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND US OR OUR AFFILIATES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN THE “BINDING ARBITRATION” SECTION BELOW.
We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted, provided that we will provide prominent notice on the Website when we make a material change to these Terms of Use. By continuing to use the Website after we post any such changes, you accept the Terms of Use as modified.
Contents
Ownership Of Website Content And Submissions
Responsibility For Public Postings And Content
Website Registration and Log In
Copyright Infringement Notices
Binding Individual Arbitration
Suspension Or Termination Of Access
Rules Of Conduct
There are a few rules of conduct that you are required to follow when you use the Website:
- Do not “harvest” (or collect) information from the Website using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so).
- Do not use automated means to access the Website, or gain unauthorized access to the Website or to any account or computer system connected to the Website. This prohibition does not apply to search engines accessing the Website solely for web indexing purposes.
- Do not “stream catch” (download, store or transmit copies of streamed content).
- Do not obtain, or attempt to obtain, unauthorized access to any restricted areas of the Website or our systems.
- Do not circumvent or reverse engineer the Website or its systems.
- Do not restrict or inhibit another user or users from using and enjoying this Website.
- If you post something to this Website, such as comments or other content, do not post anything that:
- infringes any third party intellectual property right (such as copyrights),
- is defamatory (i.e., something that is negative and untrue about another person or entity),
- divulges another person’s or entity’s confidential or private information or trade secret,
- is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,
- encourages criminal conduct,
- advertises or solicits business for products or services other than those that are offered and promoted on this Website, or
- contains any virus, malware, spyware or other harmful content or code.
Ownership Of Website Content And Submissions
We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Website. You may use this Website (including such content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from this Website unless explicitly authorized in these Terms of Use or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
If you submit or post any materials or content to this Website, you grant us and our affiliates a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Website is original to you and that you have the right to grant us these rights.
Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.
Responsibility For Public Postings And Content
Responsibility for what is posted in public areas of our Website lies with each user. We do not control the material that you or others may post or otherwise make available in public areas of the Website, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so at our discretion. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.
Website Registration and Log In
You may be required to register and create an account on the Website in order to access certain features or areas of the Website.
You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
You are responsible for all activity occurring when this Website is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
Electronic Communications
The communications between you and us via this Website use electronic means, whether you visit this Website or send us an email, or whether we post notices on this Website or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Copyright Infringement Notices
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this Website in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to ATTN: Legal On Location Events, LLC 3375 Piedmont Road, Suite 950, Atlanta, GA 30305 or by email to legal@onlocationexp.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Website; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the Website. We have a policy of terminating the Website usage privileges of users who are repeat infringers of intellectual property rights.
Indemnification
You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from your use of this Website, your submissions to this Website, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the Website via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of this Website.
Disclaimer Of Warranties
THIS WEBSITE AND ITS CONTENT AND SERVICES ARE PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. WE PROVIDE THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:
- THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
- THE WEBSITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
- THE INFORMATION ON THE WEBSITE WILL BE ACCURATE OR UP-TO-DATE,
- THE WEBSITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
- INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THIS WEBSITE WILL REMAIN RETRIEVABLE AND UNCORRUPTED (UNLESS WE PROMISE THIS IN A SEPARATE AGREEMENT WITH YOU), OR
- THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE ARE PROVIDED “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.
YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THIS WEBSITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THIS WEBSITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THIS WEBSITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO OUR WEBSITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE WEBSITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.
Limitations Of Liability
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THIS WEBSITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THIS WEBSITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE WEBSITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC WEBSITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Binding Individual Arbitration
It is our goal that the Website and the products and services offered meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, we committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with us or our affiliates you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to:
ON LOCATION EVENTS, LLC, 3575 Piedmont Road, suite 950, Atlanta, GA 30305, ATTN: LEGAL.
You agree to negotiate resolution of the dispute in good faith for no less than 60 days after you provide notice of the dispute. If we or our affiliate you have a dispute with does not resolve your dispute within 60 days from receipt of notice of the dispute, you, us or our affiliate you have a dispute with may pursue your claim in arbitration pursuant to the terms in this Section.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Website or these Terms of Use, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate our or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by us and/or the applicable third party(ies). You and we acknowledge that the these Terms of Use affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA“). For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the entity you had a dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the entity you have a dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or the entity you have a Dispute with may initiate arbitration in either New York County, New York or the county in which you reside. In the event that you select the county of your residence, the entity you have a Dispute with may transfer the arbitration to New York County, New York in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
Continuation. This Section shall survive any termination of this Terms of Use or the provision of the associated services to you.
Exclusions from Arbitration. YOU AND US AND OUR AFFILIATES AGREE THAT ANY CLAIM FILED BY YOU OR BY US OR OUR AFFILIATE IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO ON LOCATION EVENTS, LLC, 3575 PIEDMONT ROAD, SUITE 950, ATLANTA, GA 30305, ATTN: LEGAL AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US OR OUR AFFILIATES THROUGH ARBITRATION.
Jury Waiver. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
***YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.
Changes To This Website
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), this Website or any portion of the Website. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Suspension Or Termination Of Access
We have the right to deny access to, and to suspend or terminate your access to, the Website, or to any features or portions of the Website, and to remove and discard any content or materials you have submitted to the Website, at any time and for any reason, including for any violation by you of these Terms of Use. In addition, we have a policy of terminating the Website usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of the Website, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.
Linking Policies
The Website may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such websites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such websites. When you visit a linked website you should read the terms of use and privacy policy that govern that particular linked website.
We welcome links to this Website so long as: (i) this Website opens in a new browser window which displays the full version of a page of this Website (e.g., not merely one of its frames, and not an “in-line” link to a particular image or object on this Website), (ii) the link to this does not state or imply any sponsorship of your website or service by us or by this Website; and (ii) this Website is not display framed within or obfuscated by other content. You may not use on your Website any trademarks, service marks or copyrighted materials appearing on this Website, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to this Website upon notice. If you receive such a notice from us, you agree to discontinue your link to the Website.
General
Jurisdictional Issues Applicable Law and Venue. We control and operate thw Website from our facilities in the United States of America, and unless otherwise specified, the materials displayed on this Website are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on this Website are appropriate or available for use in other locations. If you choose to access this Website from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of law. ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR, IF SUCH COURT WOULD NOT HAVE JURISDICTION OVER THE MATTER, THEN ONLY IN A NEW YORK STATE COURT SITTING IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK. EACH PARTY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THESE COURTS AND AGREES NOT TO COMMENCE ANY LEGAL ACTION UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS TERMS OF USE IN ANY OTHER COURT OR FORUM. EACH PARTY WAIVES ANY OBJECTION TO THE LAYING OF THE VENUE OF ANY LEGAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS TERMS OF USE IN THE FEDERAL OR STATE COURTS SITTING IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK, AND AGREES NOT TO PLEAD OR CLAIM IN SUCH COURTS THAT ANY SUCH ACTION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.
Severability. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect.
No Third Party Beneficiaries. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.
On Location Mobile Messaging Terms & Conditions
Please read these Text Messaging Terms & Conditions (the "Terms") carefully. By signing up for one or more text message programs ("Program"), or by submitting your telephone number or otherwise agreeing to receive text messages from or on behalf of On Location Events, LLC ("On Location") you agree to be bound by these Terms.
PLEASE NOTE: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AS DETAILED IN THE “APPLICABLE LAWS, CLASS WAIVER, AND AGREEMENT TO ARBITRATE” SECTION BELOW.
Your participation in a Program is also subject to our Privacy Policy, Terms of Use, and any other applicable terms and agreements related to your use of the Program and our services. These Terms are not intended to modify other terms or the Privacy Policy that may govern the relationship between you and us in other contexts.
Your Consent to Receive Automated Calls/Texts: You acknowledge that by voluntarily providing your telephone number(s), you expressly consent to receive recurring automated informational and marketing text messages (such as SMS, MMS, or successor protocols or technologies) from us that may be sent using an automated system, an autodialer, an automated system for the selection and/or dialing of telephone numbers, an automatic telephone dialing system (“ATDS”), and/or any other type of systems, software, hardware, or machine (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending messages.
These messages may be concerning, without limitation, products, offers, promotions, your account, and order status notifications to the mobile telephone number you provided when signing up or any other number that you designate, even if your telephone number(s) is registered on any state or federal Do Not Call list. You understand that consent to receive automated marketing text messages is not a condition of any purchase. Message frequency may vary by use.
Participation Requirements: By using, taking part in, and/or opting in to one or more Programs, you acknowledge and agree that you are over the age of eighteen (18) or are of the age of majority in your jurisdiction. 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.
Programs are offered on an "as is" basis, 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 service changes made by us or your wireless carrier. On Location may change or discontinue any of the Programs without notice or liability to you. On Location, its service providers, and T-Mobile are not liable for delayed or undelivered messages. We do not charge a fee to send and receive automated communications. However, you may incur a charge for these communications from your telephone carrier, which is your sole responsibility. Your carrier’s message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that we are not responsible for such charges.
Opt Out Instructions: If you do not wish to continue participating in any of the Programs, or no longer agree to these Terms, you may opt out at any time. Text the keyword STOP to the shortcode 60729 to cancel. You acknowledge and agree to accept a final text message confirming your opt-out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, UNSUBSCRIBE OR QUIT keyword command and agree that On Location and its service providers will have no liability for failing to honor such requests. If you unsubscribe from a Program with respect to a particular site and/or shortcode, you may continue to receive text messages from On Location through any other Programs you have joined and/or via any other shortcodes until you separately unsubscribe from those Programs. If at any time you forget what keywords are supported, just text "HELP" to 60729. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe. You can also email us at legal@onlocationexp.com for help.
If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
Providing Telephone Numbers and Duty to Notify: You verify that the mobile number provided to us is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. Should any of your contact information change, including ownership of your telephone number(s), you agree to immediately notify us before the change goes into effect by email to legal@onlocationexp.com.
Indemnification to Us: In addition to any other indemnification, you agree to indemnify, defend and hold us harmless from and against any and all privacy, tort or other claims, losses, liability, costs and expenses (including reasonable attorneys’ fees), including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your mobile telephone number.
Release of Claims: By agreeing to receive text messages from us, you agree to release us from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms based on any alleged violations of the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule and/or any state and local acts or statutes that may apply to the Programs.
Applicable Laws, Class Waiver, and Agreement to Arbitrate:
THIS SECTION CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. THEY AFFECT EACH PARTY’S RIGHTS CONCERNING THE RESOLUTION OF ANY “DISPUTE” (DEFINED BELOW) BETWEEN THE PARTIES.
These Terms and Conditions shall be construed in accordance with the laws of the State of New York, without regard to provisions on the conflicts of laws. Any and all claims, whether based on past, present, or future events, arising out of or relating in any way to these Terms (including the enforcement of any provision in the Terms), (collectively, a “Dispute”), shall be submitted to final and binding arbitration before JAMS, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq., including the arbitrability of any such Dispute. You must give written notice to On Location by sending an email to legal@onlocationexp.com and attempt in good faith to resolve any dispute arising out of or relating to these Terms of Use by negotiating in good faith with On Location for a period of sixty (60) days after providing notice before you can initiate an arbitration related to these Terms.
The arbitration shall take place in New York City, New York before a single arbitrator who is jointly selected and mutually approved by the parties. The arbitrator shall serve as a neutral, independent and impartial arbitrator. All decisions of the arbitrator shall be final, binding and conclusive on the parties and shall constitute the only method of resolving disputes or matters subject to arbitration pursuant to the Terms of Use; provided, however, nothing shall prohibit the parties from seeking injunctive relief and/or other equitable remedies in a court of competent jurisdiction. The arbitrator or a court of appropriate jurisdiction may issue a writ of execution to enforce the arbitrator’s judgment. Judgment may be entered upon such a decision in accordance with applicable law in any court having jurisdiction thereof. The arbitrator is not empowered to award special, punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. The arbitration procedure and the results thereof will be considered confidential information of both parties.
Each party agrees that any proceeding to resolve or litigate any Dispute hereunder, whether in arbitration or in court, will be conducted solely on an individual basis, and neither party will seek to have any Dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which either party acts or proposes to act in a representative capacity. The parties further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of all parties to such other arbitration or proceeding. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Termination of Text Messaging: We may suspend or terminate your receipt of text messages if we believe you are in breach of these Terms. Your receipt of text messages from us is also subject to termination if your mobile telephone service terminates or lapses. We also reserve the right to modify or discontinue, temporarily or permanently, all or any part of a Program, with or without notice.
Privacy: Data obtained from you in connection with this text messaging Program may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and other information you provide to On Location as part of the Program. On Location and our subsidiaries and/or partners may use this information to contact you and provide the services you request. We may also use this information as described in the Program you’ve enrolled in and in accordance with our privacy policy. If you have questions regarding our privacy practices, please read our privacy policy at https://onlocationexp.com/privacy-policy.
Changes to these Messaging Terms: These Terms may change at any time. We will post the revision date with the revised Terms. The revised Terms will apply to you for any text messages you receive after the revision date, so please check back from time to time.
Last Updated: May 2024