Terms of Service

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS


Zamage we are offering a mobile messaging
program (the “Program”), which you agree to use and participate in subject to these
Mobile Messaging Terms and Conditions and Privacy Policy here (the
“Agreement”). By opting in to or participating in any of our Programs, you accept and
agree to these terms and conditions, including, without limitation, your agreement to
resolve any disputes with us through binding, individual-only arbitration, as detailed in
the “Dispute Resolution” section below. This Agreement is limited to the Program and is
not intended to modify other Terms and Conditions or Privacy Policy that may govern
the relationship between you and Us in other contexts.
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.
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 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.
Duty to Notify : If at any time you intend to stop using the mobile
telephone number that has been used to subscribe to the Program, including canceling
your service plan or selling or transferring the phone number to another party, you
agree that you will complete the User Opt Out process set forth above prior to ending
your use of the mobile telephone number. You understand and agree that your
agreement to do so is a material part of these terms and conditions. You further agree
that, if you discontinue the use of your mobile telephone number without notifying Us of
such change, you agree that you will be responsible for all costs (including attorneys’
fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile
messages, as a result of claims brought by individual(s) who are later assigned that
mobile telephone number. This duty and agreement shall survive any cancellation or
termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL, DEFEND, AND HOLD US HARMLESS
FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY
US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY
CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT,
47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY
REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US
ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU
PROVIDED.

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 clothing, hats, footwear and accessories. Messages may include checkout reminders promotion, payment, delivery and sale of.
Cost and Frequency: Message and data rates may apply. Message frequency varies.
The Program involves recurring mobile messages, and additional mobile messages
may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you
received messages from or email us at Service@zamage.com  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.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your
mobile device does not support MMS messaging.
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.
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.
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.
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.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between
you and Us, or between you and Stodge, LLC 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 Lancaster, Pa 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 Zamage’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 to arbitrate solely on an individual basis, and
this agreement does not permit class arbitration or any claims brought as a plaintiff or
class member in any class or representative arbitration proceeding. Except as may be
required by law, neither a party nor the arbitrator may disclose the existence, content, or
results of any arbitration without the prior written consent of both parties, unless to
protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not
affect any other term or provision of this Section or invalidate or render unenforceable
such term or provision in any other jurisdiction. If for any reason a dispute proceeds in
court rather than in arbitration, the parties hereby waive any right to a jury trial. This
arbitration provision shall survive any cancellation or termination of your agreement to
participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights,
power, and authority to agree to these Terms and perform your obligations hereunder,
and nothing contained in this Agreement or in the performance of such obligations will

place you in breach of any other contract or obligation. The failure of either party to
exercise in any respect any right provided for herein will not be deemed a waiver of any
further rights hereunder. If any provision of 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.

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.