Terms and Conditions
Welcome to elinesa Updates (“The Service”), owned and operated by elinesa (“The Website”). elinesa (elinesa) focuses on providing best ways to maintain healthy and balanced lifestyles. The program is intended to provide subscribers updates on maintaining a healthy lifestyle, who have elected to participate in the program.
elinesa does not charge you to participate in the elinesa Updates Service. However, message and data rates may apply from your wireless carrier. Please consult your wireless carrier for applicable text messaging fees. Under no circumstances will elinesa be responsible for fees that your wireless carrier may charge you for use of The elinesa Updates service.
elinesa Updates SMS Informational Campaigns
Recurring messages based on account activity. Message & data rates may apply. Consent is not a condition of purchase. Text HELP to (866) 661-3912 for help or contact customer care at support . The mobile carriers are not liable for delayed or undelivered messages.
Limitations on Use
You must be at least 17 years old to register for and use the elinesa Updates service. If you are under 17 years old, please obtain your parents’ permission before you sign up for the elinesa Updates service.
Mobile carriers are not liable for delayed or undelivered messages.
Participating carriers include T-Mobile®, Verizon Wireless, AT&T, Sprint, Boost, U.S. Cellular®, MetroPCS, Virgin Mobile, and Cricket.
Support Issues, Canceling or Unsubscribing
You may opt out of the elinesa Updates service at any time by texting STOP, QUIT, END, CANCEL, UNSUBSCRIBE, or STOP ALL to (866) 661-3912. Alternatively, you can send an email to [email protected] with your mobile phone number as the subject line. For help or other support issues, you can also send an email to [email protected] Text HELP to (866) 661-3912 from your mobile phone or call the following toll-free phone number: (866) 661-3912
Ownership; Trademarks; Modifications to Offers
You agree that elinesa or its partners will own all legal right, title and interest in and to the elinesa Updates services and any offers made through the elinesa Updates services, including any intellectual property rights. You agree that you shall not alter or modify any offers made through the elinesa Updates service, and shall not remove, obscure or alter any proprietary rights notices (including copyright or trademark notices) which made be affixed to the elinesa Updates services or offers made through the elinesa Updates services. Except as may be expressly authorized by a partner, you agree that you will not use any Trademark, service mark, trade name, or logo (“Trademarks”) of any entity in a way that is likely to or intended to cause confusion with respect to ownership of a Trademark, or that is likely to or intended to be detrimental to the goodwill in such Trademarks.
elinesa reserves the right, at our sole discretion, to terminate your subscription at any time without notice or without future obligation.
Disclaimer of Warranties
elinesa makes no warranties, express or implied regarding the elinesa Updates service. The elinesa Updates service is provided “as is” and on an “as available” basis, and elinesa DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Factors beyond the control of elinesa including without limitation, the speed of the mobile carrier networks and the internet may affect the performance of the elinesa Updates service. elinesa is not responsible for any acts that are beyond the control of elinesa.
Limitation of Liability
Additional SMS Terms
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 et seq., or any other statute, regulation, or legal or equitable theory. You and elinesa hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND elinesa ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND elinesa AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in the United States county where you live or work, Ohio, or any other location we mutually agree to, subject to Ohio law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree to indlourdesaify and hold each Company party harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys’ fees and costs, made by any other party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the right of another party.
You agree to indemnify and hold each Company party harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys’ fees and costs, made by any other party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the right of another party.
Governing Law; Venue
This agreement and its validity, construction and performance will be governed in all respects by the laws, and in the state and federal courts of the state of Delaware, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue of such courts.